AN
Historical
and
Political
Discourse
OF
THE
Laws
&
Government
OF
ENGLAND
.
CHAP.
I.
Of
the
BRITONS
,
and
their
Government
.
THIS
is
Britain
,
or
rather
that
part
thereof
,
in
after-ages
called
Saxony
and
England
,
from
the
peoples
Names
transplanted
thither
.
The
Britons
(
to
lay
aside
all
conceipts
of
Fame
)
I
take
to
be
an
issue
of
the
Neighbouring
Nations
,
from
the
German
and
Belgick
shores
;
induced
hereto
,
partly
by
the
vicinity
of
the
Names
of
he
People
,
In
their
civil
Government
they
allowed
preeminence
of
their
Magistrates
rather
than
Supremacy
,
and
had
many
chiefs
in
a
little
room
;
the
Romans
called
them
little
Kings
,
for
the
greater
renown
of
their
Empire
.
But
others
of
more
sobriety
account
them
no
better
than
Lords
:
That
in
Britain
the
People
held
the
Helm
of
Government
in
their
own
power
.
So
as
these
were
not
Kings
,
nor
their
Government
Monarchical
,
and
yet
might
be
regular
enough
,
considering
the
rudeness
that
in
those
days
overspread
the
world
.
True
it
is
,
that
by
a
holy
man
this
Nation
was
in
latter
times
of
Barbarism
,
Julius
Caesar
,
continued
in
Tiberius
his
time
and
afterwards
,
until
in
the
Reign
of
Claudius
't
is
said
,
that
Caractacus
ruled
over
many
Nations
.
For
it
is
a
certain
Maxim
,
that
though
great
Nations
may
be
upholden
by
power
,
small
Territories
must
be
maintained
by
justice
;
without
which
,
the
door
will
be
soon
set
open
to
the
next
passenger
that
comes
;
especially
where
the
people
are
bent
to
war
,
as
these
were
,
and
therein
had
attained
such
exquisite
perfection
of
skill
in
Chariot-service
,
as
must
needs
convince
us
of
their
much
experience
against
themselves
,
in
regard
that
to
other
people
it
was
scarce
known
;
no
,
nor
yet
to
Caesar
himself
,
that
had
been
practised
in
the
Wars
of
all
Nations
.
And
this
is
all
that
I
can
produce
out
of
story
,
touching
the
Government
of
Britain
,
before
the
entry
of
that
light
that
lightneth
every
one
that
cometh
into
the
world
.
CHAP.
II.
Concerning
the
Conversion
of
the
BRITONS
unto
the
Faith.
IT
was
long
before
the
Son
of
God
was
inwombed
,
and
whiles
as
yet
Providence
seemed
to
close
only
with
the
Jewish
Nation
,
and
to
hover
over
it
,
as
a
choice
picked
place
from
all
the
earth
,
that
with
a
gracious
eye
surveying
the
forsaken
condition
of
other
Nations
,
it
glanced
upon
this
Island
;
both
thoughts
and
words
reflected
on
Isles
,
Isles
of
the
Gentiles
,
Isles
afar
off
,
To
recover
the
forgotten
ways
of
past
providence
,
is
no
less
difficult
,
than
to
search
out
the
hidden
bowels
of
future
promises
;
and
therefore
I
shall
not
busie
my self
to
find
out
the
particular
instruments
that
brought
Gods
presence
into
this
dark
corner
,
but
only
glance
at
the
time
and
manner
,
that
it
may
appear
we
were
not
forgotten
,
nor
yet
lost
,
or
least
in
mind
,
at
that
time
of
the
dispensation
of
this
grace
unto
all
men
.
I
dare
not
instance
as
Gildas
,
the
certain
time
of
six
years
;
yet
I
may
say
,
that
no
sooner
was
the
Scepter
departed
from
Judah
,
but
with
a
swift
pace
,
both
it
and
the
Law-giver
came
hither
like
an
Arrow
flying
through
other
Countries
,
but
sticking
with
a
ne
plus
ultra
in
this
Island
,
(
then
a
People
rather
than
a
Commonwealth
)
as
if
we
were
the
onely
White
that
then
was
in
God's
aim
.
It
's
probable
in
the
highest
degree
that
the
work
was
done
within
the
first
Century
,
and
very
nigh
about
the
Apostolick
times
;
for
that
in
the
second
Century
Britain
was
a
Church
of
Fame
,
and
known
to
the
Fathers
that
dwelt
afar
off
,
even
to
Tertullian
and
Origen
,
and
in
short
time
had
outreached
the
Roman
confines
in
that
Island
,
The
manner
yet
is
more
remarkable
;
for
that
not
onely
Principalities
and
Powers
,
and
Spiritual
Wickednesses
in
high
places
,
(
which
are
but
Stumbling-blocks
)
but
also
natural
wisdom
of
the
Druides
(
who
were
Masters
of
the
Consciences
of
the
Britons
,
and
their
high
conceit
of
their
excellency
above
the
ordinary
strain
of
men
,
and
unto
which
the
Cross
of
Christ
is
meer
foolishness
;
and
above
all
,
the
deep
obligement
of
the
People
unto
these
their
Rabbies
,
in
a
Devotion
beyond
the
reach
of
other
Nations
:
All
these
,
I
say
)
stood
in
the
way
,
and
rendred
the
people
more
uncapable
of
any
new
Light.
But
when
the
time
fore-set
is
fully
come
,
all
Mountains
are
laid
low
,
and
double-folded
Doors
fly
open
;
and
this
Conquerour
of
all
Nations
attempts
Britain
,
not
in
the
Rear
,
nor
by
undermining
,
but
assails
them
in
their
full
strength
,
presents
in
a
clear
Sun-shine
that
one
true
Sacrifice
of
God-man
;
at
the
appearing
whereof
,
their
shadows
of
many
Sacrifices
of
mans
flesh
fly
away
.
And
thus
those
Druides
that
formerly
had
dominion
of
the
Britons
Faith
,
become
now
to
be
helpers
of
their
joy
,
CHAP.
III.
Of
the
entry
of
the
Romans
into
Britain
,
and
the
state
thereof
during
their
continuance
.
THis
conversion
of
the
Druides
was
but
the
first
step
to
that
which
followed
,
It
oft
befals
,
that
things
of
deformed
shape
are
nevertheless
of
excellent
spirit
,
and
serve
the
turn
best
of
all
:
and
it
is
no
less
remarkable
,
that
this
tide
of
Roman
invasion
,
however
it
represented
to
the
world
little
other
than
a
tumour
of
vain-glory
in
the
Romans
,
that
must
needs
be
fatal
to
the
Britons
liberty
and
welfare
:
yet
by
over-ruling
providence
it
conduced
so
much
to
the
Britons
future
glory
,
as
it
must
be
acknowledged
one
of
the
chief
master-pieces
of
supernatural
moderatorship
that
ever
this
poor
Island
met
with
.
First
,
he
taught
them
to
bear
the
yoke
,
to
stoop
,
and
become
tractable
;
for
stubborn
spirits
must
first
stoop
under
power
,
before
they
will
stoop
to
instruction
.
But
this
onely
in
the
way
,
for
tractableness
,
if
good
ensue
not
,
is
of
it self
but
a
disposition
for
evil
.
Secondly
,
it
brought
into
Britain
the
knowledge
of
Arts
and
Civility
;
and
questionless
it
was
a
wise
policy
of
Agricola
,
Above
one
hundred
years
were
spent
in
this
Provincial
way
of
Government
of
Britain
,
under
the
Roman
Lieutenants
;
during
all
which
time
,
Religion
spread
under
ground
,
whiles
the
Roman
power
in
a
continual
war
sprang
upward
.
Nor
is
it
strange
that
Religion
should
thrive
in
War
:
the
French
Wars
in
Edward
the
Thirds
time
,
brought
much
of
this
happiness
to
England
from
the
Waldenses
;
and
Germany
had
no
less
benefit
by
the
wars
of
Charles
the
Fifth
with
the
Italians
,
French
and
Turks
:
and
thus
the
Romans
levened
with
the
Gospel
,
by
exchanging
men
with
Britain
,
and
other
mutual
correspondencies
,
insinuated
that
leven
by
degrees
,
which
in
the
conclusion
prevailed
over
all
.
For
the
Roman
Lieutenants
having
gotten
sure
footing
in
Britain
,
steered
their
course
with
a
different
hand
;
generally
they
were
of
the
Roman
stamp
,
seeking
to
kill
Christ
in
the
Cradle
;
and
by
that
means
Religion
met
with
many
storms
of
bitter
persecution
,
and
so
was
compelled
to
bear
a
low
sail
:
but
some
being
more
debonaire
,
and
of
wiser
observation
,
soon
found
,
that
the
way
of
justice
and
gentleness
had
more
Force
in
Britain
than
Arms
,
and
so
endeavoured
to
maintain
that
by
moderation
,
which
they
had
gotten
by
labour
and
blood
;
as
it
is
ever
seen
that
where
conquest
is
in
the
van
,
gentleness
follows
in
the
rear
,
because
no
Bow
can
stand
long
bent
,
but
at
length
must
give
in
and
grow
weak
.
And
thus
by
connivance
,
the
Britons
got
a
little
more
scope
,
and
Religion
more
encouragement
,
till
it
became
acquainted
with
the
Roman
Deputies
,
began
to
treat
with
the
Emperours
themselves
,
and
under
the
wise
government
of
Aurelius
the
Emperour
mounting
into
the
British
Throne
,
Crowned
Lucius
first
of
all
Kings
with
the
Royal
Title
of
a
Christian.
He
now
not
so
much
a
Vassal
as
a
Friend
and
Ally
to
the
Romans
,
and
perceiving
the
Empire
to
be
past
noon
,
and
their
Lieutenants
to
comply
with
the
Christians
,
began
to
provide
for
future
Generations
,
and
according
to
the
two
grand
defects
of
Religion
and
Justice
,
applied
himself
for
the
establishment
of
both
.
Religion
in
Britain
hath
hitherto
been
for
the
most
part
maintained
by
immediate
influence
from
Heaven
.
No
Schools
,
no
Learning
,
either
maintained
or
desired
;
the
want
whereof
,
together
with
the
persecutions
stirred
up
by
the
Emperours
,
especially
Domitian
,
brought
the
Church
to
so
low
an
ebb
,
that
the
Sacraments
ceased
:
for
Histories
tell
us
that
Lucius
sent
to
Rome
for
relief
,
and
that
the
Bishop
of
that
place
(
whether
Evaristus
or
Eleutherius
)
sent
over
Learned
men
to
Preach
and
Baptize
both
King
and
People
;
London
,
York
,
and
Caerlion
upon
Vske
,
and
28
Bishopricks
:
the
first
of
which
is
cried
down
by
many
demonstrative
instances
;
nor
can
it
consist
with
the
second
,
nor
that
with
it
,
or
with
the
truth
of
other
stories
.
For
it
neither
can
be
made
out
that
Lucius
had
that
large
circuit
within
his
Dominion
,
nor
that
the
title
of
Archbishop
was
in
his
daies
known
;
and
't
is
very
improbable
that
the
British
Church
was
so
numerous
,
or
that
Religion
in
his
time
was
overspread
the
whole
Island
:
nor
is
there
any
mention
in
any
Author
of
any
Monuments
of
these
Archbishops
,
or
Bishops
of
Britain
,
for
the
space
of
200.
years
after
this
King's
reign
,
and
yet
no
continual
raging
persecution
(
that
we
read
of
)
that
should
enforce
them
to
obscure
their
profession
,
or
hide
their
heads
;
or
if
such
times
had
been
,
it
would
have
been
expected
that
Bishops
in
those
daies
should
be
in
Britain
,
(
as
well
as
in
other
places
)
most
famous
for
gifts
and
graces
,
and
pass
in
the
forefront
of
persecution
.
But
we
find
no
such
thing
;
no
not
in
the
rages
of
Dioclesian
,
which
made
the
British
Church
famous
for
Martyrs
:
Writers
speak
of
Alban
,
Amphibalus
,
Aron
,
Julius
and
a
multitude
of
Lay-people
,
but
do
not
mention
one
Bishop
,
nor
Presbyter
,
Somewhat
more
probable
it
is
,
that
is
noted
by
Writers
concerning
Lucius
his
endeavour
to
settle
the
Commonwealth
and
good
Laws
for
Government
,
and
to
that
end
did
write
a
Letter
to
Eleutherius
,
Bishop
of
Rome
,
for
a
Model
of
the
Roman
Laws
;
probably
being
induced
thereunto
by
the
splendor
of
the
state
of
the
Roman-Church
and
Commonwealth
,
the
onely
Favorite
of
fame
in
those
times
through
the
Northern
parts
of
the
World.
Things
afar
off
,
I
confess
,
are
dim
,
and
it
is
meet
that
Antiquaries
should
have
the
honour
due
to
great
after-sight
:
And
therefore
I
might
think
(
as
some
of
them
have
done
)
that
the
Epistle
of
Eleutherius
to
King
Lucius
is
spurious
,
if
I
could
imagine
to
what
end
any
man
should
hazard
his
wits
upon
such
a
Fiction
,
or
if
the
incongruities
charged
against
it
were
incurable
;
but
being
allowed
to
be
first
written
in
Latine
,
and
then
translated
into
British
for
the
peoples
satisfaction
,
and
in
that
Language
(
the
Original
being
lost
)
traduced
to
posterity
;
and
then
by
some
Latine
Writer
in
after-ages
returned
into
Latine
,
and
so
derived
to
these
times
(
all
which
very
probably
hath
been
;
)
such
occasions
of
exceptions
well
arise
by
mistake
of
Translators
and
Transcribers
in
ignorant
times
,
and
the
substance
nevertheless
remain
entire
and
true
.
Considering
therefore
that
the
matter
of
that
Epistle
savoureth
of
the
purer
times
of
the
Church
,
To
others
it
seemeth
needless
and
vain
,
that
Lucius
should
send
for
a
model
to
Eleutherius
,
when
as
the
Roman
Deputies
and
Legions
at
home
might
have
satisfied
the
Kings
desire
in
that
particular
,
or
their
own
experience
might
have
taught
them
grounds
sufficient
,
after
two
hundred
years
converse
with
the
Romans
,
that
they
should
have
little
needed
a
model
for
that
which
they
saw
continually
before
their
view
,
or
might
have
understood
by
inquiry
of
their
own
acquaintance
.
But
what
could
be
expected
of
rough
Souldiers
,
concerning
form
of
government
of
a
Common-wealth
?
or
if
some
exceeded
the
ordinary
strain
in
policy
,
yet
they
were
too
wise
to
communicate
such
Pearls
to
conquered
Nations
,
that
ought
to
look
no
higher
than
the
will
of
the
Conquerour
,
and
subsist
in
no
better
condition
than
may
be
controlled
by
the
Supream
Imperial
Law
of
the
Lord
Paramount
;
or
if
in
this
they
had
corresponded
to
the
desires
of
the
Britains
,
yet
being
for
the
most
part
ignorant
of
the
main
,
they
could
never
have
satisfied
the
expectations
of
a
Christian
King
,
who
desires
such
a
Law
as
may
befriend
Religion
,
and
wherein
no
man
was
more
like
to
give
direction
than
Eleutherius
,
who
seeing
a
kind
of
enmity
between
the
Roman-Laws
,
and
Christ's
Kingdom
,
sends
to
the
King
a
fair
refusal
of
his
request
,
upon
this
ground
,
that
Leges
Romanas
&
Caesaris
semper
reprobare
possumus
.
He
saw
that
they
were
not
well
grounded
,
he
therefore
refers
the
King
to
the
sacred
Scripture
,
that
is
truth
itself
.
Laws
that
come
nighest
to
it
are
most
constant
,
and
make
the
Government
more
easie
for
the
Magistrate
,
quiet
for
the
People
,
and
delightful
to
all
;
because
mens
mindes
are
setled
in
expectation
of
future
events
in
Government
,
according
to
the
present
rule
;
and
changes
in
course
of
Government
,
are
looked
at
as
uncoth
motions
of
the
Celestial
Bodies
,
portending
Judgements
or
Dissolution
.
This
was
the
way
of
humane
wisdom
;
but
God
hath
an
eye
on
all
this
beyond
all
reach
of
pre-conceit
of
man
,
which
was
to
make
England
happy
in
the
enjoying
of
a
better
Law
and
Government
than
Rome
,
how
glorious
soever
then
it
was
;
and
to
deliver
that
Island
from
the
common
danger
of
the
World
;
for
had
we
once
come
under
the
Law
of
the
first
Beast
,
as
we
were
under
his
Power
,
we
had
been
in
danger
of
being
born
Slaves
under
the
Law
of
the
second
Beast
,
as
other
Nations
were
,
who
cannot
shake
it
off
to
this
day
.
But
Lucius
lived
not
to
effect
this
work
;
it
was
much
delayed
by
the
evil
of
the
times
,
nothing
was
more
changeable
.
Then
the
Emperours
grew
many
of
them
so
vitious
,
as
they
were
a
burthen
to
Mankind
;
nor
could
they
endure
any
Deputy
or
Lieutenant
that
were
of
better
fame
than
themselves
had
.
Some
of
them
minded
the
affairs
of
the
East
,
others
of
the
North
,
none
of
them
were
ad
omnia
.
And
the
Lieutenants
in
Britain
,
either
too
good
for
their
Emperour
,
and
so
were
soon
removed
;
or
too
bad
for
the
people
of
the
Land
,
and
never
suffered
to
rest
free
from
Tumults
and
Insurrections
:
So
that
neither
Lucius
could
prevail
,
nor
any
of
his
Successors
;
but
passing
through
continual
cross
flouds
of
Persecutions
under
Maximinus
,
Dioclesian
,
and
Maximinianus
,
and
many
Civil
Broiles
,
till
the
times
of
Constantine
,
at
length
the
Haven
was
attained
.
For
Constantine
having
overcome
Maxentius
,
and
gotten
thereby
into
the
highest
Orb
of
Government
in
the
Empire
;
reflected
such
an
amiable
aspect
upon
the
Churches
,
especially
in
Britain
,
as
if
he
had
intended
to
pay
to
them
all
that
God
had
lent
him
.
A
wise
Prince
he
was
questionless
;
yet
towards
the
Church
shewed
more
affection
;
endeavouring
to
reduce
the
Government
in
every
place
unto
the
Roman
Prototype
,
and
therein
added
much
honour
to
that
See
,
especially
to
Pope
Sylvester
,
whose
Scholar
he
had
been
.
This
may
seem
a
sufficient
inducement
to
perswade
,
that
he
was
the
first
Patron
of
English
Prelacy
,
seeing
we
find
it
in
no
approved
testimony
before
that
time
,
nor
was
it
long
after
,
when
as
the
presence
of
the
British
Bishops
are
found
at
the
Synod
by
him
called
at
Arles
,
The
Church
of
Britain
thus
set
together
,
is
wound
up
for
motion
;
they
soon
learned
the
use
of
Synods
from
that
Synod
at
Arles
,
if
they
had
it
not
before
:
and
took
as
much
power
to
themselves
in
their
Synods
as
in
other
Countries
were
used
,
and
somewhat
more
to
boot
.
For
they
had
the
hap
to
continue
in
Britain
in
free
course
,
a
full
century
of
years
,
before
the
Civil
Magistrate
had
any
other
power
,
but
what
was
wrapped
up
under
the
allowance
of
their
Romon
Masters
;
who
like
,
Gallio
,
looked
upon
the
Church-affairs
as
out
of
their
Sphear
,
and
therefore
cared
for
none
of
those
things
;
or
if
the
zeal
of
any
See
far
prevailed
,
it
was
much
in
favour
of
the
Bishops
,
upon
whom
the
Emperours
began
to
dote
as
Oracles
;
and
this
raised
the
price
of
the
Clergy
,
and
taught
them
the
way
to
fish
for
themselves
.
No
wonder
it
is
therefore
if
Synods
in
Britain
,
or
rather
the
Clergy
in
the
Synods
,
(
which
probably
were
then
the
representative
Body
of
the
Nation
)
swayed
all
that
was
free
from
the
Roman-Magistracy
,
and
in
some
things
out-reached
their
Limits
,
especially
during
the
interim
wherein
the
Romans
held
the
Arms
of
civil
Magistracy
bound
,
and
let
the
Clergy
have
their
scope
,
that
soon
began
to
be
ambient
,
and
conceit
a
new
Idaea
of
deportment
,
like
that
of
the
second
Beast
in
its
Infancy
.
Nor
did
the
Britons
espy
their
danger
herein
,
for
they
had
been
used
to
idolize
their
Druides
,
and
it
was
no
more
but
facing
about
to
do
as
much
for
their
Bishops
.
Of
this
power
of
Synods
I
shall
propound
but
three
Presidents
,
and
so
draw
to
a
Conclusion
of
what
I
think
meet
to
note
concerning
the
British
affairs
.
I
supose
it
will
not
be
doubted
but
that
publick
Consultations
concerning
the
publick
Government
of
any
Place
or
Nation
,
ought
not
to
be
called
but
by
the
Supream
Power
;
and
that
such
Consultations
are
to
be
directed
by
that
Supream
Power
.
The
Britons
had
a
King
,
and
yet
without
his
consent
they
call
a
Synod
against
the
Pelagian
Heresie
,
Nation
of
Priests
and
Holy
men
,
rather
than
of
Tyrants
:
whereas
it
was
become
a
glut
of
wickedness
,
and
a
burden
that
God
would
endure
no
longer
:
CHAP
IV.
Of
the
entry
of
the
Saxons
,
and
their
manner
of
Government
.
WAsted
with
time
,
and
wounded
by
eternal
doom
,
the
glory
of
the
Western
Empire
going
down
apace
,
now
draweth
nigh
unto
its
everlasting
night
;
and
that
vast
body
(
not
able
longer
to
subsist
,
but
dying
by
degrees
)
abandons
this
Isle
of
Britain
its
utmost
limit
,
and
last
inlivened
,
to
subsist
alone
miserably
,
or
else
to
die
.
The
choice
was
more
difficult
by
how
much
the
more
England
was
much
wasted
in
the
Roman
Wars
,
the
flower
of
their
strength
spent
in
Forraign
service
,
the
remainder
but
few
,
and
these
exceeding
vicious
;
and
which
was
worst
of
all
,
ingaged
by
the
Romans
in
a
War
with
the
Picts
,
against
whom
the
Romans
themselves
found
it
too
burdensome
for
some
of
them
to
hold
out
,
without
the
help
of
a
Wall
:
and
albeit
that
the
very
name
of
an
old
Servant
of
four
hundred
years
continuance
,
might
have
moved
a
Roman
heart
to
commiserate
,
yet
their
spirits
fail
,
and
forsaken
England
must
now
go
into
the
wilderness
,
and
naked
as
they
are
,
endure
the
brunt
of
the
cold
storms
of
the
Northern
Picts
,
without
any
shelter
but
the
hidden
will
of
God
then
frowning
upon
them
.
In
this
condition
,
they
half
desperate
,
seek
for
a
cure
in
reason
worse
than
the
disease
.
For
it
had
been
better
for
them
to
have
stooped
to
hard
conditions
with
the
Picts
,
considering
they
were
all
but
one
people
,
and
differing
only
by
the
breadth
of
a
wall
,
than
to
call
in
a
new
people
whose
qualities
they
were
ignorant
of
;
and
at
the
best
to
make
them
their
companions
,
who
might
prove
(
as
they
afterwards
did
)
both
Lords
and
Masters
over
them
.
But
there
is
no
reason
against
God's
will
.
The
Britons
needed
present
help
,
Roman
Line
:
and
none
were
at
liberty
,
but
such
as
were
never
subdued
by
the
Romans
;
I
hold
it
both
needless
and
fruitless
to
enter
into
the
Lists
,
concerning
the
original
of
the
Saxons
;
whether
they
were
Natives
from
the
Northern
parts
of
Germany
,
or
the
Reliques
of
the
Macedonian
Army
under
Alexander
.
But
it
seems
their
Government
about
the
time
of
Tiberius
was
in
the
general
so
suitable
to
the
Grecians
,
precatus
Deos
,
caelumque
suspiciens
;
and
this
done
by
the
Priest
of
the
Town
,
if
it
be
in
publick
causes
,
or
otherwise
if
private
,
then
by
the
master
of
the
Family
;
so
as
they
had
Family-worship
as
well
as
publick
.
These
things
I
note
,
that
it
may
appear
how
nigh
these
invited
guests
resemble
the
old
Religion
of
the
Britons
,
and
how
probable
it
is
,
that
this
Island
hath
from
time
to
time
been
no
other
than
as
a
Sewer
to
empty
the
superfluity
of
the
German
Nations
;
CHAP.
V.
Of
Austin's
coming
to
the
Saxons
in
England
.
His
Entertainment
,
and
Work.
DUring
these
troublesome
times
,
came
a
third
party
that
wrought
more
trouble
to
this
Isle
than
either
Pict
or
Saxon
,
for
it
troubled
all
.
This
was
the
Canonical
power
of
the
Roman
Bishop
,
now
called
the
Universal
Bishop
.
For
the
Roman
Emperour
having
removed
the
Imperial
residence
to
Constantinople
,
weakned
the
Western
part
of
the
Empire
;
and
exposed
it
not
only
to
the
forrain
invasions
of
the
Goths
,
Vandals
,
Herules
,
Lombards
,
and
other
flotes
of
people
,
that
about
these
times
,
by
secret
instinct
were
weary
of
their
own
dwellings
;
but
also
to
the
rising
power
of
the
Bishop
of
Rome
,
more
Asiatico
,
which
custom
also
continued
after
Austins
coming
fifty
years
,
Easter
,
Tonsure
,
the
Roman
supremacy
;
Legatine
power
,
and
his
worthy
Queries
to
the
Pope
,
shew
he
regarded
more
the
fashion
than
the
thing
;
and
the
fashion
of
his
person
,
more
than
the
work
he
pretended
;
for
he
loved
state
,
and
to
be
somewhat
like
to
the
Legate
of
an
Universal
Bishop
;
His
advantages
were
,
first
his
entrance
upon
Kent
,
the
furthest
corner
of
all
the
Island
from
the
Britains
and
Picts
,
and
so
less
prejudiced
by
their
Church-policy
;
and
at
that
very
time
interessed
in
the
Roman
air
above
all
the
other
Saxons
:
for
their
King
had
Married
a
Daughter
of
France
,
one
that
was
a
pupil
to
Rome
,
Henry
Spelman
,
as
followeth
:
BE
it
known
(
and
without
doubt
)
unto
you
,
that
we
all
,
and
every
one
of
us
,
are
obedient
and
subject
to
the
Church
of
God
,
and
to
the
Pope
of
Rome
,
and
to
every
godly
Christian
,
to
love
every
one
in
his
degree
,
in
perfect
Charity
,
and
to
help
every
one
of
them
,
by
word
and
deed
to
be
Children
of
God
:
And
other
obedience
than
this
I
do
not
know
to
be
due
to
him
whom
you
name
to
be
Pope
;
nor
by
the
Father
of
Fathers
to
be
claimed
or
demanded
.
And
this
obedience
we
are
ready
to
give
and
pay
to
him
,
and
to
every
Christian
continually
.
Besides
,
we
are
under
the
government
of
the
Bishop
of
Caerleon
upon
Uske
,
who
is
to
oversee
under
God
over
us
,
and
cause
us
to
keep
the
way
spiritual
.
This
was
the
Britons
resolution
,
and
they
were
as
good
as
their
word
;
for
they
maintained
the
liberty
of
their
Church
five
hundred
years
after
this
time
;
and
were
the
last
of
all
the
Churches
of
Europe
that
gave
their
power
to
the
Roman
beast
;
and
Henry
the
Eighth
,
that
came
of
that
blood
by
Teuther
,
the
first
that
took
away
that
power
again
.
Austin
having
met
with
this
affront
,
and
perceiving
that
the
Britons
were
stronger
in
their
Faith
than
he
by
his
Miracles
,
cast
about
to
try
the
Saxons
courtesie
;
that
what
the
Ephod
could
not
,
the
Sword
wrapt
up
therein
should
.
I
say
not
that
he
procured
,
but
he
threatned
or
prophesied
the
destruction
of
the
Monks
of
Bangor
;
CHAP.
VI.
Of
the
Imbodying
of
Prelacy
into
the
Government
of
this
Kingdom
.
I
Cannot
think
that
the
platform
of
the
mystery
of
iniquity
(
when
boiled
to
the
height
)
was
ever
fore-seen
,
or
in
the
aim
of
the
wicked
spirits
on
Earth
,
or
those
in
Hell.
Yet
were
they
all
instruments
of
this
monstrous
birth
,
filled
with
subtilty
and
mischief
,
guided
principally
by
occasion
,
and
over-ruled
by
the
Justice
and
Wisdom
of
God
,
to
make
a
yoke
for
Monarchs
,
and
a
scourge
to
the
world
for
their
refusal
of
the
government
of
Christ
,
until
this
Monster
came
to
perfection
;
and
wherein
themselves
were
feloes
de
se
,
and
wrought
their
own
mischief
.
For
Austin
coming
in
as
a
third
Proprietor
with
King
and
People
,
and
having
gathered
the
materials
of
a
Church
,
reason
told
them
that
a
form
of
government
must
be
setled
in
that
Church
.
The
Saxons
had
no
principles
of
their
own
(
for
they
had
no
learning
)
and
to
go
to
the
Britons
for
a
pattern
might
be
ignoble
;
and
where
the
choice
is
small
,
Magnae
spes
altera
Romae
,
and
the
very
top-flowers
of
wisdom
and
learning
.
And
unto
this
temper
the
Saxons
were
sufficiently
prepared
and
inclinable
;
for
it
was
no
new
thing
for
them
to
admit
their
Heathenish
Priests
into
their
general
meetings
,
and
allow
them
much
power
therein
;
and
then
it
is
but
the
person
changed
,
and
they
must
do
as
much
for
their
Bishops
,
now
they
are
become
Christian
;
especially
themselves
being
all
for
the
field
,
and
overgrown
with
a
general
ignorance
,
the
common
disease
of
those
times
.
Kings
were
in
no
better
condition
:
it
was
hard
for
them
to
be
Baptized
,
and
not
to
be
Baptized
into
Rome
,
and
commonly
under
such
a
Covenant
as
though
many
might
repent
of
,
yet
none
durst
amend
:
For
whenas
the
Pope
is
Lord
of
the
Consciences
of
the
people
,
the
Kings
power
may
sometimes
out-face
,
but
can
never
govern
:
the
Saxon
Kings
were
therefore
fain
to
make
a
vertue
of
necessity
,
and
advance
Bishops
to
be
common
favorites
both
of
Rome
and
themselves
,
to
maintain
good
correspondency
between
both
Swords
;
and
to
countenance
the
power
of
the
temporal
Magistrate
in
cases
of
dispute
,
else
he
oftentimes
might
command
,
and
yet
go
without
.
Thus
entred
the
Prelates
upon
affairs
of
Kings
and
Kingdoms
,
and
became
lovers
of
Lordships
,
and
troublers
of
States
;
and
if
in
any
thing
they
served
their
Country
,
they
served
Rome
much
more
;
their
merchandise
was
made
of
the
policies
and
Counsels
of
all
Kingdoms
and
States
,
and
such
returns
proceeded
as
were
still
subservient
to
the
Roman
interest
;
and
they
intoxicated
the
domestick
counsels
in
such
manner
,
as
they
generally
staggered
,
and
many
times
came
short
of
home
.
Nevertheless
,
at
the
first
this
was
but
rare
,
clancular
,
and
covered
with
much
modesty
;
for
(
excepting
such
choice
spirits
as
Austin
had
)
Roman
Prelacy
in
these
younger
times
was
but
Velvet-headed
,
and
endured
not
much
greatness
or
big
titles
,
but
spake
like
a
Lamb
;
Ego
non
verbis
quaero
prosperari
,
sed
moribus
,
said
this
Gregory
to
the
Alexandrian
Bishop
,
who
had
put
upon
him
the
title
of
Universal
Bishop
or
Pope
:
and
whereas
he
had
in
a
way
of
Courtship
called
Gregories
Counsels
commands
,
CHAP.
VII
.
Of
Metropolitans
in
the
Saxons
time
.
BEing
in
pursuit
of
the
Government
of
this
Kingdom
in
elder
times
,
and
therein
first
of
the
persons
with
their
relation
,
then
of
their
work
,
and
lastly
of
their
Courts
and
Laws
,
and
now
in
hand
with
the
Ecclesiastical
persons
,
I
shall
descend
to
their
particular
ranks
or
degrees
,
and
shall
shew
what
they
were
in
their
original
,
and
what
overplus
they
had
by
Laws
.
And
first
concerning
the
Metropolitan
.
In
his
original
,
his
Office
was
to
visit
the
Bishops
,
admonish
and
exhort
them
▪
and
in
full
Synod
to
correct
such
disorders
as
the
Bishop
could
not
reform
,
and
in
all
things
to
proceed
according
to
the
prescript
Canon
.
Thus
witnesseth
Boniface
,
sinful
man
aspiring
into
the
place
of
God
,
taught
by
that
Courtly
messenger
of
Rome
)
because
they
would
not
stoop
to
that
mystery
of
godliness
,
God
manifested
in
the
flesh
,
as
it
was
taught
in
simplicity
by
the
rural
Picts
and
Britons
.
But
this
was
not
all
,
for
because
Archbishops
were
gotten
above
Canon
,
which
was
thought
scandalous
;
therefore
they
gave
as
large
a
power
by
Canon
as
the
former
usurpation
amounted
unto
,
and
so
stretched
the
Canon
to
the
mind
of
the
man
,
whenas
they
should
have
rather
reduced
the
man
to
the
Canon
.
The
words
of
the
Canon
in
our
English
tongue
,
run
thus
:
It
belongs
to
the
Metropolian
Bishop
to
rule
Gods
Churches
;
to
govern
,
chuse
,
appoint
,
confirm
,
and
remove
Abbots
,
Abbotesses
,
Presbyters
,
and
Deacons
;
and
herewith
the
King
hath
nothing
to
do
.
And
thus
,
though
the
apparent
power
of
Archbishops
was
great
and
unlimited
,
England
)
Theodore
Archbishop
of
Canterbury
used
such
power
over
other
Bishops
in
ordaining
or
removing
them
,
as
a
Writer
saith
,
that
his
rule
was
no
other
than
perturbatio
and
impetus
animi
.
But
the
Metropolitan
in
England
as
the
times
then
were
,
CHAP.
VIII
.
Of
the
Saxon
Bishops
.
HAd
not
Bishops
been
somewhat
sutable
,
the
Roman
Clergy
had
not
been
like
it self
;
and
it
had
been
contrary
to
Austin's
principles
to
have
advanced
to
Bishopricks
men
better
qualified
than
himself
.
They
first
ruled
the
Saxon
Church
joyntly
in
the
nature
of
a
Presbytery
,
till
about
Sixty
years
after
Austin's
time
,
their
pride
would
not
endure
together
any
longer
,
and
it
may
be
grew
somewhat
untractable
under
the
Metropolitan
,
that
resolved
to
be
prouder
than
all
;
and
thereupon
Theodore
Archbishop
of
Canterbury
first
divided
his
Province
into
Five
Diocesses
,
and
by
appointment
of
the
Kings
and
People
placed
Bishops
over
each
,
sine
juramento
sit
irrefragabile
.
after
the
old
rustical
fashion
(
for
such
are
the
words
of
the
Canon
)
for
disgrace
done
to
their
Dignity
they
must
be
suspended
:
So
as
by
their
own
confession
,
Bishops
henceforth
are
Bishops
of
a
new
fashion
,
that
must
incur
a
note
of
infamy
for
shewing
any
gesture
of
humility
to
Princes
;
which
if
any
man
will
see
more
fully
,
let
him
peruse
the
Canon
if
he
please
.
But
this
is
not
sublime
enough
;
they
must
be
not
only
equal
,
but
in
many
respects
superiour
to
Princes
:
for
in
matters
that
concern
God
,
Omnibus
dignitatibus
praesunt
;
and
more
plainly
,
Princes
must
obey
them
Ex
corde
cum
magna
humilitate
;
interesse
secularibus
;
yet
afterwards
it
became
a
part
of
their
Office
to
assist
Judges
in
secular
causes
,
CHAP
IX
.
Of
the
Saxon
Presbyters
.
THese
follow
their
Lords
the
Bishops
as
fast
as
they
can
hunt
;
for
being
of
the
same
Order
(
as
the
less
proud
times
acknowledged
)
they
would
not
be
under
foot
,
CHAP.
X.
Of
other
inferiour
Church-Officers
amongst
the
Saxons
.
THey
had
other
inferiour
degrees
of
the
Clergy
,
which
because
they
are
meerly
subservient
,
and
not
considerable
in
Church-government
,
I
shall
only
touch
upon
them
.
These
are
the
several
ranks
of
Church-officers
,
being
Seven
in
number
,
(
for
Bishops
and
Presbyters
make
but
one
)
and
might
be
(
as
thus
ordered
)
the
Seven
heads
of
the
Beast
whereon
the
woman
sitteth
;
CHAP.
XI
.
Of
Church-mens
maintenance
amongst
the
Saxons
.
I
Take
no
notice
in
this
account
of
the
Abbots
and
Priors
,
and
other
such
Religious
men
,
as
they
were
then
called
;
nor
can
I
pass
them
amongst
the
number
of
Church-governours
or
Officers
,
being
no
other
than
as
a
sixth
finger
,
or
an
excrescence
that
the
body
might
well
spare
,
and
yet
they
sucked
up
much
of
the
blood
and
spirits
thereof
.
But
as
touching
the
maintenance
of
those
formerly
mentioned
,
who
had
a
constant
influence
in
the
Government
of
the
affairs
of
the
publick
worship
of
God
,
and
regard
of
salvation
of
the
Souls
of
the
people
;
I
say
their
maintenance
was
diversly
raised
,
and
as
diversly
imployed
.
First
,
through
the
bounty
of
Kings
and
great
men
,
Lands
and
Mannors
were
bestowed
upon
the
Metropolitan
and
Bishops
,
in
free
Alms
;
and
from
these
arose
the
maintenance
that
ascended
up
in
abundance
to
the
higher
Region
of
the
Clergy
,
but
came
again
in
thin
dews
scarce
enough
to
keep
the
Husbandmans
hope
from
despair
;
otherwise
had
not
the
Prelates
so
soon
mounted
up
into
the
chair
of
Pomp
and
State
,
as
they
did
.
I
say
,
these
are
given
in
free
Alms
,
or
more
plainly
,
as
Alms
free
from
all
service
;
and
this
was
doubtless
soon
thought
upon
,
for
it
was
formerly
in
president
with
their
Heathenish-Priests
and
Druids
,
as
Caesar
noteth
,
that
they
had
omnium
rerum
immunitatem
:
yet
with
the
exception
of
works
of
publick
charity
and
safety
,
such
as
are
maintaining
of
High-ways
,
repairing
of
Bridges
,
and
fortifying
of
Castles
,
&c.
and
hereof
the
presidents
are
numerous
.
The
work
whereto
this
wages
was
appointed
,
was
the
worship
of
God
,
and
increase
of
Religion
;
and
thus
not
only
many
of
the
Kings
Subjects
were
exempted
from
publick
service
,
but
much
of
the
Revenue
of
the
Kingdom
formerly
imployed
for
the
publick
safety
,
became
acquitted
from
the
service
of
the
Field
,
to
the
service
of
the
Bead
;
the
strength
of
the
Kingdom
much
impaired
,
and
the
Subjects
much
grieved
;
who
in
those
early
times
saw
the
inconveniences
,
and
complained
thereof
to
their
Kings
,
but
could
not
prevail
.
This
was
the
vintage
of
Kings
and
great
men
,
Church
free
;
which
was
always
payable
upon
St.
Martins
day
unto
the
Bishop
out
of
that
house
where
the
party
did
inhabit
upon
the
day
or
Feast
of
the
Nativity
.
After
the
first-fruits
cometh
to
consideration
the
Revenue
of
Tythes
,
the
which
I
find
no
publick
Act
of
State
to
warrant
,
Matth.
Westm.
understands
that
he
gave
the
Tenth
part
of
his
Kingdom
,
decimam
partem
terrae
meae
.
In
my
opinion
,
all
this
being
by
Tradition
,
little
can
be
grounded
thereupon
.
The
form
of
the
Donation
it self
is
uncertain
and
various
,
the
inference
or
relation
more
uncertain
and
unadvised
;
for
if
the
King
had
granted
that
which
was
not
his
own
,
it
could
neither
be
accounted
pious
or
rational
.
Nor
do
we
find
in
the
Donation
that
the
King
in
precise
words
gave
the
Land
,
or
the
Tenth
part
of
the
Land
of
his
Kingdom
,
but
the
Tenth
of
his
Land
in
the
Kingdom
:
And
the
exemplification
published
by
Matth.
Westm.
countenanceth
the
same
,
albeit
the
Historian
observed
it
not
.
But
suppose
that
the
Kingdom
joyned
with
the
King
in
the
concession
,
and
that
it
was
the
course
to
pass
it
onely
in
the
Kings
name
,
yet
could
not
the
Tenth
Hide
,
Tenth
Mansion
,
or
Tenth
part
of
the
Kingdom
be
granted
,
without
confusion
in
the
possessions
of
the
people
.
For
either
some
particular
persons
must
part
with
all
their
possessions
,
or
else
out
of
every
mans
possession
must
have
issued
a
proportionable
supply
;
or
lastly
a
Tenth
part
of
every
mans
possession
,
or
House
and
Land
,
must
be
set
forth
from
the
rest
;
or
some
must
lose
all
and
become
beggars
,
to
save
others
:
all
which
are
to
me
equally
improbable
.
Nevertheless
I
do
not
take
the
thing
to
be
wholly
fabulous
,
but
may
rather
suppose
that
either
a
Tenth
was
given
out
of
the
Kings
own
Demesnes
,
which
is
most
probable
;
or
else
the
Tenth
of
the
profits
of
the
Lands
throughout
the
Kingdom
;
and
that
it
was
by
publick
Act
of
State
,
and
that
clause
forgotten
by
Historians
.
And
thus
might
a
good
president
be
led
to
Alfred
,
Athelstan
,
Another
Tribute
was
that
of
Luminaries
,
which
by
Alfred
and
Gunthrum
was
first
setled
by
Law
,
viz.
Hollantide
,
Candlemas
,
and
Easter
,
Another
Income
arose
from
the
Plough
,
and
under
the
name
of
Plough-Alms
:
At
the
first
it
was
granted
by
Edward
the
Elder
generally
,
Next
comes
a
Fee
at
the
death
of
the
party
,
which
was
commonly
called
Soul
shot
,
The
incumbent
also
of
every
Church
had
Glebe
laid
to
the
Church
;
besides
oblations
,
and
other
casual
profits
,
Lastly
,
the
zeal
of
the
charity
of
England
was
not
so
cold
as
to
contain
it self
within
it's
own
bounds
:
Kings
Alms.
Secondly
,
that
it
was
an
Alms
onely
from
the
King
,
and
out
of
his
own
Demesnes
,
may
seem
not
improbable
,
because
it
was
ex
regali
munificentia
,
which
could
never
be
affirmed
if
the
gift
had
been
out
of
the
Estates
of
others
.
Secondly
,
it
was
granted
onely
out
of
such
houses
as
yielded
Thirty
pence
Rent
,
called
vivae
pecuniae
,
because
in
those
times
Rent
was
paid
in
Victual
;
so
as
it
may
seem
that
onely
Farms
were
charged
herewith
:
and
not
all
mens
Farms
neither
;
for
the
general
income
will
never
answer
that
proportion
.
The
particular
hereof
I
shall
in
brief
set
forth
.
It
appeareth
in
the
former
Quotation
,
that
Offa
charged
this
Leavy
upon
the
Inhabitants
dwelling
in
Nine
several
Diocesses
,
viz.
Hereford
,
which
contained
the
City
and
County
adjacent
.
2.
Worcester
,
containing
the
Cities
and
Shires
of
it
and
Gloucester
.
3.
Litchfield
,
containing
Warwickshire
,
Cheshire
,
Staffordshire
,
Shropshire
,
and
Derbyshire
.
4.
Leicester
,
with
the
County
adjacent
.
5.
Lincoln
,
with
the
County
adjacent
.
6.
Dorchester
,
whereto
belonged
Northamptonshire
,
Buckinghamshire
,
Bedfordshire
,
Huntingtonshire
,
Cambridgeshire
,
and
half
Hertfordshire
.
7.
London
,
with
Essex
,
Middlesex
,
and
the
other
half
of
Hertfordshire
.
8.
Helmham
,
with
Norfolk
.
9.
Domuck
or
Dunwich
,
with
Suffolk
.
In
which
nine
Diocesses
were
two
and
Twenty
Shires
.
And
he
further
granted
it
out
of
Spatinghenshire
,
(
now
Nottingham
)
whose
Church
belonged
to
York
.
But
in
Ethelwolfs
time
the
Grant
was
enlarged
,
and
extended
into
Fifteen
Diocesses
;
which
,
together
with
their
several
charge
out
of
the
English
Martyrology
,
I
shall
particularize
,
|
|
l.
|
s.
|
d.
|
|
Cantuar.
Dioces
.
|
07
|
18
|
0
|
|
London
|
16
|
10
|
0
|
|
Roffen
|
05
|
12
|
0
|
|
Norwic
|
21
|
10
|
0
|
|
Elienum
|
05
|
00
|
0
|
|
Lincoln
|
42
|
00
|
0
|
|
Cistrens
|
08
|
00
|
0
|
|
Winton
|
17
|
06
|
8
|
|
Exon
|
09
|
05
|
0
|
|
Wigorn
|
10
|
05
|
0
|
|
Hereford
|
06
|
00
|
0
|
|
Bathon
|
12
|
05
|
0
|
|
Latisburgh
|
17
|
00
|
0
|
|
Coventry
|
10
|
05
|
0
|
|
Ebor
|
11
|
10
|
0
|
|
|
200
|
06
|
8
|
The
whole
Sum
whereof
not
exceeding
Two
hundred
pounds
Six
shillings
and
Eight
pence
,
will
not
amount
to
Seven
hundred
pounds
of
now-currant
Money
,
if
the
weight
of
a
Penny
was
not
less
in
those
times
than
in
the
Reign
of
Edward
the
First
,
when
it
was
the
Twentieth
part
of
an
Ounce
,
and
that
the
Twelfth
part
of
a
Pound
,
as
by
the
Statute
thereof
made
may
appear
.
Nor
can
the
difference
be
much
(
if
any
)
in
regard
of
the
vicinity
of
the
time
of
this
extract
to
that
of
the
Statute
:
for
though
no
particular
date
thereof
appear
,
yet
it
seemeth
to
be
done
after
the
Translation
of
the
See
from
Thetford
to
Norwich
,
which
was
done
in
William
Rufus
his
time
;
and
after
the
erecting
of
the
Bishoprick
of
Ely
,
CHAP.
XII
.
Of
the
several
Precincts
of
Jurisdictions
of
Church-Governours
amongst
the
Saxons
.
THe
Church-Officers
thus
called
to
the
Drum
and
paid
,
are
sent
to
their
several
charges
over
Provinces
,
Diocesses
,
Deaneries
,
and
Parishes
,
as
they
could
be
setled
by
time
and
occasion
.
Before
the
Saxons
arrival
,
Diocesses
have
also
been
subdivided
into
inferiour
Precincts
,
called
Deanaries
or
Decanaries
,
the
chief
of
which
was
wont
to
be
a
Presbyter
of
the
highest
note
,
called
Decanus
,
or
Arch-Presbyter
.
The
name
was
taken
from
that
Precinct
of
the
Lay-power
,
called
Decennaries
,
having
Ten
Presbyters
under
his
visit
,
even
as
the
Decenners
under
their
chief
.
CHAP.
XIII
.
Of
the
manner
of
the
Prelates
Government
of
the
Saxon-Church
.
HAving
discoursed
of
the
Persons
and
Precincts
,
it
now
befals
to
touch
upon
the
manner
of
the
Government
of
the
Church
by
the
Saxon-Prelates
;
which
was
not
wrapped
up
in
the
narrow
closet
of
private
opinion
,
but
stated
and
regulated
by
publick
Council
,
as
well
in
the
making
as
executing
of
Laws
already
made
.
The
executing
of
Laws
was
for
the
most
part
left
to
the
Diocesan
Synods
;
yet
when
the
cases
concerned
great
men
,
the
more
general
Councils
had
the
cognizance
,
and
therein
proceeded
strictly
,
sparing
no
persons
of
what
degree
soever
.
The
particular
Diocesan
Synods
were
,
as
I
said
,
called
by
the
Bishops
within
their
several
Diocesses
.
The
work
therein
was
to
preach
the
Word
as
a
preparative
;
CHAP.
XIV
.
Of
Causes
Ecclesiastical
.
AS
the
power
of
Synods
grew
by
degrees
,
so
did
also
their
work
;
both
which
did
mutually
breed
and
feed
each
other
.
Blasphemy
was
questionless
under
Church-censure
,
But
Apostacy
was
an
early
sin
,
and
soon
provided
against
;
The
times
anciently
were
not
so
zealous
for
due
observance
of
Divine
Worship
,
Sorcery
and
Witchcraft
they
had
in
abomination
:
yet
it
was
a
sin
always
in
a
mist
,
and
hard
to
be
discerned
but
by
the
quick-sighted
Clergy
;
and
therefore
it
was
left
to
their
censure
,
as
a
sin
against
the
Worship
of
God.
Concerning
Perjury
,
Sacriledge
comes
in
the
next
place
,
That
all
wrong
done
to
the
Church
,
must
be
judged
by
the
Church
.
The
first
time
that
I
can
observe
they
challenged
this
power
,
But
nothing
was
more
their
own
than
Simony
;
And
yet
the
Theam
of
Marriage
was
the
best
Dish
in
all
their
Entertainment
:
They
had
the
whole
common
place
thereof
,
Justin
Martyr
,
concerning
a
Divorce
sued
out
by
a
godly
Matron
long
before
the
Prelacie
got
into
the
Saddle
,
or
the
Clergie
had
the
power
of
Judicature
.
And
whereas
Lucius
taxed
Vrbicius
the
Magistrate
for
punishing
Ptolomy
who
was
guilty
of
no
Crime
worthy
of
his
cognizance
in
that
kind
,
amongst
other
Crimes
(
enumerated
by
him
,
whereof
Ptolomy
was
not
guilty
)
he
nameth
the
Crimes
against
the
Seventh
Commandment
;
intimating
thereby
a
power
in
the
Judge
to
have
cognizance
of
those
Crimes
as
well
as
others
.
But
the
Prelacie
beginning
to
mount
,
nibled
at
it
in
the
second
Centurie
,
but
more
cleerly
in
the
fourth
,
when
the
persecutions
were
allayed
,
and
men
of
Learning
began
to
feel
their
Honour
;
and
never
left
pursuit
till
they
had
swallowed
the
Bait
,
and
exercised
not
onely
a
Judiciary
power
in
determining
all
Doubts
and
Controversies
concerning
the
same
,
but
challenged
an
Efficienciary
power
in
the
Marriage-making
.
This
Garland
Austin
brought
over
with
him
,
and
crowned
the
Saxon
Clergie
therewith
,
as
may
appear
by
his
Queries
to
Pope
Gregory
:
Saxons
,
Britons
,
and
Picts
,
do
manifest
:
For
it
's
said
of
that
Work
,
that
it
was
effected
per
commune
concilium
&
assensum
omnium
Episcoporum
,
procerum
,
comitum
,
&
omnium
sapientum
,
seniorum
,
&
populorum
totius
regni
,
&
per
praeceptum
Regis
Inae
;
The
Clergie
having
gained
the
Principal
,
with
more
ease
obtained
the
Appurthenances
;
Bastardy
,
Adultery
,
Fornication
,
and
Incest
There
was
some
doubt
concerning
Bastardy
,
because
it
trenched
far
into
the
Title
of
Inheritance
;
and
so
they
attained
that
sub
modo
,
as
afterward
will
appear
.
The
Laws
of
Alfred
and
Edward
the
elder
,
allowed
them
the
cognizance
of
Incest
;
But
how
the
cognizance
of
Tythes
crept
under
their
wing
,
voluntary
Gift
(
so
far
as
touched
the
quota
pars
)
CHAP.
XV.
A
brief
Censure
of
the
Saxon
Prelatical
Church-Government
.
THis
that
I
have
said
,
might
at
the
first
view
seem
to
represent
a
curious
Structure
of
Church-policie
,
which
might
have
put
a
period
to
time
it self
;
but
(
to
speak
sine
ira
&
studio
)
the
height
was
too
great
,
considering
the
foundation
,
and
therefore
ever
weak
,
and
in
need
of
props
.
The
foundation
was
neither
on
the
Rock
,
nor
on
good
ground
,
but
by
a
Ginn
screwed
to
the
Roman
Consistory
,
or
like
a
Castle
in
the
Air
,
hanging
upon
a
pin
of
Favour
of
Kings
and
great
men
.
At
the
first
they
thought
best
to
temporize
,
and
to
hold
both
these
their
strings
to
their
Bow
;
but
feeling
themselves
somewhat
under-propped
by
the
Consciences
of
the
ignorant
people
,
they
soon
grew
wondrous
brave
,
even
to
the
jealousie
of
Princes
;
which
also
was
known
so
notoriously
,
that
the
publick
Synods
rang
,
That
the
Prelates
loved
not
Princes
,
but
emulated
them
,
and
envied
their
greatness
,
and
pursued
them
with
detraction
.
Because
they
would
be
very
useful
to
some
of
his
Bishops
that
understood
not
the
Latine
Tongue
.
That
those
which
were
de
gradu
spirituali
,
were
come
to
that
condition
,
that
few
of
them
on
this
side
Humber
could
understand
their
Common
prayers
,
or
translate
them
into
Saxon
;
and
so
few
,
as
I
do
not
(
saith
he
)
remember
one
on
this
side
the
Thames
when
I
began
to
reign
.
And
the
Synod
that
should
have
salved
all
,
covers
the
Sore
with
this
Canonical
Plaister
,
that
those
of
the
Clergie
that
could
not
say
Domine
miserere
in
Latine
,
Lord
have
mercy
upon
us
in
English.
It
was
therefore
a
vain
thing
for
the
Clergie
to
rest
upon
their
Works
,
or
Title
of
Divine
Right
;
their
great
Pomp
,
sacred
Places
,
and
savour
of
Kings
,
commended
them
to
the
Administration
,
or
rather
Adoration
of
ignorant
people
;
and
the
favour
of
the
Roman
Chair
,
unto
the
regard
of
Kings
:
who
maintained
their
interest
with
the
Conclave
on
the
one
side
,
and
with
the
People
on
the
other
side
,
by
their
means
;
and
so
they
mutually
served
one
another
.
It
cannot
be
denied
but
the
Pope
and
Kings
were
good
Cards
in
those
days
;
yet
had
the
Prelacie
maturely
considered
the
nature
of
the
Saxon
Government
,
so
much
depending
upon
the
people
,
they
might
have
laid
a
more
sure
foundation
,
and
attained
their
ends
with
much
more
ease
and
honour
.
I
commend
not
the
base
way
of
Popularity
by
principles
of
Flattery
,
but
that
honourable
service
of
Truth
and
Vertue
which
sets
up
a
Throne
in
the
minds
of
the
Vulgar
,
few
of
whom
but
have
some
sparks
of
Nature
left
unquenched
:
for
though
Respect
may
chance
to
meet
with
Greatness
,
yet
Reverence
is
the
proper
Debt
to
Goodness
;
without
which
we
look
at
great
men
as
Comets
,
whose
influence
works
mischief
,
and
whose
light
serves
rather
to
be
gazed
upon
,
than
for
direction
.
The
foundation
thus
happily
laid
,
the
progress
of
the
building
was
no
less
irregular
in
regard
of
their
ends
that
they
aimed
at
:
For
first
,
they
admitted
the
Laity
into
their
Synods
;
who
were
not
so
dull
but
could
espie
their
ambition
,
nor
so
base
spirited
as
to
live
in
slavery
after
conviction
.
This
Errour
was
espied
I
confess
,
but
it
was
too
late
;
and
though
they
reformed
it
,
yet
it
was
after
Four
hundred
years
labour
.
And
in
the
mean
time
,
by
the
contentions
of
the
Clergie
amongst
themselves
,
Kings
had
first
learned
so
much
of
their
Supremacy
,
and
the
Laity
so
much
of
their
Liberty
,
as
they
began
to
plead
with
the
Clergie
,
and
had
brought
the
matter
to
issue
,
before
the
Synod
could
rid
themselves
of
these
Lay-Spectators
,
or
rather
Overseers
of
their
ways
and
actions
.
A
second
Errour
was
the
yoking
of
the
Bishops
power
under
that
of
the
Synods
:
for
they
had
little
or
no
power
by
the
Canon
that
was
not
under
their
controul
,
e
latere
soon
reduced
him
into
rank
,
and
kept
all
in
awe
with
a
Sub
poena
,
of
unknown
danger
.
A
third
error
,
was
the
allowing
of
peculiars
and
exemptions
of
Religious
Houses
from
ordinary
jurisdiction
;
and
this
was
an
error
in
the
first
concoction
,
a
block
in
the
way
of
Prelacy
,
and
a
clog
to
keep
it
down
.
This
error
was
soon
felt
,
and
was
occasion
of
much
mutiny
in
the
body
Ecclesiastical
;
but
exceeding
profitable
for
Rome
,
not
only
in
point
of
Revenue
by
the
multitude
of
Appeals
,
but
especially
in
maintaining
a
party
for
the
Roman
See
,
in
case
the
Prelacy
of
England
should
stumble
at
the
Supremacy
of
Rome
.
Otherwise
it
seemed
like
a
Wen
upon
the
body
,
rather
than
any
Homogene
Member
;
and
without
which
certainly
the
English
Prelacy
had
thriven
much
better
,
and
the
Roman
Chair
much
worse
.
In
all
which
regards
,
I
must
conclude
,
that
the
Prelatical
Government
in
England
was
as
yet
like
a
young
Bear
not
fully
licked
,
but
left
to
be
made
compleat
by
time
and
observation
.
CHAP.
XVI
.
Of
the
Saxons
Common-wealth
,
and
the
Government
thereof
;
and
first
of
the
King.
HAving
already
treated
of
the
Saxon
Church
,
in
order
I
am
now
come
to
the
Republick
,
which
in
all
probability
will
be
expected
to
be
suitable
to
their
original
in
Germany
;
whereunto
having
relation
,
I
shall
first
fall
upon
the
persons
and
degrees
abstractively
,
then
in
their
Assemblies
,
and
lastly
of
their
Laws
and
customs
.
The
Saxons
in
their
first
state
in
Germany
were
distributed
into
four
Classes
,
viz.
the
Nobles
,
the
Free-men
,
the
Manumitted
persons
,
and
the
Bond-men
.
Under
the
Nobility
,
and
from
them
,
arose
one
that
was
called
a
King
,
of
whom
I
shall
speak
apart
:
the
two
last
differed
only
in
the
bare
liberty
of
their
persons
,
and
therefore
may
be
comprehended
under
one
head
,
as
they
were
in
their
original
.
A
King
amongst
the
Saxons
in
probability
was
anciently
a
Commander
in
the
field
,
an
Officer
pro
tempore
,
and
no
necessary
Member
in
the
constitution
of
their
State
:
for
in
time
of
peace
,
when
the
Common-wealth
was
it self
,
the
executive
power
of
the
Law
rested
much
in
the
Nobility
;
but
in
times
of
War
,
and
in
publick
distractions
,
they
chose
a
General
,
and
all
sware
Obedience
unto
him
during
the
War
;
it
being
finished
,
the
General
laid
down
his
Command
,
aequo
jure
propria
contentus
potestate
.
But
in
their
transmigration
into
Britain
,
the
continuance
of
the
War
causing
the
continual
use
of
the
General
,
made
that
Place
or
Office
to
settle
and
swell
into
the
condition
of
a
King
;
and
so
he
that
was
formerly
Dux
became
Rex
;
there
being
no
more
difference
in
the
nature
of
their
places
,
than
in
the
sense
of
the
words
;
the
one
signifying
to
Lead
,
the
other
to
Govern
;
so
as
he
that
formerly
was
a
servant
for
the
occasion
,
afterwards
became
a
servant
for
life
;
yet
cloathed
with
Majestly
,
like
some
bitter
Pill
covered
with
Gold
,
to
make
the
service
better
tasted
.
Nor
was
the
place
more
desirable
,
if
duly
considered
.
For
first
,
his
Title
rested
upon
the
good
opinion
of
the
Free-men
;
and
it
seemeth
to
be
one
of
the
best
Gems
of
the
Crown
,
for
that
he
was
thereby
declared
to
be
most
worthy
of
the
love
and
service
of
the
people
.
Yet
was
the
ground
of
their
Election
so
uncertain
,
as
a
man
might
imagine
that
sometimes
there
appeared
more
of
the
will
than
of
the
judgment
in
it
;
that
it
might
be
said
to
be
the
more
free
,
for
they
neither
excluded
women
nor
children
further
than
present
occasions
led
them
.
The
West-Saxons
deposed
Seburg
their
Queen
,
because
they
would
not
fight
under
a
woman
;
but
the
Mercians
obeyed
Elfled
their
Queen
,
Edmond
,
Edwin
or
Edgar
were
to
have
succeeded
in
the
Crown
by
the
right
of
descent
,
yet
the
States
would
not
admit
them
,
because
they
were
Minors
;
but
the
Mercians
admitted
Kenelme
a
child
of
Seven
years
old
to
be
their
King.
They
likewise
excluded
not
Bastards
till
the
Clergy
interposed
;
for
they
having
wound
themselves
into
the
Councils
of
the
Kingdom
,
procured
a
Constitution
to
back
them
in
the
Election
of
Kings
Legitimate
,
&c.
Let
the
Kings
be
legally
chosen
by
Priests
and
Elders
,
and
not
such
as
are
begotten
by
Adultery
or
Incest
:
which
Constitution
was
made
in
a
Legatine
Council
,
and
confirmed
by
great
Offa.
Germany
,
viz.
Secondly
,
this
Election
was
qualified
under
a
stipulation
or
covenant
,
wherein
both
Prince
and
people
were
mutually
bound
each
to
other
;
the
people
to
defend
their
King
,
Saxon
King
,
Seeing
I
according
to
your
Law
allow
you
what
is
yours
,
do
you
so
with
me
;
as
if
the
Law
were
the
sole
umpire
between
King
and
people
,
and
unto
which
not
only
the
people
,
but
also
the
King
must
submit
.
The
like
whereunto
,
Ina
the
great
Saxon
King
also
,
No
great
man
,
saith
he
,
nor
any
other
in
the
whole
Kingdom
may
abolish
the
written
Laws
.
Kings
furthermore
bound
themselves
(
at
their
entrance
into
the
Throne
)
hereunto
by
an
Oath
;
as
it
's
noted
of
Canutus
,
unto
whom
,
after
according
to
the
Laws
of
God
,
and
of
the
Nation
,
he
would
be
a
faithful
Lord
to
them
.
It
's
probable
,
I
grant
,
that
the
praecipuum
Sacramentum
formerly
mentioned
,
was
in
the
first
nature
more
personal
for
the
defence
of
the
person
of
their
Leader
,
whilst
he
was
their
Captain
:
because
it
much
concerned
the
good
of
the
Army
,
and
without
whom
all
must
scatter
,
and
be
brought
to
ruine
;
and
this
the
words
of
the
Historian
do
evidence
.
But
the
safety
of
the
whole
people
depended
not
on
him
after
the
War
was
done
,
and
therefore
the
Oath
tied
them
not
any
further
:
nor
did
the
safety
of
the
people
afterwards
,
when
as
the
Saxons
entred
this
Land
,
so
absolutely
rest
upon
the
person
of
the
King
,
especially
if
he
proved
unfit
to
manage
the
work
:
and
therefore
the
fealty
that
the
people
sware
to
their
King
,
was
not
so
absolutely
determined
upon
their
persons
,
otherwise
than
in
order
to
the
publick
weal
,
as
may
appear
from
the
Laws
of
the
Confessor
,
who
was
within
Thirty
years
after
the
Reign
of
Aethelstan
formerly
mentioned
.
The
words
in
English
run
thus
:
All
the
people
in
their
Folkmote
shall
confederate
themselves
as
sworn
Brethren
,
to
defend
the
Kingdom
against
strangers
and
enemies
,
together
with
their
Lord
the
King
,
and
to
preserve
his
Lands
and
Honours
together
with
him
with
all
faithfulness
,
and
that
within
and
without
the
Kingdom
of
Britain
they
will
be
faithful
to
him
as
to
their
Lord
and
King.
So
as
't
is
evident
,
the
Saxons
fealty
to
their
King
,
was
subservient
to
the
publick
safety
;
and
the
publick
safety
is
necessarily
dependant
upon
the
liberty
of
the
Laws
.
Nor
was
it
to
be
expected
that
the
Saxons
would
endure
a
King
above
this
pitch
.
For
those
parts
of
Germany
(
whence
they
came
)
that
had
the
Regiment
of
Kings
(
which
these
had
not
)
yet
used
they
their
Kings
in
no
other
manner
than
as
Servants
of
State
,
viz.
That
if
the
King
defend
not
his
people
,
and
especially
Church-men
from
injury
,
nec
nomen
Regis
in
eo
constabit
,
verum
nomen
Regis
perdit
.
Thirdly
,
the
Saxons
had
so
hampered
their
Kings
in
their
Elections
,
and
made
them
so
properly
their
own
,
as
they
claimed
an
interest
not
only
in
the
person
of
their
Kings
,
but
also
in
their
Estates
,
so
as
in
some
respects
they
were
scarcely
sui
juris
.
For
King
Baldred
had
given
the
Mannor
of
Malings
in
Sussex
to
Christ-church
in
Canterbury
;
and
because
the
Lords
consented
not
thereto
,
it
was
revoked
,
Nevertheless
,
Kings
were
not
then
like
unto
plumed
Eagles
,
exposed
to
the
charity
of
the
Fowls
for
food
,
but
had
a
Royal
maintenance
suitable
to
their
Majesty
.
Their
power
was
double
,
one
as
a
Captain
,
another
as
a
King
;
the
first
was
first
,
and
made
way
for
the
second
.
As
Captain
,
their
power
was
to
lead
the
Army
,
punish
according
to
Demerits
,
and
according
to
Laws
,
and
reward
according
to
Discretion
.
As
Captain
,
they
had
by
ancient
custom
the
spoil
left
to
their
ordering
by
permission
of
the
Army
,
Exigunt
Principis
liberalitate
illum
Bellatorem
equum
,
illam
cruentam
&
victricem
frameam
;
per
bella
raptus
munificentiae
materia
)
the
spoils
in
these
wasted
parts
of
Germany
bring
little
other
than
Horses
and
Arms.
But
after
they
came
into
Britain
,
the
change
of
Soil
made
them
more
fat
;
Horses
and
Arms
were
turned
into
Towns
,
Houses
,
Lands
,
and
Cattle
;
and
these
were
distributed
as
spoils
amongst
the
Saxon
Souldiers
by
their
Generals
;
and
this
redounded
to
the
maintenance
of
the
State
and
port
of
the
great
men
,
who
were
wont
to
be
honoured
non
stipendiis
sed
muneribus
;
and
the
people
used
ultro
&
viritim
conferre
principibus
,
vel
armentorum
vel
frugum
aliquid
.
Fugitives
goods
,
mines
of
Gold
and
Silver
,
Treasure
trove
,
Mulcts
for
offences
,
and
other
priviledges
,
which
being
originally
in
the
Kings
,
To
the
increase
of
his
Majesty
and
maintenance
,
there
was
an
access
of
power
,
not
to
make
,
dispense
with
,
or
alter
Laws
,
but
to
execute
and
act
the
Laws
established
:
and
against
this
power
there
was
no
rising
up
,
so
long
as
it
,
like
an
unfeathered
Arrow
,
gadded
not
at
random
.
It
's
true
,
the
Church-men
or
Prelates
checked
them
often
,
but
could
never
give
them
the
mate
.
For
peace
sake
,
Kings
many
times
yielded
much
;
yet
would
no
King
of
Saxon
principles
allow
of
any
Canon
that
extolled
the
Clergy's
Authority
above
that
of
Kings
.
And
though
the
placing
and
displacing
of
Bishops
seemed
to
be
all
Ecclesiastical
work
,
yet
would
not
the
Kings
altogether
connive
(
as
the
examples
of
Ina
in
placing
a
Bishop
in
Wells
;
Offa
,
in
making
two
Provinces
of
one
;
Cenulphus
,
Polydorus
;
Edfrid
,
in
deposing
Wilfrid
;
and
Edward
the
Confessor
,
in
making
Robert
Norman
Archbishop
of
Canterbury
)
may
induce
into
opinion
:
and
for
their
own
safety
sake
,
Synodical
disputes
they
would
hold
with
the
Canon
,
yet
in
matters
of
Action
would
suit
with
the
occasion
,
and
thereby
taught
Princes
to
account
of
Canons
but
as
Notions
;
and
politickly
to
put
the
honour
of
Commissioners
upon
these
men
.
Thus
the
current
of
both
powers
passing
in
one
channel
,
made
the
people
drink
double
Beer
at
once
:
the
turns
both
of
Pope
and
King
were
competently
served
,
and
these
men
had
the
honour
of
the
two-handed
Sword
;
and
all
seemed
composed
into
a
fair
compromise
.
But
the
Popedom
finding
its
Authority
becalmed
,
endured
this
but
as
a
burthen
,
till
Pope
Nicholas
the
second
's
time
,
who
by
the
like
trick
commended
all
to
the
Crown
,
as
from
the
Papal
Benediction
.
For
Edward
the
Confessour
,
upon
his
foundation
of
the
Abbey
of
Westminster
,
sent
to
the
Pope
for
his
allowance
and
confirmation
of
what
he
had
done
,
or
was
to
do
;
and
to
make
way
for
the
more
favour
,
sent
presents
,
and
a
confirmation
of
Romescot
.
The
Pope
was
so
inflamed
with
such
an
abundant
measure
of
blessing
,
as
he
not
onely
granted
the
Kings
desire
,
but
also
discharged
that
Abbey
from
ordinary
jurisdiction
,
made
it
a
peculiar
subject
onely
to
the
Kings
visitation
,
primum
mobile
set
in
a
regular
motion
,
by
Laws
established
by
the
whole
body
of
the
Kingdom
.
CHAP
XVII
.
Of
the
Saxon
Nobility
.
THe
ancient
Saxon
Nobility
in
Germany
were
the
chiefest
in
action
both
in
War
and
in
Peace
.
That
rank
of
men
was
continued
by
three
means
,
viz.
by
Birth
or
Blood
,
by
Valour
,
and
by
Wisdom
.
The
first
was
rather
at
the
first
a
stem
arising
out
of
the
first
two
,
than
a
different
degree
or
kind
:
for
Noble
blood
was
at
the
first
enobled
by
brave
actions
,
afterward
continued
in
their
honour
to
their
Posterity
,
till
by
as
base
courses
it
was
lost
,
as
it
was
gained
by
worthy
Atchievements
:
these
were
called
Adelingi
.
The
Nobility
of
Action
consisted
either
in
matters
of
War
or
of
Peace
.
Those
of
Peace
arose
principally
from
Wisdom
,
which
being
gained
for
the
most
part
by
much
experience
,
were
therefore
called
Aldermanni
,
or
elder
men
.
The
Nobility
of
War
arose
somewhat
from
valour
or
courage
with
wisdom
,
but
more
from
good
success
:
for
many
brave
and
fortunate
Commanders
have
not
been
very
daring
;
and
the
bravest
spirits
,
though
wise
,
Duces
,
Satrape
,
and
Comites
,
were
all
of
the
Roman
Dialect
,
as
the
former
were
of
the
Saxon.
Time
also
brought
others
into
this
honourable
Band
,
viz.
The
great
Officers
of
the
Kings
Houshold
,
and
their
attests
are
found
amongst
the
Kings
Charters
,
amongst
the
Nobles
;
and
that
much
advanced
the
price
of
Kings
;
for
he
that
is
worthy
to
be
not
onely
Lord
above
Nobles
,
but
Master
of
some
,
may
by
a
little
courtesie
prevail
over
all
.
This
starry
Heaven
had
several
Orbs
;
some
so
high
,
as
in
common
esteem
they
were
next
the
Imperial
Heaven
,
having
a
tincture
of
Royal
Blood
,
and
at
the
next
door
to
the
Throne
:
De
minoribus
rebus
consultant
principes
.
German
Saxony
;
judiciary
power
was
in
time
drawn
up
into
the
Regal
order
,
and
the
Lords
executed
the
same
as
Deputies
from
and
under
him
,
designed
thereto
by
Writs
and
Commissions
,
as
it
is
more
particularly
noted
of
King
Alfred
.
CHAP.
XVIII
.
Of
the
Freemen
amongst
the
Saxons
.
THe
next
and
most
considerable
degree
of
all
the
people
,
is
that
of
the
Freemen
,
called
anciently
Frilingi
,
or
Free-born
,
or
such
as
are
born
free
from
all
yoke
of
Arbitrary
power
,
and
from
all
Law
of
compulsion
,
other
than
what
is
made
by
his
voluntary
consent
;
for
all
Freemen
have
votes
in
the
making
and
executing
of
the
general
Laws
of
the
Kingdom
.
In
the
first
they
differed
from
the
Gauls
,
of
whom
it
is
noted
,
Custodes
Pagani
,
an
honourable
title
belonging
to
Military
service
;
Rural
Clowns
,
who
nevertheless
were
the
most
considerable
party
both
in
War
and
Peace
;
and
had
as
sure
a
title
to
their
own
liberties
,
as
the
Custodes
pagani
or
the
Country
Gentleman
had
.
CHAP.
XIX
.
Of
the
Villains
amongst
the
Saxons
.
THe
most
inferiour
rank
amongst
the
Saxons
were
those
that
of
latter
times
were
called
Villains
;
but
those
also
antiently
divided
into
two
degrees
,
the
chiefer
of
which
were
called
Free
lazzi
.
These
were
such
as
had
been
Slaves
,
but
had
purchased
their
freedom
by
desert
;
and
though
they
had
escaped
the
depth
of
bondage
,
yet
attained
they
not
to
the
full
pitch
of
freemen
;
for
the
Lord
might
acquit
his
own
title
of
bondage
,
The
most
inferiour
of
all
,
were
those
which
were
anciently
called
Lazzi
or
Slaves
;
those
were
the
dregs
of
the
people
,
and
wholly
at
the
will
of
their
Lord
,
to
do
any
service
,
or
undergo
any
punishment
.
That
the
Lords
should
so
demean
themselves
towards
their
men
,
that
they
neither
incur
guilt
against
God
,
nor
offence
against
the
King
;
or
,
which
is
all
one
,
to
respect
them
as
Gods
people
,
and
the
Kings
Subjects
.
And
thus
much
of
the
several
degrees
of
men
amongst
the
Saxons
,
being
the
materials
of
their
Commonwealth
;
a
model
whereof
in
the
making
and
executing
of
the
Laws
,
and
manner
thereof
,
now
next
ensueth
.
CHAP.
XX.
Of
the
grand
Council
of
the
Saxons
called
the
Micklemote
.
IT
was
originally
a
Council
of
the
Lords
and
Freemen
;
afterwards
,
arbitrium
est
penes
plebem
.
King
,
Lords
,
and
Freemen
,
by
the
space
of
One
hundred
and
fifty
years
,
and
in
some
parts
of
England
nigh
Two
hundred
years
before
ever
the
Roman
Bishops
foot
entred
,
or
the
Roman-Clergy
crept
into
the
Councils
of
State.
Afterwards
the
Prelates
were
admitted
de
bene
esse
,
for
advice
,
as
sapientes
,
and
continued
by
allowance
;
how
canonically
,
ipsi
viderint
,
for
I
understand
it
not
(
especially
as
the
Scripture
was
then
expounded
)
Nemo
militans
Deo
implicet
negotiis
saecularibus
:
yet
if
they
be
allowed
(
what
in
those
days
they
ordinarily
took
up
)
a
degree
of
policy
above
devotion
,
that
knot
is
also
soon
untied
.
I
say
,
they
entred
as
Sapientes
,
not
as
Prelati
,
or
Church-governours
;
for
then
they
had
holden
the
same
power
in
Church-matters
agitated
in
the
Wittagenmote
,
that
they
had
usurped
in
their
Synods
which
they
held
onely
for
Church-visitation
;
which
they
could
never
have
,
because
the
Sapientes
Regni
had
their
votes
therein
as
freely
as
they
.
Nor
could
the
Prelates
by
any
Law
entitle
themselves
to
such
power
or
priviledge
,
so
contrary
to
the
priviledge
of
the
Wittagenmote
.
For
though
it
be
true
,
that
the
German
Priests
had
a
liberty
to
be
present
in
these
grand
Assemblies
,
and
to
have
some
presidency
therein
,
as
to
command
silence
,
&c.
yet
it
is
not
title
to
these
,
jus
Divinum
that
jus
Diabolicum
(
which
those
Priests
formerly
had
)
in
a
way
of
immediate
providence
;
somewhat
like
the
possession
of
the
Mantle
of
Eliah
found
by
Elishah
.
They
might
,
I
grant
,
plead
the
title
from
Kings
;
but
,
it
must
be
granted
also
,
that
Kings
as
yet
had
no
more
power
over
the
Church
than
in
the
Commonwealth
.
Nor
could
they
have
that
from
the
Lords
,
which
the
Lords
never
had
,
but
was
ever
accounted
amongst
the
majora
,
and
of
which
the
Wittagenmote
had
the
only
cognizance
,
as
it
will
appear
in
some
particulars
ensuing
.
Unto
the
King
,
Lords
,
and
Clergy
,
must
be
added
,
as
I
said
,
the
Freemen
,
to
make
up
the
Micklemote
compleat
;
and
though
it
be
true
that
no
monument
of
story
speaks
of
this
grand
meeting
from
their
being
in
Germany
,
until
after
the
coming
of
Austin
;
yet
whenas
the
Saxon
Histories
then
find
them
in
the
same
condition
that
the
German
story
leaves
them
,
it
is
very
probable
that
in
the
interval
they
continued
their
wonted
custom
,
although
they
had
no
Learning
to
leave
monuments
thereof
unto
the
world
,
And
hereof
the
examples
are
not
rare
,
in
those
remembrances
that
those
ancient
times
have
left
us
.
For
within
six
years
after
Austins
arrival
,
tam
cleri
quam
populi
.
Ina
after
him
made
Laws
suasu
&
instituto
Episcoporum
,
omnium
senatorum
,
&
natu
majorum
sapientum
populi
;
in
magna
servorum
Dei
frequentia
.
The
matters
in
agitation
in
the
Wittagenmote
generally
,
were
all
both
of
publick
and
private
concernment
.
That
which
concerned
the
publick
,
were
such
as
regarded
removal
of
inconveniencies
,
such
as
are
Laws
for
Leagues
and
Affinity
with
other
Nations
for
preventing
of
War
.
And
thus
became
the
Saxons
and
Britons
united
,
and
the
mortal
feud
between
those
two
Nations
laid
aside
,
wise
men
,
and
Princes
of
his
Kingdom
.
And
all
the
Church-Laws
in
the
Saxons
time
were
made
in
the
Micklemote
.
Synodale
concilium
under
Beornulfus
the
Mercian
King
,
general
Synods
and
the
Wittagenmote
,
unless
merely
in
the
first
occasion
of
the
summons
.
And
if
there
be
any
credit
to
be
allowed
to
that
book
called
,
The
Mirrour
of
Justices
,
The
manner
of
debate
was
concluded
by
Vote
,
and
the
sum
taken
in
the
gross
by
noise
;
like
to
the
Lacedemonians
,
Easter
,
Pentecost
,
and
the
Nativity
;
at
which
times
they
used
to
present
themselves
before
the
King
at
his
Court
,
for
the
honour
of
his
person
,
and
to
consult
and
provide
for
the
affairs
of
his
Kingdom
;
and
at
such
times
Kings
used
to
make
shew
of
themselves
in
their
greatest
pomp
,
crowned
with
their
Royal
Crown
.
This
grand
Assembly
thus
constituted
was
,
holden
sacred
;
and
all
the
Members
,
or
that
had
occasion
therein
,
were
under
the
Publick
faith
both
in
going
and
coming
,
unless
the
party
were
fur
probatus
.
If
a
Member
were
wronged
,
the
Delinquent
payed
double
damages
,
and
fine
to
the
King
,
Safe
pass
being
thus
ancient
and
fundamental
,
and
not
by
any
Law
taken
away
,
Lastly
,
this
Assembly
,
though
it
were
called
the
Wittagenmote
,
or
the
meeting
of
wise
men
,
yet
all
that
would
come
might
be
present
,
and
interpose
their
liking
or
disliking
of
the
Proposition
,
si
displicuit
sententia
fremitu
aspernatur
,
si
placuit
frameas
concutiunt
.
And
some
hints
I
meet
with
,
that
this
course
continued
here
in
England
:
for
some
Presidents
run
,
in
magna
servorum
Dei
frequentia
;
Ina
,
commune
concilium
seniorum
,
&
populorum
totius
Regni
,
aliorumque
fidelium
infinita
multitudine
:
and
it
will
appear
that
it
continued
thus
after
the
Norman
times
.
What
power
the
vulgar
had
to
controul
the
Vote
of
the
wise
men
,
I
find
not
;
fremitu
aspernabantur
,
it
is
said
,
and
probably
it
was
a
touch
of
the
rudeness
of
those
times
;
for
it
was
not
from
any
positive
Law
of
the
Nation
,
but
a
fundamental
Law
in
Nature
,
that
wise
men
should
make
Laws
;
and
that
the
supream
Judicature
should
rest
in
the
Wittagenmote
,
was
never
an
honour
bestowed
upon
it
by
the
Saxons
,
but
an
endowment
from
the
light
of
Reason
;
which
can
never
be
taken
away
from
them
by
that
headless
conceit
provoco
ad
populum
,
but
that
Body
must
be
as
monstrous
as
the
Anthropophagi
,
whose
heads
are
too
nigh
their
belly
to
be
wise
.
CHAP.
XXI
.
Of
the
Council
of
Lords
.
THis
in
the
first
condition
was
a
meeting
onely
of
the
Lords
,
for
direction
in
emergent
cases
,
concerning
the
government
and
good
of
the
Commonwealth
,
and
for
the
promoting
of
administration
of
Justice
;
these
the
Historian
calls
Minora
,
because
they
were
to
serve
onely
the
present
passions
of
State.
Afterwards
,
when
they
had
gotten
a
King
into
their
number
,
they
had
so
much
the
more
work
as
might
concern
due
correspondency
between
him
and
the
people
,
and
of
themselves
towards
both
.
This
work
was
not
small
,
especially
in
those
times
of
the
growth
of
Kings
,
but
much
greater
by
the
access
of
Prelates
into
their
number
;
with
whom
came
also
a
glut
of
Church-affairs
,
that
continually
increased
according
as
the
Prelates
ambition
swelled
;
so
as
this
Council
might
seem
to
rule
the
Church
alone
in
those
days
,
whenas
few
motions
that
any
way
concerned
Church-men
,
but
were
resolved
into
the
Prelatical
cognizance
,
as
the
minora
Ecclesiae
.
And
thus
under
the
colour
of
the
minora
Ecclesiae
,
and
the
minora
Reipublicae
,
That
no
Temporal
or
Lay-person
shall
possess
any
Ecclesiastical
possessions
.
That
elections
of
Ecclesiastical
persons
and
Officers
shall
be
by
Bishops
.
That
the
possessions
of
Church
men
shall
be
free
from
all
Lay-service
and
Taxes
.
And
in
one
sum
,
they
did
any
thing
that
bound
not
the
whole
body
of
the
Freemen
.
In
which
had
these
Lords
reflected
more
upon
the
office
,
and
less
upon
the
person
,
and
not
at
all
upon
their
private
interest
,
they
doubtless
had
been
a
blessing
to
their
Generations
,
and
a
Golden
Scepter
in
the
hand
of
a
righteous
King
:
But
contrarily
missing
their
way
,
they
became
a
Sword
in
the
Kings
hand
against
the
Subjects
,
a
snare
to
the
Kingdom
;
and
,
had
not
the
Wittagenmote
in
their
meeting
allayed
those
distempers
,
the
Saxon-government
had
been
little
other
than
a
Commonwealth
reversed
.
CHAP.
XXII
.
Of
the
manner
of
the
Saxons
Government
in
time
of
War
.
AS
the
condition
of
States
or
Kingdoms
are
diversly
considered
in
War
and
Peace
,
so
also
must
their
Government
be
:
For
however
War
in
it self
be
but
a
feaverish
Distemper
in
a
Commonwealth
,
yet
in
some
cases
it
is
as
necessary
,
as
a
kindly
Ague
in
due
season
is
for
the
preservation
of
the
Body
;
which
many
times
takes
distemper
rather
from
the
excellency
of
its
constitution
,
than
from
the
abundance
of
humours
.
Nor
did
the
temper
of
the
Saxon
Commonwealth
ever
shine
more
than
in
War
,
while
it
set
a
Law
upon
that
which
ordinarily
is
master
of
all
mis-rule
and
confusion
,
and
so
fought
by
rule
rather
than
by
passion
.
none
should
flie
or
break
his
Rank
,
but
get
the
Victory
or
die
;
yet
were
they
neither
bound
by
Oath
or
Penalty
,
shame
in
those
times
being
accounted
worse
than
death
by
those
brave
minds
.
But
times
growing
more
old
,
grew
also
more
base-spirited
,
and
men
could
not
be
(
drawn
into
the
field
)
holden
in
Rank
by
Oaths
or
Honour
;
and
this
occasioned
that
Law
of
Ina
the
Saxon
King
,
CHAP.
XXIII
.
Of
the
Government
of
the
Saxon
Kingdom
in
times
of
peace
;
and
first
of
the
division
of
the
Kingdom
into
Shires
,
and
their
Officers
.
IF
the
Saxon
Government
was
regular
in
time
of
War
,
how
much
rather
in
time
of
peace
!
All
great
works
are
done
by
parcels
and
degrees
;
and
it
was
the
Saxons
ancient
way
in
Germany
,
to
divide
their
Territory
into
several
Circuits
or
Circles
,
and
to
assign
to
each
their
several
Magistrates
,
all
of
them
ruled
by
one
Law
;
like
one
soul
working
in
several
Members
to
one
common
good
.
Thus
they
did
here
in
England
,
having
found
the
Land
already
divided
into
several
parts
called
Comitatus
,
or
Counties
,
from
the
word
Comes
,
that
signifies
a
Companion
;
and
the
Counties
thence
called
,
are
nothing
but
Societies
or
Associations
in
publick
charge
and
service
.
But
the
Saxon
word
is
Shire
or
Share
,
that
is
,
a
portion
or
precinct
of
ground
belonging
to
this
or
that
person
,
or
great
Town
,
and
bearing
the
name
of
that
person
or
Town
;
and
sometimes
of
the
scituation
of
the
people
,
as
North
or
South
folk
,
East
or
South
Sex
or
Saxons
.
Each
of
these
Shires
or
Counties
had
their
two
chief
Governours
for
distributive
justice
;
of
these
the
Sheriff
was
more
ancient
and
worthy
Officer
,
being
the
Lieutenant
,
power
of
the
County
in
certain
cases
;
for
his
Commission
extended
not
to
leavy
War
,
but
to
maintain
Justice
in
that
County
,
and
within
the
same
;
and
in
this
work
,
he
was
partly
ministerial
,
and
partly
judicial
:
in
the
one
he
was
the
Kings
Servant
to
execute
his
Writs
;
in
the
other
he
regulated
the
Courts
of
Justice
under
his
Survey
.
peoples
favour
.
The
Coroner
,
though
in
original
later
,
CHAP.
XXIV
.
Of
the
County-Court
,
and
the
Sheriffs
Torne
.
THE
Government
of
the
County
in
times
of
peace
,
consisted
much
in
the
administration
of
Justice
,
which
was
done
in
the
publick
meetings
of
the
Freeholders
;
and
their
meetings
were
either
in
one
place
,
or
in
several
parts
of
the
County
:
in
each
of
which
the
Sheriff
had
the
managing
of
the
acts
done
there
.
Coke
Instit.
2.
p.
69.
)
and
of
latter
times
the
County-Court
:
the
work
wherein
,
was
partly
for
consultation
and
direction
concerning
the
ordering
of
the
County
,
for
the
safety
and
peace
thereof
;
such
as
were
redress
of
Grievances
,
election
of
Officers
,
prevention
of
dangers
,
&c.
and
partly
it
was
judicial
,
The
other
Court
wherein
the
Sheriff
had
the
direction
,
Sheriffs
Torne
;
which
simply
considered
,
is
but
a
Hundred-Court
,
CHAP.
XXV
.
Of
the
Division
of
the
County
into
Hundreds
,
and
the
Officers
and
Court
thereto
belonging
.
COunties
were
too
great
to
meet
upon
every
occasion
;
and
every
occasion
too
mean
to
put
the
whole
County
to
that
charge
and
trouble
:
and
this
induced
sub-divisions
;
the
first
whereof
is
that
of
the
Hundred
,
now
,
and
also
anciently
so
called
;
but
as
ancient
(
if
not
more
)
is
the
name
Pagus
;
for
the
Historian
tells
us
,
that
the
Germans
,
in
the
executing
of
their
Laws
,
a
hundred
of
the
Free-men
joyned
with
the
chief
Lord
per
pagos
vicosque
,
ad
pagi
vel
loci
praepositum
;
in
other
places
it
is
rendred
,
to
the
Governours
of
the
Hundred
or
Burrough
.
And
at
this
day
in
Germany
,
their
Country
is
divided
into
Circuits
,
called
Centen
or
Canton
,
and
Centengriecht
;
and
the
Hundreders
they
call
Centgraven
,
or
Hundred-chiefes
,
whether
for
Government
in
time
of
peace
,
Lord
of
the
Hundred
,
and
thereunto
elected
by
the
Free
men
of
that
Hundred
,
and
unto
whom
they
granted
a
stipend
in
the
nature
of
a
Rent
,
Hundred
Court
,
which
by
the
Law
was
to
be
holden
once
every
Month
;
and
it
was
a
mixt
Court
of
Common-pleas
and
Crown-pleas
:
for
the
Saxon
Laws
order
,
CHAP.
XXVI
.
Of
the
Division
of
the
Hundreds
into
Decennaries
.
THis
was
the
last
subdivision
of
the
County
,
and
that
rested
upon
the
persons
;
and
it
was
either
not
at
all
,
or
not
so
observable
,
as
to
be
worthy
of
the
Roman
story
,
and
therefore
may
rather
be
thought
an
extract
from
Moses
Law
,
introduced
by
Alfred
or
his
direction
.
I
say
,
this
rested
on
the
persons
,
and
not
upon
the
place
;
for
though
the
Centeners
were
comprehended
within
certain
bounds
,
yet
the
Decenners
were
not
limited
but
only
within
the
limits
of
the
Hundred
.
And
of
these
also
,
it
appeareth
to
me
there
were
divers
sorts
;
for
such
matters
of
controversie
that
did
arise
amongst
the
Decenners
,
if
of
greater
moment
,
were
referred
to
the
chiefer
Justices
,
which
were
appointed
super
decem
decanes
,
which
I
conceive
were
ten
chief
pledges
;
and
these
might
bear
the
names
of
the
Centeners
,
although
they
be
not
the
Centgraven
:
and
the
rather
I
incline
thereto
,
because
in
all
probability
there
must
needs
be
above
one
hundred
Free-holders
in
Hundredo
;
and
all
Free-men
were
Decenners
,
that
is
,
ranked
into
several
tens
;
CHAP.
XXVII
.
Of
Francheses
:
and
first
of
the
Church-Francheses
.
WE
have
hitherto
trod
in
the
road-way
of
the
Government
of
the
Common-wealth
;
but
private
regards
have
made
by-paths
,
which
we
must
trace
,
or
else
the
footsteps
in
many
particulars
will
remain
unknown
.
These
are
called
Exemptions
,
but
more
ordinarily
Francheses
,
from
which
scarce
any
part
of
the
Kingdom
remained
free
;
and
are
to
be
considered
,
either
in
regard
of
the
place
or
person
.
In
the
latter
I
intend
that
of
the
Church-men
,
whose
Persons
and
Estates
,
in
many
particulars
,
were
exempted
from
the
civil
power
of
this
Kingdom
.
Their
persons
devoted
to
a
peculiar
work
,
they
would
have
to
be
under
a
peculiar
Law
,
called
the
Canon-Law
,
which
at
the
first
extended
only
to
their
own
persons
,
and
that
only
pro
reformatione
morum
:
for
so
an
Archbishop
tells
us
,
to
be
imprisoned
.
If
the
offender
be
out
of
reach
by
the
space
of
thirty
and
one
days
,
he
is
Outlawed
;
so
as
there
is
no
way
left
to
escape
the
Church-fury
.
CHAP.
XXVIII
.
Of
the
second
Franchises
,
called
the
Marches
.
FRanchises
of
the
place
,
were
such
as
were
limited
within
precincts
of
place
,
and
annexed
thereto
;
and
of
this
sort
first
were
those
of
the
borders
,
of
which
those
are
the
most
ancient
that
bordered
the
Britons
,
now
called
the
Marches
of
Wales
,
in
which
was
a
peculiar
Government
,
so
far
as
concerned
administration
of
justice
;
for
otherwise
the
subjects
each
of
them
submitted
themselves
to
the
service
of
their
own
Prince
.
This
was
therefore
a
third
,
different
,
and
mixt
Government
,
agreed
upon
joyntly
between
the
Britons
and
Saxons
,
who
after
a
long
and
burdensome
War
,
(
wherein
both
peoples
were
well
wearied
)
by
degrees
became
Friends
,
entered
Traffick
,
and
into
the
strictest
Societies
by
Marriage
.
Thus
finding
the
sweetness
of
peace
,
they
provide
against
future
occasions
of
strife
that
might
arise
in
commerce
by
the
justling
of
two
Laws
together
;
and
agree
in
one
Law
,
and
upon
a
certain
number
of
Judges
elected
by
common
consent
,
who
were
to
see
to
the
execution
of
these
Laws
as
joynt
Assessors
.
From
these
,
as
I
conceive
,
arose
those
which
are
now
called
the
Lords
Marchers
,
and
were
at
the
first
twelve
in
number
,
viz.
six
Saxons
,
and
six
Britons
.
It
seemeth
this
form
of
Government
was
first
instituted
by
Aetheldred
,
CHAP.
XXIX
.
Of
County-Palatines
.
OF
the
same
sort
of
Franchises
were
these
which
are
called
County-Palatines
,
which
were
certain
parcels
of
the
Kingdom
assigned
to
some
particular
person
,
and
their
Successors
,
with
Royal
power
therein
to
execute
all
Laws
established
,
in
nature
of
Province
holden
of
the
Imperial
Crown
:
and
therefore
the
Kings
Writ
passed
not
within
the
precinct
,
no
more
than
in
the
Marches
.
These
were
occasioned
from
the
courage
of
the
Inhabitants
that
stoutly
defended
their
Liberties
against
the
usurping
power
of
those
greater
Kings
that
endeavoured
to
have
the
Dominion
over
the
whole
Heptarchy
,
and
not
being
easily
overcome
,
were
admitted
into
composition
of
Tributaries
;
and
therefore
are
found
very
ancient
:
for
Alfred
put
one
of
his
Judges
to
death
for
passing
Sentence
upon
a
Malefactor
,
for
an
offence
done
in
a
place
where
the
Kings
Writ
passed
not
;
for
that
the
King
and
his
Commissioners
ought
to
determine
such
cases
,
excepting
those
Lords
in
whose
precinct
the
Kings
Writ
passeth
not
.
CHAP.
XXX
.
Of
Francheses
of
the
Person
.
FRancheses
of
the
Person
are
such
Liberties
annexed
unto
the
Person
,
as
are
not
absolute
Lordships
,
but
only
tending
thereto
,
and
limited
within
a
Precinct
,
but
not
annexed
thereto
:
and
these
are
matters
of
profit
rather
than
power
;
as
those
of
Bury
St.
Edmonds
,
Doncaster
,
Dorchester
,
Circester
;
all
which
were
in
the
Saxon
times
:
Handhaben
Backhearend
;
Sack
,
Hamsockne
,
Friderbrece
,
Forstel
,
Teme
,
Flemone
,
Ferdre
,
Hundred
Setene
,
Sock
,
Tholl
,
Adae
,
Horda
,
Bufan
Orderan
,
Bene
Orderan
;
the
particular
natures
of
each
may
be
observed
in
the
Glossaries
;
all
of
them
being
allowed
to
the
Crown
by
the
Law
,
and
by
the
advice
of
the
Council
of
Lords
granted
over
to
these
Grantees
in
nature
of
Deputies
to
the
King
,
to
possess
both
the
power
and
profit
thereto
belonging
.
CHAP.
XXXI
.
Of
Manors
.
NEvertheless
,
most
of
these
Liberties
,
if
not
all
of
them
,
were
many
times
granted
by
Kings
as
appendant
to
Manors
;
which
were
Francheses
of
smaller
circuit
,
being
at
the
first
portions
of
ground
granted
to
some
particular
persons
,
and
by
them
subdivided
and
granted
over
to
particular
persons
to
hold
of
the
Grantors
by
Rents
,
Services
,
and
suit
to
one
Court
;
all
being
no
other
than
the
spoils
of
War
,
and
rewards
of
valour
,
or
other
service
.
These
in
their
collective
nature
are
called
a
Manor
,
and
by
continuance
of
time
become
a
kind
of
body
politick
.
In
Antiquity
it
is
called
Mansum
,
from
the
Mansion-house
,
although
it
is
not
of
the
Essence
of
a
Manor
,
nor
ought
the
words
of
Bracton
to
be
construed
according
to
the
literal
sense
;
Free
men
,
which
in
the
first
times
were
only
for
years
;
albeit
therein
they
were
not
niggardly
,
for
they
sticked
not
at
Leases
for
a
hundred
years
,
acquitted
or
free
.
But
over
and
above
all
,
they
reserved
special
service
to
be
done
by
the
person
of
the
Tenant
,
or
some
other
by
his
procurement
,
of
which
those
that
were
their
servi
or
villains
were
at
the
will
of
the
Lord
:
others
had
their
particular
service
set
down
in
their
grants
.
These
concerned
either
War
or
Peace
;
the
former
was
afterwards
called
the
service
of
the
Knight
or
Souldier
;
the
latter
the
service
of
the
Husbandman
or
Plough
.
That
of
the
Souldier
was
the
more
honourable
,
Rad
knights
,
or
Knights-riders
,
as
Bracton
noteth
;
But
the
profit
arose
from
beneath
,
I
mean
from
the
soccage
tenure
or
service
of
the
Plough
,
viz.
That
no
man
might
trouble
them
,
but
for
their
Rent
,
nor
any
Lord
thrust
them
out
of
their
Farm
,
so
long
as
they
do
their
service
.
Heriots
,
Rents
,
and
Services
accrewed
unto
him
.
CHAP.
XXXII
.
Of
Courts
incident
and
united
unto
Manors
.
BY
Grants
made
by
Lords
unto
Tenants
already
noted
,
the
Lords
had
power
by
common
right
to
call
their
Tenants
before
them
,
and
enquire
concerning
their
payment
of
Rents
,
and
performance
of
service
,
which
became
Courts
of
constant
appointment
:
of
which
sort
there-were
two
,
one
for
the
Free-men
,
the
other
for
the
Bond-men
;
and
this
brought
forth
another
service
,
which
we
call
suit
of
Court.
right
Patent
was
grounded
.
But
the
full
nature
of
this
Court
is
not
within
my
intention
,
but
I
must
refer
the
Reader
to
the
Law-books
.
view
of
Frank-pledge
within
their
several
Lordships
;
Chief
pledges
in
the
Courts
of
these
Mannors
,
as
is
to
be
yet
seen
in
many
ancient
Court-Rolls
.
The
other
Court
,
which
by
common
Right
belonged
to
the
Lords
of
Mannors
,
was
that
of
the
Copy-holders
,
called
or
rather
included
under
the
name
of
the
Court-Baron
;
Copy
holders
that
remaineth
,
improperly
retaineth
the
name
of
that
which
is
gone
.
This
Court
at
the
first
was
intended
onely
for
the
Lords
benefit
,
and
for
the
Tenants
right
,
as
subservient
thereunto
.
I
say
,
the
Tenants
right
,
not
against
their
Lord
;
for
they
had
no
right
against
him
:
but
against
any
other
they
had
protection
of
Law
,
both
for
themselves
and
their
Estates
.
And
,
as
I
said
before
,
by
custom
,
or
rather
light
of
Religion
,
their
persons
and
Estates
were
considerable
,
even
by
the
Lords
themselves
.
CHAP.
XXXIII
.
Of
Townships
and
their
Markets
.
THE
next
Franchese
is
that
of
Towns
:
This
was
taken
up
as
a
Birth
of
War
and
Nurse
of
Peace
;
for
their
Ancestors
liked
not
to
dwell
in
crowds
,
ne
pati
quidem
inter
se
junctas
sedes
:
Dorchester
,
Circester
,
and
Doncaster
,
in
Alfred's
time
:
and
herewith
they
had
publick
Markets
,
which
served
them
for
their
better
conveniencies
.
This
priviledge
of
Market
was
a
liberty
of
publick
sale
and
trade
in
Commodities
that
principally
concern
the
Belly
;
In
the
first
times
,
as
every
man
by
common
right
had
property
in
his
own
Goods
,
so
by
the
same
right
he
had
power
to
alien
to
any
person
,
at
any
time
,
in
any
place
,
by
gift
,
sale
,
exchange
,
or
other
ways
;
and
that
by
such
Alienation
,
but
especially
by
sale
,
a
Right
was
vested
in
the
Buyer
against
all
men
,
saving
the
Eigne-right
,
which
was
recompenced
upon
warranty
,
and
recovery
in
value
.
And
in
those
days
common
sense
taught
men
to
buy
or
sell
,
of
or
to
the
next
Neighbour
that
would
bargain
with
them
:
and
for
want
of
such
occasion
,
to
repair
to
the
next
Assembly
,
Meeting
,
or
Concourse
of
people
,
for
the
sale
of
such
Commodities
as
their
Neighbourhood
would
not
take
off
their
hands
.
And
thus
the
greater
Towns
that
had
Walls
or
Castles
,
became
the
greatest
Markets
,
and
others
less
;
and
this
made
the
Neighbourhood
of
those
Towns
to
repair
thither
to
buy
,
as
others
to
sell.
But
time
discovering
a
double
inconveniency
herein
,
viz.
that
by
these
less
publick
sales
in
smaller
Villages
,
where
little
or
no
care
of
Right
or
Justice
was
had
(
and
by
which
means
the
word
Pagan
became
a
word
of
reproach
)
many
mens
Goods
by
clandestine
Contracts
were
lost
,
and
no
care
had
of
their
recovery
;
and
(
which
was
yet
more
prejudicial
to
the
Publick
)
that
the
greater
Towns
appointed
for
the
strength
and
defence
of
the
Kingdom
,
became
ill
provided
with
supply
of
Victuals
,
either
for
the
present
or
future
;
and
what
was
had
,
for
the
most
part
was
gotten
at
the
second
hand
,
and
higher
rate
than
the
Country-Villages
had
.
The
wise
men
,
by
publick
Edict
,
laid
a
restraint
of
Markets
in
smaller
Villages
,
and
more
private
places
;
and
thus
the
greater
Towns
having
Markets
formerly
,
became
more
publick
Markets
,
not
by
any
new
Right
or
Priviledge
from
the
Crown
;
for
it
neither
had
such
power
nor
could
have
(
but
upon
usurpation
)
against
the
common
Right
of
such
Towns
and
places
of
publick
defence
.
This
Restraint
,
upon
the
reasons
aforesaid
,
was
made
first
in
the
Saxon-times
,
as
may
appear
by
their
Laws
,
but
more
cleerly
declared
and
confirmed
afterwards
by
the
Laws
of
the
Normans
,
which
never
gave
any
new
Right
of
Market-overt
unto
those
places
of
publick
defence
,
but
onely
did
inhibit
the
same
in
the
smaller
Villages
and
private
places
.
In
which
respect
,
although
the
Kings
of
this
Nation
in
future
times
took
leave
to
abolish
that
Restraint
which
did
lie
upon
some
of
those
more
private
places
,
for
certain
reasons
of
State
;
and
so
these
places
became
Markets-overt
,
which
formerly
were
none
:
yet
could
they
never
take
away
that
priviledge
which
Nature
it self
cast
upon
those
greater
Towns
(
being
the
very
Limbs
of
the
Kingdom
)
without
wrong
done
to
the
common
Right
,
and
the
publick
Good
;
nor
abridge
them
of
that
power
,
but
that
they
might
still
use
their
liberty
at
times
and
places
within
their
Precinct
,
as
might
best
conduce
with
the
benefit
of
the
Inhabitants
of
those
places
,
even
as
any
particular
Free
man
may
govern
his
own
Estate
as
him
liketh
best
.
And
thus
upon
the
whole
matter
it
is
to
be
concluded
,
that
the
ancient
Burroughs
of
this
Kingdom
properly
do
not
hold
their
liberty
of
Market-overt
by
Prescription
or
Charter
,
but
by
common
Right
;
and
not
as
a
Corporation
made
by
Charter
,
but
as
they
are
a
multitude
of
people
anciently
gathered
together
and
united
,
upon
whom
the
strength
and
wealth
of
the
Kingdom
doth
or
did
formerly
much
more
depend
,
than
on
any
of
the
smaller
Villages
and
open
Towns
;
even
as
every
Free
man
possesseth
and
useth
his
proper
Inheritance
and
Estate
without
particular
priviledge
derived
from
the
Crown
:
Nor
can
the
King
take
away
the
liberty
of
Market-overt
from
such
places
,
more
than
he
can
take
away
the
liberty
of
buying
and
selling
from
any
Free
man
,
to
whom
the
Law
alloweth
a
liberty
of
ownership
.
This
I
submit
to
the
censure
of
the
learned
in
the
Laws
,
in
regard
of
the
different
opinions
concerning
the
same
.
This
liberty
of
Township
thus
made
,
and
the
Place
and
People
Inhabitants
thereof
being
of
such
consequence
in
the
publick
administration
,
had
for
their
better
support
and
safety
liberty
of
Fortification
,
CHAP.
XXXIV
.
Of
the
Forests
.
BEsides
other
Prerogatives
of
the
Saxon
Kings
,
they
had
also
a
Franchise
for
wild
Beasts
for
the
Chase
,
which
we
commonly
call
Forest
,
being
a
precinct
of
ground
neither
parcel
of
the
County
,
nor
the
Diocess
,
nor
of
the
Kingdom
,
but
rather
appendant
thereunto
.
This
savoured
of
the
old
German
sport
,
but
by
custom
turned
from
sport
to
earnest
:
For
although
in
the
first
times
the
Saxons
were
so
few
,
and
the
Country
so
spacious
,
that
they
might
allow
the
Beasts
their
Farm
as
well
as
themselves
their
own
;
People
nevertheless
so
multiplied
,
as
of
necessity
they
must
intercommon
either
with
Beasts
or
Fishes
:
the
former
whereof
,
however
more
cleanly
,
yet
the
latter
had
the
surest
footing
,
and
was
chosen
as
the
least
of
two
evils
,
rather
than
for
any
likelihood
of
good
Neighbourhood
.
For
as
Nature
taught
Beasts
to
prey
for
themselves
,
so
men
to
defend
their
own
;
and
this
bred
such
a
fewd
between
Beasts
and
men
,
as
that
Kings
doubting
to
lose
their
Game
,
took
in
with
the
weaker
,
that
the
world
might
see
the
happiness
of
England
,
where
Beasts
enjoy
their
liberty
as
well
as
men
.
But
this
was
,
as
it
were
,
by
compromise
;
for
it
had
been
very
hard
to
have
pleased
the
Free
men
,
who
had
liberty
of
Game
within
their
own
ground
by
common
Right
,
CHAP.
XXXV
.
Concerning
Judges
in
Courts
of
Justice
.
THus
far
of
the
several
Tribes
and
numbers
of
this
Commonwealth
,
which
like
so
many
Conduit-heads
,
derived
the
influence
of
Government
through
the
whole
body
of
this
Island
;
and
in
every
of
which
,
Judiciary
power
acted
it self
in
all
Causes
arising
within
the
verge
of
that
Precinct
;
some
of
which
had
more
extraordinary
trial
before
the
King
and
his
Council
of
Lords
,
according
as
the
parties
concerned
were
of
greater
degree
,
or
the
Cause
of
more
publick
concernment
.
Examples
hereof
are
the
Cases
between
the
Bishop
of
Winchester
and
Leoftin
in
Aetheldred's
time
,
and
between
the
two
Bishops
of
Winchester
and
Durham
in
Edward's
time
:
But
custom
made
this
Court
stoop
to
smaller
game
in
latter
times
,
and
to
reach
at
the
practice
of
the
County-Court
,
by
sending
the
Kings
Writs
to
remove
certain
Causes
from
the
cognizance
of
those
rural
Judicatories
to
their
sublime
determination
.
Council
of
Lords
as
an
Oracle
to
the
whole
Nation
;
and
the
King
amongst
the
rest
,
as
the
Priest
that
many
times
rendred
the
Answer
or
Sentence
of
that
Oracle
in
his
own
sense
,
and
had
it
confirmed
to
him
by
an
Oath
se
judicium
rectum
in
Regno
facturum
,
Council
of
Lords
was
the
first
in
nature
,
and
the
Cynosure
to
direct
his
tongue
and
actions
.
From
this
Fountain
issued
also
streams
of
Judicature
into
all
parts
by
Judges
itinerant
under
the
Kings
Commission
,
CHAP.
XXXVI
.
Of
the
Proceedings
in
Judicature
by
Indictment
,
Appeal
,
Presentment
,
and
Action
.
FOr
the
proceedings
in
course
,
the
Saxons
were
wont
to
begin
with
matters
belonging
to
the
Church
,
and
afterward
to
Secular
causes
;
in
which
if
the
matters
were
criminal
,
the
most
ancient
way
of
proceeding
was
by
Appeal
of
the
party
complaining
.
But
afterward
in
cases
that
concerned
Damage
,
Injury
,
or
Violence
done
to
the
Body
of
a
man
or
his
Estate
,
the
King
was
found
to
be
therein
prejudiced
,
besides
the
prejudice
immediately
done
to
the
Subject
:
for
a
man
disabled
in
Body
or
Estate
,
is
disabled
to
serve
the
King
and
the
Publick
;
and
upon
this
ground
a
way
was
found
out
to
punish
the
offender
by
Indictment
,
do
say
for
the
King
,
that
I.
S.
is
defamed
by
good
men
;
that
he
upon
—
day
of
—
&c.
into
the
House
and
Goods
of
—
did
cast
fire
,
and
the
same
did
burn
:
or
,
(
if
it
were
for
Bloodshed
)
with
a
Sword
did
strike
and
wound
him
in
the
left
arm
,
and
that
this
was
done
Feloniously
,
or
,
(
if
the
case
required
)
Traiterously
:
and
if
I.
S.
deny
the
same
,
I
will
for
the
King
prove
the
matter
against
him
,
as
the
King
ought
to
do
,
that
is
to
say
,
by
Witnesses
,
and
Twelve
men
.
But
if
the
complaint
was
at
the
suit
of
the
party
,
here
present
,
for
that
E.
Father
,
Brother
,
Son
,
or
Vncle
(
according
as
the
case
was
)
to
I.
C.
being
in
the
peace
of
God
,
and
of
our
Soveraign
Lord
the
King
,
at
the
dwelling
house
of
E.
at
—
&c.
the
said
D.
H.
upon
the
—
day
of
—
in
the
—
year
of
—
with
a
Sword
made
a
Wound
of
two
inches
long
,
and
six
inches
deep
,
in
the
left
pap
of
the
body
of
the
said
E.
whereof
he
died
;
and
this
was
done
Feloniously
,
and
of
Malice
forethought
.
And
if
the
said
D.
H.
shall
deny
the
same
,
the
said
I.
C.
is
ready
to
prove
the
same
against
him
in
his
body
,
or
as
a
Monk
,
Woman
,
or
Clerk
,
behoveth
to
prove
the
same
;
that
is
,
by
Champion
;
for
neither
Monk
,
Woman
,
nor
Clerk
was
by
Law
to
justifie
by
Battle
in
their
own
person
.
The
several
causes
of
Appeal
and
Indictment
may
be
found
in
the
Law-books
,
to
whom
I
refer
the
Reader
,
it
not
being
within
the
compass
of
this
Discourse
to
fall
upon
the
particulars
.
I
shall
onely
observe
the
difference
between
Indictments
former
and
latter
,
and
between
them
and
Appeals
,
viz.
that
Appeals
are
positive
Accusations
in
the
name
of
the
Prosecutor
of
the
fact
done
by
the
party
appealed
;
whereas
Indictments
were
onely
a
publication
or
affirmation
of
the
same
of
a
fact
done
by
the
party
indicted
,
and
wherein
Not
guilty
pleaded
,
served
onely
as
in
nature
of
a
Quere
,
to
usher
in
the
votes
of
the
Freemen
concerning
the
fact
.
Secondly
,
the
difference
between
former
Indictments
from
these
in
these
days
,
consists
in
this
,
that
the
ancient
Indictments
were
in
the
name
of
one
man
;
those
of
the
later
sort
are
in
the
name
of
the
Jury
;
and
the
former
were
onely
of
a
same
,
the
later
,
of
the
fact
.
A
third
way
of
bringing
Controversies
unto
judgement
,
I
say
,
for
our
Soveraign
Lord
the
King
,
That
H.
here
is
perjured
,
and
hath
broken
saith
against
the
King
;
because
,
whereas
H.
is
or
was
Chancellour
of
the
King
,
and
was
sworn
that
he
would
not
sell
Right
,
or
any
remedial
Writ
to
any
one
:
yet
upon
the
—
day
of
—
&c.
he
sold
to
B.
a
Writ
of
Attaint
,
and
would
not
grant
the
same
under
half
a
Mark.
So
as
the
difference
between
an
Indictment
and
Presentment
in
those
days
was
onely
in
the
degree
of
the
Crime
for
which
the
party
Delinquent
was
accused
,
and
in
the
manner
of
conclusion
of
the
Presentment
,
which
was
without
Averment
.
The
last
way
of
Trials
concerns
such
offences
that
exceed
not
the
nature
of
Trespass
done
to
a
mans
Person
or
his
Goods
;
Personal
Trespasses
,
the
Process
was
by
attachment
of
the
Person
;
who
thereupon
put
in
Bail
,
or
else
his
Person
was
secured
by
imprisonment
till
Trial
,
and
satisfaction
made
.
But
in
the
later
that
concerned
the
reality
,
In
the
answer
of
the
Defendant
,
he
either
traversed
the
matter
in
fact
,
or
confessed
and
justified
,
CHAP.
XXXVII
.
Of
the
several
manners
of
extraordinary
trial
by
Torture
,
Ordeale
,
Compurgators
,
and
Battle
.
EVidence
of
the
matter
in
fact
,
upon
trial
of
Causes
in
the
Saxon
Judicatory
,
sometimes
consisted
in
the
pregnant
testimony
of
the
Fact
it self
,
A
second
sort
of
Evidence
was
that
of
Ordeale
,
cursed
Water
.
The
first
mention
that
I
find
thereof
was
at
the
Council
of
Mentz
,
Cum
ambulaveris
per
ignem
,
&c.
and
it
shewed
metal
in
them
that
followed
the
example
.
But
the
next
age
grew
dull
,
But
where
fame
was
yet
more
slight
,
voier
Dire
,
or
the
Oath
of
the
party
suspected
,
and
the
concurrent
testimony
of
other
men
:
The
first
attesting
his
own
innocency
,
the
other
contesting
their
Consciences
of
the
truth
of
the
former
testimony
;
and
therefore
were
,
and
still
are
called
Compurgators
.
Their
number
was
more
or
less
,
and
of
greater
or
less
value
,
according
as
the
offence
or
the
party
suspected
was
of
greater
or
less
concernment
.
This
manner
of
trial
was
of
ancient
use
,
One
manner
of
trial
yet
remains
,
Women
,
Maimed
persons
,
and
Children
;
or
too
inscient
,
as
Ideots
and
Lunaticks
;
or
too
mean
,
as
Villains
.
And
as
these
were
not
necessitated
to
answer
in
Battle
,
so
was
no
Freeman
compelled
to
answer
them
by
Battle
.
CHAP.
XXXVIII
.
Of
the
ordinary
manner
of
Trial
amongst
the
Saxons
by
Inquest
.
THe
last
and
most
ordinary
way
of
trial
was
by
Witnesses
(
upon
traverse
of
the
matter
in
Fact
)
before
the
Jurors
,
In
every
Century
or
Hundred
let
there
be
a
Court
;
and
let
Twelve
ancient
Freemen
,
together
with
the
Lord
of
the
Hundred
,
be
sworn
that
they
will
not
condemn
the
Innocent
,
nor
acquit
the
Guilty
.
And
this
was
so
strictly
eyed
,
But
the
Saxons
were
more
careful
of
the
credit
and
life
of
man
,
And
yet
time
and
experience
refined
this
way
of
trial
into
a
more
excellent
condition
:
Let
there
be
Twelve
men
of
understanding
in
the
Law
,
six
of
them
English
,
and
six
Welch
,
and
let
them
deal
Justice
both
to
English
and
Welch
.
The
equity
of
this
Law
in
future
ages
spread
it self
into
all
Trials
of
Forreigners
in
every
place
throughout
this
Island
.
Unto
such
as
stumble
at
this
conceit
,
because
they
are
said
to
be
aetate
superiores
,
and
jure
consulti
,
I
shall
onely
note
thus
much
;
That
it
is
not
to
be
doubted
,
but
the
work
of
Jurors
required
chief
men
both
for
experience
and
knowledge
in
the
customs
of
those
times
,
to
enable
them
to
judge
of
the
matter
in
fact
;
and
upon
whose
judgement
the
Life
and
Death
of
the
party
rested
principally
:
And
as
probable
it
is
,
that
those
Jurors
,
as
they
were
then
chief
men
,
so
they
sate
in
the
most
eminent
place
of
the
Assembly
or
Court
,
and
were
co
assessors
with
the
Bishop
and
Sheriff
,
who
did
serve
but
onely
to
advise
the
rest
;
and
they
,
or
one
of
them
to
publish
the
Sentence
which
the
Law
predetermined
.
And
this
chief
place
the
Jurors
might
have
possessed
at
this
day
,
as
they
do
in
Sweden
,
had
the
chief
men
holden
the
service
still
worthy
of
their
attendance
.
But
great
men
grew
too
great
in
their
own
esteem
for
the
service
of
their
Country
,
Peers
.
Si
minister
regius
,
If
a
Lord
or
a
Baron
be
accused
of
Homicide
,
he
shall
be
acquitted
by
Twelve
Lords
:
but
if
of
inferiour
rank
,
he
shall
be
acquitted
by
Eleven
of
his
Equals
and
one
Lord
.
Thus
Gods
providence
disposed
of
the
pride
of
men
,
to
be
an
instrument
of
its
own
restraint
:
For
the
great
men
,
ere
they
were
aware
,
hereby
lost
one
of
the
fairest
Flowers
of
their
Garland
,
viz.
the
Judicature
,
or
rather
the
mastership
of
the
Life
or
Death
of
the
meaner
sort
;
and
thereby
a
fair
opportunity
of
containing
them
for
ever
under
their
awe
.
And
no
less
remarkable
was
the
benefit
that
redounded
to
this
Nation
hereby
;
for
had
the
great
men
holden
this
power
,
as
once
they
had
it
,
it
might
soon
have
endangered
the
liberty
of
the
Freemen
,
and
thereby
been
destructive
to
the
Fundamental
Constitution
of
the
Government
of
this
Realm
,
which
consisteth
in
the
just
and
equal
participation
of
these
Priviledges
,
wherein
all
are
equally
concerned
.
This
was
the
trial
wherein
the
people
of
this
Nation
were
made
happy
above
all
other
people
,
and
whereby
the
Freemen
,
as
they
had
the
Legislative
power
,
so
likewise
had
the
Juridical
;
and
thereby
,
next
under
God
,
an
absolute
dominion
over
themselves
and
their
Estates
.
For
though
this
course
of
trial
was
first
applied
to
matters
of
Crime
,
yet
it
soon
also
seized
upon
the
Common-pleas
,
which
for
the
most
part
was
the
work
of
main
import
in
the
Hundred
Court
;
and
suitable
hereunto
are
the
prescriptions
which
are
extant
in
the
Law-books
of
Cognizance
of
Pleas
,
and
Writs
of
Assize
,
&c.
from
the
times
of
the
Saxons
,
CHAP.
XXXIX
.
Of
passing
of
Judgement
and
Execution
.
AFter
Verdict
,
Judgement
passed
according
to
the
letter
of
the
Law
,
or
known
Custom
;
in
criminal
matters
,
according
to
the
greatness
of
the
offence
,
either
for
death
or
loss
of
Member
.
But
if
the
circumstances
favoured
the
Delinquent
,
he
was
admitted
to
redemption
of
Life
or
Member
,
by
Fine
also
setled
by
letter
of
the
Law
,
and
not
left
to
the
Judges
discretion
.
If
the
Crime
reached
onely
to
shameful
penance
,
Vinculis
coercere
rarum
est
.
In
case
of
Debt
or
Damage
,
the
recovery
thereof
was
in
nature
of
elegit
;
for
the
party
wronged
either
had
the
offenders
goods
to
him
delivered
,
or
the
value
in
money
upon
sale
of
the
goods
made
by
the
Sheriff
;
and
if
that
satisfied
not
,
salvo
contenemento
;
and
when
all
was
gone
,
the
Defendants
Arms
(
which
were
accounted
as
the
Nether-milstone
,
or
stock
of
maintenance
)
were
last
of
all
seized
;
CHAP.
XL.
Of
the
Penal
Laws
amongst
the
Saxons
.
PAssing
the
Courts
and
manner
of
proceedings
till
Sentence
,
we
are
now
come
to
the
particular
Laws
that
directed
the
Sentence
;
and
first
of
those
that
concerned
criminal
offences
.
During
the
Saxons
time
the
Commonwealth
was
in
its
minority
,
the
Government
tender
,
the
Laws
green
,
and
subject
to
bend
according
to
the
blast
of
time
and
occasion
,
and
according
to
the
different
dispositions
of
Governours
,
Ages
,
and
People
.
For
though
the
Saxons
were
in
name
our
first
matter
;
yet
not
they
onely
,
but
they
having
once
made
the
breach
open
,
and
entred
this
Island
,
it
became
a
common
receptacle
of
those
Eastern
people
,
the
Angles
,
Danes
,
Almains
,
and
Goths
,
as
their
several
Laws
left
with
us
in
power
do
not
obscurely
inform
us
;
and
amongst
all
the
rest
,
the
Goths
were
not
the
least
concerned
herein
;
for
the
Saxon
King
determining
what
people
shall
be
holden
Denizons
in
this
Kingdom
,
saith
,
That
the
Goths
ought
to
be
received
and
protected
in
this
Kingdom
,
as
sworn
Brethren
,
Kinsmen
,
and
proper
Citizens
of
this
Commonwealth
.
Nor
can
any
Nation
upon
earth
shew
so
much
of
the
ancient
Gothique
Law
as
this
Island
hath
.
Nevertheless
in
this
mixture
of
people
of
several
Nations
,
there
being
a
suitable
mixture
of
Laws
;
as
the
power
of
any
one
of
these
peoples
changed
,
so
likewise
did
their
Laws
change
in
power
;
and
long
it
was
ere
a
right
temper
of
one
uniform
Law
could
be
setled
:
yet
in
the
interim
,
these
short
remembrances
left
unconsumed
by
time
I
have
subjoyned
,
that
it
may
appear
their
motions
were
excellent
,
though
somewhat
inconstant
in
their
practice
.
Those
times
were
dark
,
and
yet
so
far
as
any
light
appeared
,
the
people
were
to
be
honoured
for
their
resolution
in
the
defence
thereof
.
For
there
was
few
of
the
Commandments
of
the
two
Tables
which
they
did
not
assert
by
Laws
by
them
made
,
the
third
and
tenth
excepted
;
which
latter
commands
the
inward
man
onely
,
and
whereof
God
hath
the
sole
cognizance
.
True
it
is
that
the
first
Commandment
containeth
much
of
the
same
nature
;
For
their
worship
of
God
,
That
it
should
be
set
up
in
the
Church
and
worshipped
:
I
say
,
It
hath
been
formerly
observed
,
that
the
Saxons
took
no
note
of
the
vice
of
prophane
swearing
and
cursing
;
which
crime
(
if
it
were
in
use
,
as
it
cannot
be
otherwise
conceited
but
it
was
)
as
the
times
then
were
,
false
swearing
,
till
Anselm's
time
.
True
it
is
,
that
Chrysostom
seemeth
zealous
against
all
swearing
;
but
that
was
his
personal
goodness
,
which
for
ought
appeareth
died
with
him
.
And
Anselm
contending
against
swearing
by
the
Creatures
,
and
idle
swearing
,
renders
his
grounds
in
such
manner
,
I
am
the
rather
induced
to
conceive
charitably
of
those
times
,
Lords
day
;
which
sheweth
,
that
so
far
as
their
knowledge
would
maintain
them
,
they
had
zeal
to
make
it
into
action
.
They
began
this
day
doubtless
as
other
days
,
according
to
the
custom
of
their
Forefathers
in
Germany
,
Nox
ducere
diem
videtur
.
And
because
they
would
not
allow
their
secular
affairs
to
trench
too
nigh
that
days
devotion
,
they
made
the
Lords
day
to
begin
on
Saturday
at
three
of
the
clock
in
the
afternoon
,
and
to
continue
till
Munday-morning
.
No
pastime
,
no
not
their
beloved
sport
of
Hunting
,
In
their
Conversation
with
men
,
Proditores
,
&
transfugas
arboribus
suspendunt
.
If
in
any
thing
the
Saxons
were
indulgent
,
matters
of
Blood
;
for
they
were
a
warlike
people
,
and
looked
upon
it
as
under
the
regiment
of
valour
;
and
therefore
it
was
punished
only
with
fine
,
according
to
the
old
rule
,
deadly
feud
;
and
so
under
colour
of
punishing
Murder
with
revenge
,
recepitque
satisfactionem
universa
domus
.
Alfred
,
Edmond
,
Canutus
,
and
Edward
,
the
Saxon
Kings
.
Yet
one
custom
first
begun
by
the
Danes
,
Fightwitt
,
Grithbrece
,
or
Frithbreck
;
and
the
Delinquent
ordinarily
put
in
sureties
for
the
peace
for
future
time
.
The
fine
was
increased
by
the
number
of
Delinquents
joyning
in
the
fact
:
for
if
seven
joyned
,
holy
ground
,
Adultery
among
the
old
Germans
was
holden
a
crime
of
a
high
nature
;
Robbery
amongst
the
Lacedemonians
was
accounted
but
a
trick
of
youth
,
the
Athenians
thoughts
were
more
severe
.
The
Germans
likewise
differed
in
their
censures
concerning
it
;
the
Saxons
punished
it
with
death
,
Burning
of
woods
was
finable
by
Ina's
Law
;
but
Burglary
was
Felony
.
&
deterioratus
est
,
&c.
The
Saxons
were
utter
enemies
to
Perjury
;
CHAP.
XLI
.
Of
the
Laws
of
Property
,
of
Lands
and
Goods
,
and
their
manner
of
Conveyance
.
THus
passing
over
some
tops
of
Saxon
penal-Laws
,
eye
for
eye
,
tooth
for
tooth
,
&c.
it
now
remains
as
lightly
to
glance
at
a
few
generals
concerning
the
setling
and
property
of
possessions
in
point
of
Title
;
concerning
which
,
although
it
be
true
that
the
Conquerors
of
this
part
of
the
Isle
were
a
body
aggregate
of
many
Nations
or
peoples
,
and
so
divers
customs
must
necessarily
settle
by
common
intendment
in
several
places
,
according
as
they
chose
their
habitation
:
yet
the
general
custom
of
the
Germans
,
as
touching
descent
of
inheritance
,
was
to
the
eldest
Son.
That
the
Horse
of
the
party
dead
went
not
to
the
eldest
Son
,
ut
caetera
,
but
to
the
most
valiant
man
amongst
them
of
that
Linage
;
which
words
ut
caetera
do
plainly
intimate
,
that
other
matters
of
profit
passed
to
the
eldest
Son
in
point
of
descent
.
Nor
can
I
conceive
how
men
should
be
induced
to
conceit
,
that
the
custom
of
Gavelkind
was
the
ancient
general
custom
of
the
Germans
.
It
is
true
,
the
words
of
the
same
Historian
have
misled
some
;
the
words
are
,
Haeredes
tamen
&
successores
cuique
liberi
;
these
taken
collectively
,
I
grant
may
import
somewhat
tending
that
way
;
but
they
may
as
properly
be
taken
disjunctively
,
that
the
Children
inherit
by
course
;
and
if
none
such
were
,
then
the
Brothers
;
if
they
failed
,
then
uncles
.
And
it
is
not
only
evident
,
that
in
the
publick
Succession
to
the
Crown
they
had
an
eye
this
way
,
but
in
the
descent
of
private
and
particular
estates
,
as
by
many
instances
out
of
those
old
Histories
may
appear
;
and
had
any
other
custom
been
general
,
Alfreds
rule
by
Moses
Law
had
never
succeeded
;
nor
could
that
other
custom
hold
out
against
the
constant
desire
of
the
Saxons
to
perpetuate
their
Families
in
greatness
and
honour
:
all
which
,
besides
the
express
Laws
set
forth
in
the
Codes
,
are
in
my
conceit
sufficient
to
induce
an
Historical
Faith
,
That
the
general
course
of
descent
was
to
the
eldest
Sons
,
and
not
to
all
joyntly
.
Nevertheless
out
of
this
Estate
of
Inheritance
,
divers
particular
estates
were
created
,
as
well
by
common
custom
,
as
by
the
especial
act
of
the
owner
of
such
an
estate
.
Such
of
them
as
were
wrought
by
custom
,
was
occasioned
from
Marriage
,
whereby
if
the
man
was
setled
of
such
estate
as
formerly
hath
been
recited
,
and
died
,
his
Wife
surviving
,
by
ancient
custom
she
had
her
Dower
,
free
pledge
for
his
servants
:
uncompt
Germans
,
or
barbarous
Britans
,
but
of
the
wise
Greeks
,
and
received
(
as
may
be
supposed
)
from
the
Lacedemonians
,
upon
as
good
ground
as
the
Wife
of
Leonidas
the
Lacedemonian
King
rendred
;
who
being
asked
why
the
Lacedemonian
women
ruled
their
Husbands
:
It
is
true
,
said
she
,
for
we
only
know
how
to
obey
our
Husbands
.
A
second
particular
estate
,
which
the
Law
derived
out
of
the
inheritance
,
was
advancement
to
the
Husband
;
for
the
Saxons
were
not
so
stupid
as
to
refuse
favour
proffered
:
and
therefore
they
made
a
Law
of
Counter-tenure
to
that
of
Dower
,
which
we
commonly
call
tenure
by
the
curtesie
of
England
;
Curtesie
of
England
.
which
was
but
a
perquisite
of
the
Wives
estate
given
to
the
Husband
,
in
case
he
over-lived
his
Wife
,
and
had
issue
by
her
born
alive
.
The
name
was
probably
given
by
the
Normans
,
who
as
it
seemeth
had
no
such
custom
;
and
therefore
they
gave
it
the
name
from
the
English
(
albeit
since
that
time
Scotland
hath
also
allowed
it
amongst
them
)
Estates
that
were
derived
out
of
the
Estate
of
an
Inheritance
by
the
act
of
the
party
,
either
were
such
as
concerned
the
whole
Inheritance
,
or
part
thereof
.
That
which
concerned
the
whole
Inheritance
,
was
nothing
but
a
parcelling
of
it
out
according
to
the
will
of
the
giver
;
and
this
was
afterwards
called
Estate
Tail
;
from
the
Lance
to
the
Spindle
.
But
the
Danes
possibly
might
prevent
this
in
the
continuance
thereof
;
for
they
brought
along
with
them
that
which
was
formerly
the
Saxon
custom
,
That
the
Will
of
the
Conveyor
should
be
strictly
observed
:
Another
custom
of
Inheritance
was
catcht
I
know
not
how
,
it
's
called
Burrough
English
,
Another
custom
of
descent
remaineth
,
and
that
is
to
the
Children
indifferently
,
Gave-all
kind
:
and
by
the
very
name
seemeth
at
the
first
to
arise
rather
from
the
donation
of
the
Parent
or
other
Ancestor
,
contrary
to
common
custom
,
than
by
common
Law
;
otherwise
no
need
had
been
of
an
especial
name
.
In
the
Original
it
seems
it
equally
concerned
all
,
both
Sons
and
Daughters
,
as
partners
;
and
for
want
of
such
,
the
Brothers
and
Sisters
.
It
seemeth
to
be
first
the
Law
of
the
Goths
or
Jutes
;
The
manner
of
conveying
of
Estates
between
party
and
party
,
viz.
That
all
such
as
hold
Lands
by
Deed
in
Writing
should
hold
them
according
to
the
intent
thereof
,
and
not
alien
the
same
contrary
thereunto
,
the
intent
thereof
being
proved
by
the
Witnesses
.
The
nature
of
the
Conveyances
in
these
ancient
times
may
appear
by
a
Deed
of
one
of
the
Kings
of
this
Island
about
400
years
before
the
Conquest
,
whereby
he
granted
Four
Plough-lands
in
the
Isle
of
Thanet
,
unto
an
Abbess
;
wherein
,
instead
of
that
which
we
now
call
the
habendum
,
the
King
,
do
confirm
this
Grant
and
Liberty
,
by
subscription
of
my
own
hand
,
and
under
the
seal
of
the
holy
Cross.
True
it
is
,
Ingulphus
tells
us
that
Seals
to
Deeds
were
of
Norman
original
;
I
believe
his
intent
is
concerning
Seals
of
Wax
annexed
or
affixed
unto
Deeds
.
Lastly
,
in
those
days
also
they
used
to
attest
their
Deeds
,
That
was
the
Roman
fashion
;
but
the
more
ancient
German
way
of
Conveyance
was
by
Livery
and
Seisin
,
Every
man
had
liberty
to
execute
the
Law
of
his
Inheritance
in
his
life-time
;
but
some
were
surprized
with
sudden
occasions
,
and
unexpected
issues
and
ends
;
and
in
such
cases
they
did
what
they
could
to
declare
their
intents
by
last
Will
;
Tacitus
,
Et
nullum
est
testamentum
,
in
any
rational
way
be
expounded
in
this
sence
,
if
we
consider
the
Context
,
which
runneth
thus
:
Haeredes
&
successores
cuique
liberi
,
&
nullum
est
testamentum
.
Which
in
my
opinion
founds
in
this
sence
:
The
Heirs
and
Successours
to
every
one
are
his
Children
,
and
there
is
no
testamentary
power
to
disherit
or
alter
the
course
of
Descent
,
which
by
Custom
or
Law
is
setled
.
Otherwise
to
deny
them
the
use
of
all
testamentary
power
,
was
a
matter
quite
abhorring
the
custom
of
all
the
Grecians
,
from
whom
they
learned
all
that
they
had
.
last
Will
,
as
by
the
testament
of
Aethelwolf
,
and
others
of
the
like
nature
,
in
Histories
may
appear
.
The
Conveyances
formerly
mentioned
concerned
Lands
and
Goods
;
in
case
any
one
died
intestate
,
the
Children
should
equally
divide
the
Goods
;
which
I
take
to
be
understood
with
a
salvo
of
the
Wifes
Dower
or
Portion
.
As
yet
therefore
the
Ordinaries
have
nothing
to
do
with
the
Administration
,
for
Goods
passed
by
descent
as
well
as
Lands
;
and
upon
this
custom
the
Writ
de
rationabili
parte
bonorum
was
grounded
at
the
Common-law
,
as
well
for
the
Children
as
the
Wifes
part
,
CHAP.
XLII
.
Of
times
of
Law
,
and
Vacancy
.
SUch
like
,
as
hath
been
shewed
,
was
the
course
of
Government
in
those
darker
times
;
nor
did
the
fundamentals
alter
either
by
the
diversity
and
mixture
of
people
of
several
Nations
in
the
first
entrance
,
nor
from
the
Danes
or
Normans
in
their
survenue
:
not
onely
because
in
their
original
they
all
breathed
one
air
of
the
Laws
and
Government
of
Greece
,
but
also
they
were
no
other
than
common
dictates
of
nature
refined
by
wise
men
,
which
challenge
a
kinde
of
awe
in
the
sense
of
the
most
barbarous
.
I
had
almost
forgot
one
circumstance
,
which
tended
much
to
the
honour
of
all
the
rest
,
that
is
,
their
speedy
execution
of
Justice
;
for
they
admitted
no
delays
,
till
upon
experience
they
found
that
by
staying
a
little
longer
they
had
done
the
sooner
:
and
this
brought
forth
particular
times
of
exemption
,
Lords
day
,
Saints
days
,
Fasts
,
Ember
days
;
for
even
those
days
were
had
in
much
honour
.
Nor
onely
days
,
but
seasons
;
as
from
Advent
to
the
Octaves
of
Epiphany
;
from
Septuagesima
till
Fifteen
days
after
Easter
,
or
(
as
by
the
Laws
of
the
Confessor
)
till
Eight
days
after
Easter
;
and
from
Ascention
to
the
Eighth
day
after
Pentecost
.
And
though
as
Kings
and
times
did
change
,
so
these
seasons
might
be
diversly
cut
out
,
as
the
Laws
of
Alfred
,
Aethelstan
,
Aetheldred
,
Edgar
,
Canutus
,
and
Edward
,
do
manifest
;
yet
all
agreed
in
the
season
of
the
year
,
and
that
some
were
more
fit
for
holy
observation
than
others
.
And
thus
by
the
devotion
of
Princes
,
and
power
of
the
Clergy
,
the
four
Terms
of
the
year
were
cut
out
for
course
of
Law
in
the
Kings
Court
,
the
rest
of
the
year
being
left
vacant
for
the
exercise
and
maintenance
of
Husbandry
,
and
particular
callings
and
imployments
;
saving
that
even
in
those
times
the
Courts
of
the
County
and
Hundred
held
their
ancient
and
constant
course
.
CHAP.
XLIII
.
The
end
of
the
Saxon
Government
.
ANd
this
far
of
the
joynts
of
the
Saxon
Government
in
their
Persons
,
Precincts
,
Courts
,
Causes
,
and
Laws
;
wherein
as
the
distance
will
permit
,
and
according
to
my
capacity
,
I
have
endeavoured
to
refresh
the
Image
of
the
Saxon
Commonwealth
,
the
more
curious
lineaments
being
now
disfigured
by
time
.
Afar
off
it
seems
a
Monarchy
,
but
in
approach
discovers
more
of
a
Democracy
;
and
if
the
temper
of
a
body
may
appear
by
the
prevailing
humour
towards
age
,
that
Government
did
still
appear
more
prevalent
in
all
assaults
both
of
time
and
change
.
The
first
great
change
it
felt
was
from
the
Danes
that
stormed
them
,
and
shewed
therein
much
of
the
wrath
both
of
God
and
man
.
And
yet
they
trenched
not
upon
the
fundamental
Laws
of
the
peoples
Liberty
.
The
worst
effect
was
upon
the
Church
,
in
the
decay
of
the
power
of
Religion
and
the
Worship
of
God.
For
after
much
toil
and
loss
both
of
sweat
and
bloud
,
the
Danes
(
finding
that
little
was
to
be
gotten
by
blows
but
blows
,
and
that
the
Clergy
at
the
least
was
the
side-wind
in
the
course
of
all
affairs
)
laid
aside
their
Paganism
,
and
joyned
with
the
Clergie
:
and
as
their
Converts
and
Pupils
,
gained
not
onely
their
quiet
residence
,
but
by
the
favour
of
the
Clergie
to
make
trial
of
the
Throne
;
and
therein
served
the
Clergie
so
well
,
as
they
brought
the
people
to
a
perfect
Idolatry
,
with
times
,
places
,
and
persons
,
and
subjection
of
their
Estates
to
Church-Tributes
.
And
as
at
Tennis
,
the
Dane
and
Bishop
served
each
other
with
the
fond
Country-man
,
that
whether
Lord
Dane
or
Lord-Bishop
was
the
greater
burthen
,
is
hard
to
be
determined
.
Thus
became
ambitious
Prelacy
in
its
full
glory
,
and
the
poor
Church
of
Christ
clouded
in
darkness
,
and
little
hold
left
for
recovery
,
but
onely
by
the
liberty
of
the
Saxon
Freemen
,
which
the
Danes
could
never
conquer
;
not
for
want
of
will
or
power
,
but
of
time
and
occasion
:
For
the
Crown
returned
to
the
Saxon-line
again
after
the
half
age
of
one
man
,
although
it
was
worn
by
three
;
so
God
would
have
it
:
nor
did
any
monument
of
the
Danish
Government
remain
,
saving
a
few
customs
in
some
places
,
which
shew
rather
that
the
Danes
were
here
,
than
that
they
ruled
here
.
To
sum
up
all
;
The
Saxon
Common-wealth
was
a
building
of
greatest
strength
downward
even
to
the
foundation
,
arched
together
both
for
Peace
and
War
.
That
by
the
Law
of
Decenners
,
wherein
Justice
was
the
bond
,
their
Armies
were
gathered
,
not
by
promiscuous
flocking
of
people
,
but
by
orderly
concurrence
of
Families
,
Kindreds
,
and
Decenners
,
It
was
a
beautiful
composure
,
mutually
dependant
in
every
part
from
the
Crown
to
the
Clown
;
the
Magistrates
being
all
choice
men
,
and
the
King
the
choicest
of
the
chosen
:
election
being
the
birth
of
esteem
,
and
that
of
merit
;
this
bred
love
and
mutual
trust
,
which
made
them
as
corner-stones
,
pointed
forward
to
break
the
wave
of
danger
.
Nor
was
other
reward
expected
by
the
great
men
,
but
honour
and
admiration
,
which
commonly
brought
a
return
of
acts
of
renown
.
Lastly
,
it
was
a
regular
frame
in
every
part
,
squared
and
made
even
by
Laws
,
which
in
the
people
ruled
as
Lex
loquens
,
and
in
the
Magistrate
as
Lex
intelligens
;
all
of
them
being
grounded
on
the
wisdom
of
the
Greeks
,
and
Judicials
of
Moses
.
Thus
the
Saxons
became
somewhat
like
the
Jews
,
distinct
from
all
other
people
;
their
Laws
honourable
for
the
King
,
easie
for
the
Subject
;
and
their
Government
,
above
all
other
,
likest
unto
that
of
Christ's
Kingdom
,
whose
Yoke
is
easie
,
and
Burthen
light
.
But
their
motion
proved
so
irregular
,
as
God
was
pleased
to
reduce
them
by
another
way
.
CHAP.
XLIV
.
Of
the
Norman
entrance
.
THus
was
England
become
a
goodly
Farm
:
The
Britons
were
the
Owners
,
the
Saxons
the
Occupants
,
having
no
better
title
than
a
possession
upon
a
forcible
entry
,
with
a
continuando
for
the
space
of
Four
hundred
years
:
seldom
quiet
,
either
from
the
claim
and
disturbances
of
the
restless
Britons
,
or
invading
Danes
;
who
not
onely
got
footing
in
the
Country
,
but
setled
in
the
Throne
;
and
after
gave
over
the
same
to
the
use
(
as
it
proved
)
of
another
people
sprung
from
the
wilde
stock
of
Norway
,
and
thence
transplanted
into
a
milder
Climate
,
yet
scarcely
civilized
.
That
in
one
Isle
the
glory
of
God's
bounty
might
shine
forth
to
all
the
barbarism
of
Europe
,
in
making
a
beautiful
Church
out
of
the
refuse
of
Nations
.
These
were
the
Normans
out
of
the
continent
of
France
,
that
in
their
first
view
appeared
like
the
Pillar
of
the
Cloud
,
with
terrour
of
Revenge
upon
the
Danish
pride
,
the
Saxon
cruelty
,
and
Idolatry
of
both
people
.
But
after
some
distance
shewed
like
the
Pillar
of
fire
,
clearing
God's
providence
for
the
good
of
this
Island
,
to
be
enjoyed
by
the
succeeding
generations
.
Nor
was
this
done
by
Revelation
or
Vision
,
but
by
over-ruling
the
aspiring
mind
of
Duke
William
of
Normandy
to
be
a
scourge
unto
Harold
for
his
usurpation
,
and
unto
the
people
for
their
causless
deserting
the
Royal
Stem
.
Yet
because
the
haughtiest
spirit
is
still
under
fame
and
opinion
,
and
cannot
rest
without
pretence
or
colour
of
Right
and
Justice
,
the
Duke
first
armed
himself
with
Titles
,
which
were
too
many
to
make
one
good
claim
;
and
served
rather
to
busie
mens
mindes
with
musing
,
whilst
he
catcheth
the
prey
,
than
settle
their
judgements
in
approving
of
his
way
.
First
,
he
was
Cousin-german
to
the
Confessor
,
and
he
childless
;
and
thus
the
Duke
was
nigh
,
though
there
were
nigher
than
he
:
but
the
worst
point
in
the
case
was
,
that
the
Duke
was
a
Bastard
,
and
so
by
the
Saxon
Law
without
the
line
;
nor
was
there
other
salve
thereto
but
the
Norman
custom
,
that
made
no
difference
;
so
as
the
Duke
had
a
colour
to
frame
a
Title
,
though
England
had
no
Law
to
allow
it
.
And
this
was
the
best
flower
of
his
Garland
,
when
he
meant
to
solace
himself
with
the
English
,
as
may
appear
by
what
his
Son
Henry
the
first
sets
forth
to
the
World
in
his
Charter
whereby
he
advanced
the
Abbey
of
Ely
into
the
degree
of
a
Bishoprick
;
and
wherein
,
amongst
his
other
titles
,
But
if
that
came
short
,
he
had
the
bequest
of
the
Confessor
,
who
had
designed
the
Duke
to
be
his
Successor
:
and
this
was
confirmed
by
the
consent
of
the
Nobility
,
But
if
all
failed
,
yet
the
Duke
had
now
a
just
cause
of
quarrel
against
Harold
for
breach
of
Oath
and
Covenant
;
the
quarrel
was
Personal
,
and
not
National
.
But
this
mask
soon
fell
off
by
the
death
of
Harold
;
and
the
Duke
must
now
explain
himself
,
that
it
was
the
value
of
the
English
Crown
,
and
not
the
Title
,
that
brought
him
over
.
For
though
he
might
seem
as
it
were
in
the
heat
of
the
chase
to
be
drawn
to
London
,
where
the
Crown
was
,
and
that
he
rather
sought
after
his
Enemies
than
it
;
yet
assoon
as
he
perceived
the
Crown
in
his
power
,
he
disputed
not
the
right
,
although
that
was
Edgar's
,
but
possessed
himself
of
the
long-desired
prey
:
and
yet
he
did
it
in
a
mannerly
way
,
as
if
he
saw
in
it
somewhat
more
than
Gold
and
precious
Stones
:
for
though
he
might
have
taken
it
by
ravishment
,
yet
he
chose
the
way
of
wooing
by
a
kind
of
mutual
agreement
.
Thus
this
mighty
Conqueror
suffered
himself
to
be
conquered
,
and
stooping
under
the
Law
of
a
Saxon
King
,
he
became
a
King
by
lieve
;
wisely
foreseeing
,
that
a
Title
gotten
by
Election
,
is
more
certain
than
that
which
is
gotten
by
Power
.
CHAP.
XLV
.
That
the
Title
of
the
Norman
Kings
to
the
English
Crown
was
by
Election
.
SOme
there
are
that
build
their
opinion
upon
passionate
notes
of
angry
Writers
,
and
do
conclude
that
the
Duke's
way
and
Title
was
wholly
by
Conquest
,
and
thence
infer
strange
aphorisms
of
State
,
destructive
to
the
Government
of
this
Kingdom
.
Let
the
Reader
please
to
peruse
the
ensuing
particulars
,
and
thence
conclude
as
he
shall
see
cause
.
It
will
easily
be
granted
that
the
Title
of
Conquest
was
never
further
than
the
King's
thoughts
,
if
it
ever
entred
therein
:
else
wherefore
did
he
pretend
other
Titles
to
the
world
?
But
because
it
may
be
thought
that
his
wisdom
would
not
suffer
him
to
pretend
what
he
intended
,
and
yet
in
practice
intended
not
what
he
did
pretend
;
it
will
be
the
skill
of
the
Reader
to
consider
the
manner
of
the
first
William's
Coronation
,
and
his
succeeding
Government
.
His
Coronation
questionless
was
the
same
with
that
of
the
ancient
Saxon
Kings
;
for
he
was
crowned
in
the
Abbey
of
Westminster
by
the
Archbishop
of
York
,
because
he
of
Canterbury
was
not
Canonical
.
bonae
,
&
approbatae
,
&
antiquae
legis
Regni
;
to
defend
the
Church
and
Church-men
;
to
govern
all
the
people
justly
;
to
make
and
maintain
righteous
Laws
;
and
to
inhibit
all
spoil
and
unjust
judgements
.
The
people
also
entred
into
Covenant
with
him
,
That
as
well
within
the
Land
as
without
,
they
would
be
faithful
to
their
Lord
King
William
,
and
in
every
place
to
keep
with
all
fidelity
his
Lands
and
Honours
,
together
with
him
,
and
against
Enemies
and
Strangers
to
defend
.
It
is
the
self-same
in
substance
with
the
fealty
that
the
Saxons
made
to
their
Kings
,
as
will
appear
by
the
parallelling
them
both
together
.
The
Saxons
were
sworn
to
defend
the
Kingdom
against
Strangers
and
Enemies
,
together
with
their
Lord
the
King
,
and
to
preserve
his
Lands
and
Honours
,
together
with
him
,
with
all
faithfulness
;
so
as
by
the
Saxon
way
,
the
Allegiance
first
terminated
on
the
Kingdom
,
and
then
,
as
in
order
thereunto
,
upon
the
King
,
with
his
Lands
and
Honours
.
But
the
Norman
either
wholly
omitted
the
first
,
as
needless
to
be
inserted
in
a
municipal
Law
,
it self
being
a
Law
in
nature
;
or
else
includeth
all
within
the
words
Lands
and
Honours
,
taking
the
same
in
a
comprehensive
sence
for
the
whole
Kingdom
,
and
so
made
up
the
sum
of
the
Saxon
fealty
in
fewer
figures
.
Which
may
seem
the
more
probable
of
the
twain
,
because
little
reason
can
be
rendred
why
the
King
should
restrain
that
defence
to
his
private
Lands
(
if
he
claimed
all
by
Conquest
)
whenas
all
equally
concerned
him
;
or
why
he
should
exclude
the
publick
,
whenas
both
himself
and
all
he
had
was
embarqued
therein
,
and
it
might
subsist
without
him
,
but
contrarily
not
he
without
it
,
appeareth
not
to
my
understanding
;
nor
did
the
thing
enter
into
the
King's
purpose
,
if
the
file
of
his
purposes
be
rightly
considered
:
For
speaking
concerning
Castles
,
Burroughs
,
and
Cities
,
which
are
in
nature
limbs
of
the
Common-wealth
,
they
were
built
for
the
defence
of
the
people
and
Kingdom
.
Was
this
the
service
of
Walls
and
Fortifications
,
and
not
much
rather
of
men
within
those
places
of
strength
?
Certainly
the
plain
English
is
,
that
in
time
of
breach
of
publick
quiet
and
peace
,
the
Subjects
were
bound
to
defend
the
Kingdom
,
and
in
order
thereto
the
people
of
the
same
,
and
of
the
King
's
right
included
in
the
publick
defence
;
else
it
were
a
strange
conclusion
,
that
each
man
in
particular
,
and
in
their
own
personalone
,
was
bound
to
defend
the
King
's
right
;
but
being
imbodied
,
the
Kingdom
.
And
yet
more
clearly
it
's
apparent
,
in
that
the
service
of
the
order
of
Knight-hood
,
which
was
the
chief
strength
of
the
Nation
in
those
days
,
was
determined
upon
the
service
of
the
King
,
and
defence
of
the
Kingdom
;
or
which
is
more
plain
,
for
the
service
of
the
King
in
or
for
defence
of
the
Kingdom
,
free
men
should
be
sworn
Brethren
;
1.
To
defend
the
Kingdom
with
their
lives
and
fortunes
against
all
enemies
,
to
the
utmost
of
their
power
.
2.
To
keep
the
peace
and
dignities
of
the
Crown
.
3.
To
maintain
right
and
justice
by
all
means
,
without
deceit
and
delay
.
Joyn
then
these
two
Oaths
together
,
viz.
that
of
fealty
,
and
this
of
fraternity
;
and
it
will
easily
appear
,
that
the
Allegiance
of
the
English
to
the
Norman
Kings
was
no
other
than
what
might
stand
with
Brotherhood
,
and
tender
regard
of
the
publick
above
all
:
and
differing
from
the
Saxon
fealty
on●y
in
this
,
that
that
was
in
one
Oath
,
and
this
in
two
.
Wherefore
whatsoever
respects
steered
in
the
rear
of
the
King's
course
,
it
is
less
material
so
long
as
the
van
was
right
;
albeit
that
the
sequel
will
prove
not
much
different
from
the
premises
,
as
will
appear
in
the
foot
of
the
whole
account
.
Thus
entred
the
first
Norman
upon
the
Saxon
Throne
;
William
Rufus
,
that
was
of
his
Fathers
way
,
but
of
a
deeper
dye
;
and
therefore
might
well
be
called
William
Rufus
,
or
William
in
grain
.
He
was
exceeding
happy
in
the
fear
or
favour
of
the
people
,
for
he
had
nothing
else
to
make
room
for
his
rising
.
True
it
is
,
he
had
the
good
will
of
his
Father
,
but
he
was
dead
;
and
probably
the
people
as
little
regarded
it
,
as
he
did
them
.
Nor
was
it
ever
observed
that
the
English
Crown
was
of
so
light
account
,
as
to
pass
by
devise
of
cestui
que
use
;
and
therefore
though
it
was
designed
to
him
from
his
Father
,
yet
both
right
and
possession
was
left
to
the
people
to
determine
and
maintain
.
The
Clergy
first
led
the
way
,
Exit
William
Rufus
,
Norman
Williams
had
often
confirmed
by
solemn
protestations
and
promises
;
however
their
actions
,
capitulation
,
election
,
and
stipulation
;
and
for
the
general
,
had
some
regard
to
suit
their
course
in
order
of
retaining
the
good
will
of
their
people
,
although
in
a
different
measure
,
according
to
the
differency
of
occasions
.
CHAP.
XLVI
.
That
the
Government
of
the
Normans
proceeded
upon
the
Saxon
principles
;
and
first
of
Parliaments
.
THE
principles
which
I
mean
,
are
these
:
First
,
the
Legislative
power
,
and
influence
thereof
upon
the
whole
.
Secondly
,
the
Members
of
that
Government
,
with
their
several
motions
.
Thirdly
,
the
Laws
and
Customs
,
or
Rules
of
those
Motions
.
And
first
concerning
the
Legislative
power
.
Although
it
be
true
that
the
first
Williams
great
and
most
constant
labour
was
to
have
and
to
hold
,
and
had
but
little
time
or
liberty
to
enjoy
;
yet
that
time
of
rest
which
he
had
,
did
apply
it
and
himself
in
the
setling
of
the
Laws
by
the
advice
of
Common-council
:
I
say
,
not
by
advice
of
his
own
heart
,
or
two
or
three
Norman
Lords
,
Legislative
power
and
right
of
cognizance
,
and
judicature
in
those
Laws
that
concerned
the
Kingdom
in
general
;
and
for
the
particular
Laws
or
Customs
of
several
places
or
Precincts
,
it
was
referred
to
a
Committee
or
Jury
in
every
County
to
set
them
forth
upon
Oath
.
Secondly
,
that
this
Council
had
power
to
change
Laws
,
may
likewise
appear
in
that
Act
made
concerning
the
introduction
of
the
Canon-Law
,
Common
council
,
and
the
Council
of
the
Archbishops
,
Bishops
,
Abbots
,
and
all
the
Princes
of
the
Kingdom
;
which
connexion
shews
plainly
,
that
there
was
a
Council
besides
that
of
the
Prelates
and
Princes
.
Thirdly
,
in
matters
of
general
charge
upon
the
whole
body
of
the
people
,
the
King
used
also
the
help
of
this
Grand-council
,
as
may
especially
appear
in
the
charge
of
Arms
imposed
upon
the
Subjects
;
Common
council
of
the
whole
Kingdom
;
as
is
witnessed
even
by
the
Kings
own
Law.
It
may
seem
also
,
that
the
grand
Officers
of
the
State
were
elected
by
such
grand
assembly
of
the
wise
men
;
for
we
find
that
Lanfrank
was
elected
to
the
See
of
Canterbury
by
the
assent
of
the
Lords
and
Prelates
,
and
of
the
whole
people
,
that
is
,
conventu
Episcoporum
atque
Laicorum
.
Lastly
,
that
one
Law
of
the
Kings
,
which
may
be
called
the
first
Magna
Charta
in
the
Norman
times
,
by
which
the
King
reserved
to
himself
from
the
free-men
of
this
Kingdom
nothing
but
their
free
service
,
William
Rufus
was
a
man
of
resolution
no
whit
inferiour
,
if
not
surpassing
his
Father
;
and
had
wit
enough
for
any
thing
but
to
govern
his
desires
,
which
led
him
many
times
wild
,
and
might
occasion
conceit
that
he
was
almost
a
mad
King
,
though
he
were
a
witty
man
;
and
therefore
it
is
the
less
marvail
if
he
used
not
the
help
of
the
Common-council
more
than
needs
must
;
where
Kings
many
times
are
told
of
that
which
they
are
loth
to
know
.
Nevertheless
William
the
second
could
not
pass
over
thirteen
years
without
a
parley
with
his
Commons
and
Clergy
,
unless
he
meant
to
adventure
a
parley
between
them
and
his
Brother
Robert
,
who
like
an
Eagle
eyed
his
posture
,
though
he
hovered
afar
off
.
But
Henry
the
first
was
more
wise
,
and
being
trained
up
even
from
the
Cradle
in
the
English
garb
,
moralized
by
Learning
,
and
now
admitted
into
the
Throne
,
found
it
the
wisest
course
to
apply
himself
to
the
rule
of
an
English
King
,
viz.
To
win
and
maintain
the
good
opinion
of
the
people
,
by
consorting
together
with
them
under
one
Law
;
and
pledging
himself
thereto
,
by
taking
unto
Wife
one
of
the
English
Blood-royal
:
by
this
means
he
refeised
and
reassumed
the
English
,
in
partnership
with
the
Norman
in
their
ancient
right
of
Government
;
and
reconciled
the
minds
of
the
people
,
under
a
lively
hope
of
enjoying
a
setled
Government
.
Nor
were
they
greatly
deceived
herein
,
for
his
course
was
less
planetary
than
that
of
either
of
his
predecessors
;
and
yet
we
find
little
said
of
his
parley
with
his
people
in
a
Parliamentary
way
,
although
more
of
his
Laws
than
of
any
of
his
predecessors
.
The
reason
will
rest
in
this
,
that
the
Writers
of
those
times
touch
more
upon
matters
of
ordinary
than
political
observation
,
and
regarded
rather
the
thing
,
than
the
place
or
manner
how
.
The
Laws
therefore
,
CHAP.
XLVII
.
Of
the
Franchise
of
the
Church
in
the
Normans
time
.
THE
Canon-Law
,
that
ever
since
Austin's
coming
,
like
Thunder
,
rumbled
in
the
Clouds
,
now
breaks
forth
with
confusion
to
all
opposers
.
It
had
formerly
made
many
fair
proffers
of
service
to
this
Island
,
but
it
was
disaccepted
,
as
too
stately
to
serve
;
yet
by
often
courtesies
received
,
it
was
allowed
as
a
Friend
afar
off
.
For
the
vast
body
of
the
Roman
Empire
,
like
a
body
wasting
with
age
,
died
upward
,
and
left
the
Britains
to
their
own
Laws
,
before
the
second
Beast
was
grown
;
which
being
young
,
was
nourished
under
the
Imperial
Law
of
the
first
Beast
,
till
it
grew
as
strong
as
its
Dam
,
and
began
to
prey
for
it self
.
The
Empire
perceiving
its
grey
hairs
,
and
the
youthful
courage
of
this
Upstart
,
was
glad
to
enter
mutual
League
with
it
,
That
to
maintain
the
Ecclesiastical
Monarchy
,
and
This
again
to
support
the
Imperial
:
and
so
became
the
Canon
and
Imperial
Law
to
be
united
,
and
the
Professours
to
be
utriusque
juris
.
But
this
parity
continued
not
long
;
the
young
Beast
looked
like
a
Lamb
,
but
spake
like
a
Lion
;
and
contrarily
,
the
Eagle
had
cast
its
Feathers
,
and
could
towre
no
more
;
so
as
by
this
time
the
Pope
was
too
good
for
the
Emperour
,
and
the
Canon-Law
above
the
Imperial
;
yet
allowing
it
to
serve
the
turn
:
And
so
the
Professours
of
both
Laws
became
Students
in
the
Civil
,
but
Practisers
of
the
Canon
.
This
Composition
thus
made
beyond
the
Seas
,
the
great
work
was
how
to
transport
it
over
into
this
Isle
:
for
the
Emperour
could
entitle
the
Pope
to
no
power
here
,
because
none
he
had
.
Austin
the
Monk
undertakes
the
work
;
he
offers
it
to
the
Britains
under
the
goodly
Title
of
Universal
Bishop
:
but
they
kept
themselves
out
of
Canon-shot
.
The
Saxons
allowed
the
Title
,
but
liked
not
the
power
;
the
Monk
observed
the
stop
,
and
left
time
to
work
out
that
which
present
cunning
could
not
,
being
content
for
the
present
that
a
League
of
Cohabitation
should
be
made
between
the
two
Swords
,
No
offence
against
the
Bishops
Laws
,
shall
be
handled
in
the
Hundred
.
By
the
Saxon
Law
,
Church-matters
had
the
preheminence
both
in
the
Hundred
and
in
the
County
;
and
it
was
the
Bishop's
duty
to
joyn
with
the
Sheriff
in
those
Courts
,
to
direct
and
see
to
the
administration
of
Justice
:
and
yet
the
Canon
had
been
above
three
hundred
years
foregoing
in
the
Negative
.
No
Case
concerning
the
Regiment
of
Souls
,
shall
be
brought
before
the
Secular
Judge
.
The
Regiment
of
Souls
was
a
common
place
sufficient
to
contain
any
thing
that
was
in
order
thereunto
:
and
so
every
one
that
hath
a
Soul
,
must
be
no
more
responsible
unto
the
temporal
Judge
for
any
matter
concerning
it
,
but
unto
the
Ecclesiastical
power
:
And
this
not
onely
in
case
of
scandal
,
as
against
the
moral
Law
or
rule
of
Faith
;
but
for
disobedience
done
to
the
Canons
,
made
afar
off
,
concerning
any
gesture
or
garb
that
may
come
within
the
savour
of
an
Ecclesiastical
conceit
.
That
all
Delinquents
against
the
Bishops
Laws
,
shall
answer
the
Fact
in
a
place
appointed
by
the
Bishop
to
that
end
.
So
as
now
the
Bishop
hath
gotten
a
Court
by
the
Statute-Law
,
that
had
formerly
no
other
Cards
to
shew
but
that
of
the
Canon
;
and
a
Court
of
such
place
as
the
Bishop
shall
appoint
,
however
inconvenient
for
distance
or
uncertainty
it
be
.
That
the
tryal
of
such
matters
,
shall
be
according
to
the
Law
of
the
Canon
,
and
not
according
to
that
of
the
Hundred
.
That
is
,
not
by
Jury
,
but
by
Witnesses
,
in
a
clandestine
way
,
if
the
Bishop
please
;
or
without
any
Accuser
,
or
by
more
scrutiny
,
or
any
other
way
that
may
reserve
the
Lay-man
to
the
breast
of
a
prepossessed
spirit
of
the
spiritual
Judge
.
And
thus
the
poor
Country-man
is
exposed
to
the
censure
of
an
unknown
Law
,
in
an
unknown
Tongue
,
by
an
unknown
way
;
wherein
they
had
no
footing
,
but
by
an
implicit
Faith.
And
herein
the
providence
of
God
(
I
imagine
)
was
more
manifest
than
the
wisdom
of
Man
,
which
was
too
weak
to
foresee
events
at
so
great
a
distance
:
for
questionless
it
was
a
point
of
excellent
wisdom
,
for
the
people
(
now
under
a
King
of
a
rugged
nature
,
that
would
not
stick
to
catch
whatsoever
he
could
get
)
to
deposit
part
of
their
Liberties
into
the
hands
of
the
Clergie
;
from
whom
moderation
might
be
expected
,
as
from
Friends
and
Neighbours
,
and
(
as
Partners
in
one
Ship
)
mutual
engagement
to
withstand
the
waves
of
Prerogative
of
Kings
,
that
seldom
rest
till
they
break
all
Banks
,
and
sometimes
over-reach
their
own
Guard
,
and
cannot
return
when
they
would
.
And
thus
it
fell
out
:
for
many
times
the
Pope
and
Clergie
became
Protectors
of
the
peoples
Liberties
,
and
kept
them
safe
from
the
rage
of
Kings
,
until
the
time
of
restitution
should
come
;
and
became
not
onely
a
Wall
of
defence
to
the
one
,
but
a
Rock
of
offence
to
the
other
.
For
the
Tripple-Crown
could
never
solder
with
the
English
,
nor
it
with
that
;
the
strife
was
for
Prerogative
,
wherein
,
if
the
Clergie
gained
,
the
Crown
lost
;
and
no
moderation
would
be
allowed
.
For
the
conquering
King
was
scarce
warm
in
his
Throne
,
whenas
the
Pope
demanded
Fealty
of
him
for
the
Crown
of
England
;
William
Rufus
;
which
though
these
Kings
had
courage
enough
to
deny
,
yet
it
shewed
plainly
that
the
Popes
meaned
no
less
Game
than
Crown-glieke
with
the
King
and
people
;
the
Archbishops
and
Bishops
holding
the
Cards
for
the
Pope
,
while
in
the
interim
he
oversaw
all
.
Thus
have
we
the
second
bravado
of
the
Canon-Law
;
for
as
yet
it
was
not
so
fully
entered
,
as
it
seemed
.
The
words
of
the
Act
of
Parliament
,
it
's
true
,
were
general
;
yet
their
sence
was
left
to
time
to
expound
,
and
the
course
of
succeeding
affairs
nevertheless
passed
with
a
non
obstante
.
For
whereas
in
those
days
the
Clergie
claimed
both
Legislative
and
Executory
power
in
Church-matters
,
the
Normans
would
allow
of
neither
,
but
claimed
both
as
of
right
belonging
to
the
Imperial
power
of
this
Island
,
originally
and
onely
.
As
touching
the
Legislative
power
,
it
is
evident
,
that
notwithstanding
the
Canon
that
had
long
before
this
time
voted
the
Laity
from
having
to
do
with
Church-matters
;
yet
the
Norman
Kings
would
neither
allow
to
the
Metropolitans
the
power
of
calling
Synods
nor
such
meetings
,
but
by
their
lieve
,
William
Rufus
would
not
allow
any
to
be
called
for
thirteen
years
together
:
Which
by
the
file
of
story
,
compared
with
that
Epistle
,
made
up
the
King's
whole
Reign
.
And
this
was
questionless
the
cause
that
we
find
so
little
touch
upon
Parliamentary
Assemblies
in
the
Norman
times
,
Kings
being
too
high
to
be
controuled
,
and
Bishops
too
proud
to
obey
:
but
necessity
of
State
,
like
unto
Fate
,
prevails
against
all
other
interests
whatsoever
;
and
the
wisdom
of
Henry
the
first
in
this
prevailed
above
that
of
his
predecessors
,
as
far
as
their
Will
was
beyond
his
.
For
it
was
bootless
for
him
to
hold
out
against
the
Church
that
stood
in
need
of
all
sorts
to
confirm
to
him
that
which
common
Right
(
as
then
it
was
taken
)
denied
him
;
and
therefore
(
though
it
cost
him
much
trouble
with
Anselm
)
he
re-continued
the
liberty
of
publick
Consultations
,
and
yet
maintained
his
Dignity
and
Honour
seemly
well
.
I
shall
not
need
to
clear
this
by
particulars
;
for
besides
the
publick
Consultations
at
his
entrance
,
and
twice
after
that
,
for
supply
or
aid
for
his
Wars
,
and
the
marriage
of
his
Daughter
with
the
Emperour
,
it
is
observed
that
the
Archbishop
of
Canterbury
summoned
a
Council
at
Westminster
,
but
it
was
Authoritate
Regia
,
Secondly
,
as
the
Clergie
could
not
attain
the
sole
Legislative
power
,
so
neither
had
they
the
sole
Juridical
power
in
Ecclesiastical
Causes
:
for
not
onely
in
case
of
errour
in
the
Ecclesiastical
Courts
was
an
Appeal
reserved
to
the
King's
Court
,
as
formerly
in
the
Saxons
time
;
but
even
those
things
which
seemed
properly
of
Ecclesiastical
cognizance
,
were
possessed
by
the
King's
Court
in
the
first
instance
,
as
that
of
Peter
pence
,
which
was
a
Church-tribute
,
and
might
be
claimed
to
be
properly
the
Church-cognizance
much
rather
than
Tythes
:
maintaining
the
peace
of
the
Church
,
which
properly
belonged
to
them
to
defend
;
and
so
had
the
cognizance
of
them
in
their
own
Courts
,
and
fines
for
invasion
of
the
Church-rights
.
But
because
this
may
seem
but
colourable
,
and
by
way
of
flattery
of
the
Churches
right
,
and
not
in
opposition
thereof
;
in
other
things
it
will
appear
plainly
that
Kings
were
not
nice
in
vindicating
their
own
claim
in
matters
which
the
Clergie
held
theirs
quarto
modo
;
as
namely
in
the
case
of
Excommunication
,
a
Weapon
first
fashioned
by
the
Church-men
,
and
in
the
exercise
whereof
themselves
were
in
repute
the
onely
Masters
;
and
yet
in
this
were
mastered
by
Kings
,
de
facto
was
derived
to
them
from
the
Kings
,
who
also
invested
them
with
Staff
and
Ring
;
nor
had
the
Pope
as
yet
(
though
he
had
conquered
the
Hierarchy
)
possessed
himself
of
their
colours
:
but
during
all
the
Norman
times
,
the
Kings
maintained
that
trophy
of
the
right
they
had
from
their
Predecessours
,
notwithstanding
the
many
assaults
from
Rome
,
and
treacheries
of
the
Cathedrals
within
the
Realm
.
In
the
next
place
,
as
they
were
the
King's
men
,
so
their
Bishopricks
and
Diocesses
were
under
the
King's
power
to
order
,
as
by
the
advice
of
the
Bishops
and
Baronage
should
be
thought
most
convenient
;
either
to
endow
another
Bishop
with
part
thereof
,
Lastly
,
whatever
the
first
intention
of
this
recited
Statute
were
,
it
may
probably
be
judged
,
that
it
was
but
a
noise
to
still
the
Clergie
;
and
that
it
never
had
more
than
a
liveless
shape
,
not
onely
in
regard
of
the
before-mentioned
particulars
,
but
especially
in
regard
of
that
subservient
Law
of
Henry
the
first
concerning
the
County-Court
,
which
reciteth
it
as
a
custom
in
his
time
used
,
that
the
Bishop
and
Earls
,
matters
of
the
Church
:
Secondly
,
Crown-pleas
:
Thirdly
and
lastly
,
Common-pleas
.
However
therefore
the
Kings
spake
fair
,
they
either
acted
not
at
all
,
or
so
coolly
,
as
the
current
of
the
custom
was
too
strong
;
but
most
probable
it
is
,
that
the
Kings
spake
fair
till
they
were
setled
in
their
Thrones
,
and
afterwards
pleased
themselves
:
for
by
the
general
thred
of
story
,
it
may
appear
that
the
Clergie
in
those
times
were
more
feared
than
loved
,
and
therefore
ridden
with
a
strait
Rein.
The
Prelacy
on
the
contrary
grew
unruly
,
yet
too
weak
for
the
rugged
spirits
of
the
Norman
Kings
;
they
are
glad
to
be
quiet
,
and
the
Pope
himself
to
drive
fair
and
softly
,
as
judging
it
expedient
potestatem
Regalem
mitius
tractandam
,
presidency
in
the
Synods
,
though
the
King
himself
be
present
;
and
(
if
the
Historian
writeth
advisedly
)
the
whole
ordaining
,
or
Legislative
power
,
for
so
runs
the
stile
or
phrase
of
the
Author
,
Archiepiscopi
&
Episcopi
statuerunt
in
praesentia
Regis
,
as
if
the
presence
of
the
King
and
his
Barons
and
People
,
were
but
as
a
great
Amen
at
the
Common-prayer
(
after
the
old
stamp
)
to
set
a
good
colour
upon
a
doubtful
matter
,
to
make
it
go
down
the
better
.
How
the
Kings
brooked
this
draught
,
I
cannot
say
;
but
it
hath
made
the
Kingdom
stagger
ever
since
,
and
it
may
be
feared
will
hardly
recover
its
perfect
wits
,
so
long
as
the
brains
of
the
Clergie
and
the
Laity
thus
lie
divided
in
several
Cells
.
CHAP.
XLVIII
.
Of
the
several
subservient
Jurisdictions
by
Provinces
,
Marches
,
Counties
,
Hundreds
,
Burroughs
,
Lordships
,
and
Decennaries
.
HAD
the
Normans
owned
no
other
Title
than
that
of
Conquest
,
doubtless
their
mother-wit
must
needs
have
taught
them
the
expediency
of
preserving
the
particular
subservient
Jurisdictions
of
the
Kingdom
entire
and
unquashed
,
if
they
regarded
either
the
benefit
of
their
Conquest
,
or
reward
of
their
Partners
and
Allies
;
unless
it
should
be
allowed
unto
Conquerours
to
be
more
honourable
for
them
to
do
what
they
will
,
rather
than
what
is
meet
.
But
hereof
there
is
no
cause
of
question
in
this
present
subject
;
for
nothing
is
more
clear
than
that
Wales
enjoyed
in
the
Conquerour's
time
,
and
for
ages
after
him
,
its
ancient
Liberties
,
Tribute
excepted
:
nor
did
Conquest
ever
come
so
nigh
to
their
Borders
,
as
to
trench
upon
the
Liberties
of
the
Marches
.
For
as
it
had
been
a
piece
of
State-nonsence
to
have
holden
two
sort
of
people
under
conquest
,
and
their
Marches
in
freedom
;
or
to
preserve
them
in
good
Neighbourhood
by
Marches
,
which
by
the
Law
of
Conquest
were
made
one
:
so
was
it
no
less
vain
,
if
all
had
been
once
subdued
by
Conquest
,
to
have
raised
up
the
Liberties
of
the
Marches
any
more
.
And
as
they
had
less
cause
to
have
invaded
the
bounds
and
ancient
limits
and
partitions
of
the
Counties
,
That
the
Bishops
,
Earls
,
and
chief
men
,
should
be
present
for
direction
.
2.
That
it
should
be
holden
once
each
month
.
3.
That
the
Church-matters
should
precede
,
and
then
the
Crown-pleas
.
And
lastly
,
the
Common-Pleas
;
besides
some
other
particulars
concerning
pleading
,
and
proceedings
in
the
handling
of
Causes
.
Neither
were
these
Causes
of
a
petty
regard
onely
,
but
of
greatest
concernment
:
One
example
I
shall
remind
the
Reader
of
,
and
not
recite
in
terminis
,
but
refer
to
Mr.
Selden's
own
Pen.
The
occasion
was
this
:
Odo
the
Conquerour's
half
Brother
,
Free
men
of
the
County
of
Kent
,
in
the
presence
of
many
chief
men
,
Bishops
and
Lords
,
and
others
skilful
in
the
Laws
;
and
the
Judgment
passed
for
the
Archbishop
Lanfrank
upon
the
Votes
of
the
Free
men
.
This
County-court
was
holden
by
special
summons
,
and
not
by
adjournment
,
as
was
allowable
by
the
Saxon
Law
upon
special
occasions
:
And
this
Suit
was
originally
begun
and
had
its
final
determination
in
the
County-court
,
and
not
brought
by
a
Tolt
out
of
the
Hundred-court
,
as
is
supposed
by
an
honourable
Reporter
;
nor
by
the
ancient
Laws
could
the
Suit
commence
in
the
Hundred
,
because
the
Lands
and
Tenements
did
lie
in
several
Hundreds
and
Counties
.
The
upshot
of
all
is
,
that
the
County-courts
in
those
days
were
of
so
great
esteem
,
that
two
of
the
greatest
Peers
of
the
Realm
,
one
a
Norman
,
the
other
an
Italian
,
did
cast
a
Title
in
fifteen
Mannors
,
two
Townships
,
with
many
Liberties
,
upon
the
Votes
of
the
Free-holders
in
a
County-court
,
and
that
the
Sentence
was
allowed
and
commended
by
the
King
,
and
submitted
to
by
all
.
In
the
next
place
we
are
to
come
to
the
Hundred-courts
,
This
Court
is
to
be
holden
once
in
each
month
;
and
no
Suit
to
be
begun
in
the
King's
Court
,
that
regularly
ought
to
begin
in
the
Hundred
.
No
Distringas
shall
issue
forth
till
three
demands
made
in
the
Hundred
.
And
three
Distresses
shall
then
issue
forth
;
and
if
upon
the
fourth
the
party
appear
not
,
Execution
shall
be
by
sale
of
the
Distress
,
and
the
Complainant
shall
receive
satisfaction
.
But
by
the
latter
Laws
of
the
same
King
,
there
are
but
two
Summons
allowed
,
and
then
two
Distresses
;
and
in
case
no
appearance
be
,
Execution
shall
be
for
the
Complainant
,
and
for
the
King
's
Fine
.
Lastly
,
as
the
case
concerned
either
persons
or
places
,
As
touching
inferiour
Courts
of
Towns
and
Mannors
,
there
's
little
observation
to
be
had
,
Every
Free-man
must
be
under
Pledges
to
satisfie
Justice
,
Over
every
nine
persons
under
Pledges
,
View
of
free
Pledges
must
be
,
to
see
that
the
Decennaries
be
full
;
and
if
any
be
departed
,
to
enquire
the
cause
:
and
if
any
be
come
in
,
whether
he
be
under
Pledges
or
not
.
And
thus
the
Norman
Kings
had
their
people
under
treble
guard
:
one
of
Fealty
,
the
other
of
Association
,
and
the
third
that
of
Pledges
;
and
all
little
enough
to
secure
that
which
they
in
their
own
Consciences
might
have
some
cause
to
question
whether
it
belonged
to
them
or
not
.
CHAP.
XLIX
.
Of
the
Immunities
of
the
Saxon
Free-men
under
the
Norman
Government
.
THE
freedom
of
an
English-man
consisteth
in
three
particulars
:
First
,
in
ownership
of
what
he
hath
:
Secondly
,
in
voting
any
Law
,
whereby
that
ownership
is
to
be
maintained
:
And
thirdly
,
in
having
an
influence
upon
that
Judicatory
power
that
must
apply
that
Law.
Now
that
the
English
under
the
Normans
enjoyed
all
this
freedom
unto
each
Man
's
own
particular
,
besides
what
they
had
in
bodies
aggregate
,
may
appear
,
as
followeth
:
The
Free-men
of
England
were
such
as
either
joyned
in
the
War
with
Harold
against
the
Normans
;
or
such
as
absented
themselves
from
the
way
of
opposition
or
enmity
,
and
were
either
waiting
upon
their
own
affairs
,
or
siding
with
the
Normans
.
And
questionless
all
the
sadness
of
the
War
befel
the
first
sort
of
the
English
,
whose
persons
and
Estates
(
to
make
the
ways
of
the
first
Norman
William
regular
,
and
of
one
piece
)
never
fell
so
low
as
to
come
under
the
Law
(
or
rather
the
Will
)
of
Conquest
;
but
in
their
worst
condition
were
in
truth
within
the
directory
of
the
Law
of
forfeiture
for
Treason
against
their
Soveraign
Lord
,
whose
claim
was
by
Title
,
as
hath
been
already
noted
.
The
other
sort
either
did
appear
to
be
the
Normans
friends
,
or
for
ought
appeared
so
were
:
and
so
never
offending
the
Law
,
never
suffered
any
penalty
;
but
held
their
persons
and
possessions
still
under
the
patronage
of
Law
,
as
anciently
they
and
their
Ancestors
had
done
.
And
that
this
was
the
Normans
meaning
,
they
publish
the
same
to
the
World
in
a
Fundamental
Law
,
And
by
this
being
secured
against
forfeiture
,
they
are
further
saved
from
all
wrong
by
the
same
Law
,
which
provideth
,
That
they
shall
hold
them
well
or
quietly
,
and
in
peace
,
free
from
all
unjust
Tax
,
and
from
all
Tallage
,
so
as
nothing
shall
be
exacted
nor
taken
,
but
their
free
service
which
by
right
they
are
bound
to
perform
.
This
is
expounded
in
the
Laws
of
H.
1.
cap.
4.
That
no
Tribute
or
Tax
shall
be
taken
,
but
what
was
due
in
the
Confessor's
time
.
Under
the
word
Tax
is
understood
monetagium
commune
per
civitates
,
or
comitatus
;
so
as
aids
and
escuage
are
not
included
,
for
they
are
not
charged
upon
Counties
and
Cities
,
but
upon
Tenures
in
Knight-service
;
nor
was
Dane
gelt
hereby
taken
away
,
for
that
was
a
Tax
in
the
Confessor's
time
,
and
granted
by
Parliament
.
So
then
the
Norman
Kings
claimed
no
other
right
in
the
Lands
and
possessions
of
any
of
their
Subjects
,
than
under
and
by
the
Law
or
common
right
;
and
they
conclude
the
Law
with
a
sicut
,
which
I
thus
English
,
As
it
is
enacted
to
them
,
(
or
agreed
by
them
)
and
unto
them
by
us
given
and
granted
by
the
Common-council
of
our
whole
Kingdom
.
Two
things
more
must
be
added
,
though
somewhat
collateral
to
this
purpose
.
Concerning
the
right
of
the
Freemen
in
the
common
Mint
,
and
in
their
Villains
.
Concerning
the
Mint
,
CHAP.
L.
A
recollection
of
certain
Norman
Laws
concerning
the
Crown
,
in
relation
to
those
of
the
Saxons
formerly
mentioned
.
I
Call
them
Norman
Laws
,
because
they
were
allowed
by
them
,
or
continued
in
force
,
although
many
of
them
had
their
original
from
the
Saxons
.
One
God
must
be
worshipped
,
and
one
faith
of
Christ
maintained
throughout
the
whole
Kingdom
.
This
is
found
amongst
the
Laws
of
the
King
William
published
by
Mr.
Selden
,
and
was
for
substance
in
the
Saxons
time
,
Peter-pence
,
Ciricksceat
,
and
Tythes
,
must
be
duly
paid
.
These
are
all
Saxon
Laws
united
to
the
cognizance
of
the
Crown
,
as
formerly
hath
been
shewed
:
Only
the
first
William
especially
provided
,
that
in
case
any
man
worth
Thirty
pence
in
Chattels
did
pay
four
pence
for
his
part
,
Invasion
upon
the
right
of
Sanctuary
fined
.
This
I
note
,
viz.
That
any
Delinquent
shall
have
liberty
of
Sanctuary
to
enjoy
both
Life
and
Member
,
notwithstanding
any
Law
to
the
contrary
.
This
priviledge
was
claimed
by
the
Canons
;
but
it
must
be
granted
by
the
Temporal
power
,
or
else
it
could
not
be
had
;
and
though
it
be
true
that
Kings
formerly
did
by
their
Charters
of
foundation
grant
such
privileges
in
particular
;
yet
could
not
such
Grants
create
such
immunities
contrary
unto
,
or
notwithstanding
any
publick
Law
of
the
Kingdom
;
and
therefore
the
Monasteries
had
their
foundations
confirmed
by
Parliament
,
or
general
assembly
of
wise
men
,
if
the
first
foundation
was
not
laid
thereon
.
Working
upon
the
Feast-days
punished
by
Fine
.
Before
this
time
no
days
for
Solemn
Worship
of
God
were
acknowledged
by
the
Law
of
the
Kingdom
but
the
Lord's
days
.
Breach
of
the
Peace
,
Bloodshed
,
and
Manslaughter
,
This
was
the
ancient
Law
of
the
Saxons
,
and
was
continued
without
alteration
till
about
Alfred's
time
,
whose
zeal
against
blood
caused
Murther
to
be
punished
with
death
;
but
the
Danes
bringing
in
a
moderation
,
if
it
may
rightly
be
so
called
,
are
now
seconded
by
their
kindred
the
Normans
,
who
will
not
admit
of
punishment
by
death
,
partly
because
being
a
warlike
people
,
I
shall
conclude
this
subject
with
these
three
Observations
:
First
,
that
the
Laws
in
those
ancient
times
of
the
Normans
were
so
general
,
as
they
then
made
no
difference
between
places
or
persons
;
but
whether
the
peace
was
broken
upon
holy
or
common
ground
,
A
Man
committing
Adultery
with
a
Married
Woman
,
This
made
the
crime
enquirable
at
the
common-Law
,
as
an
offence
contra
pacem
Domini
;
but
afterward
it
was
sinable
to
the
King
,
Force
upon
a
Woman
,
to
the
intent
to
Ravish
her
,
is
finable
;
but
if
a
Rape
be
committed
,
The
crime
and
offences
against
this
Commandment
were
always
punished
in
the
Temporal
Courts
,
by
Fine
at
the
least
;
and
are
still
in
the
Normans
time
prosecuted
in
the
same
way
,
notwithstanding
the
growing
authority
of
the
Canon
.
Robbery
is
finable
.
The
different
Law
between
the
Saxons
,
There
shall
be
true
weights
and
measures
throughout
the
Kingdom
,
And
this
was
the
constant
Saxon
Law.
Perjury
to
be
punished
by
fine
,
and
as
formerly
still
inquirable
amongst
the
Crown-pleas
.
CHAP.
LI.
The
like
of
Laws
that
concern
common
interest
of
Goods
.
IF
Cattle
be
taken
by
Distress
,
the
party
that
will
replevy
them
shall
pay
for
the
return
of
the
Cattle
,
This
Law
I
take
to
be
intended
where
the
Cattle
are
taken
damage
feasant
;
because
nothing
shall
release
the
Distress
in
other
cases
,
but
obedience
to
the
Summons
.
No
Distress
ad
comparendum
shall
be
taken
but
after
three
several
Summons
,
and
so
many
defaults
made
;
I
noted
this
partly
to
shew
the
difference
of
the
Normans
from
the
Saxons
in
the
delay
of
execution
of
Justice
by
so
much
mean
process
,
and
partly
to
shew
the
difference
between
the
Norman
times
,
and
these
days
wherein
mens
Cattle
lie
open
to
the
distress
of
every
oppressing
or
extorting
Bayliff
or
unknown
person
,
and
no
Summons
made
at
all
,
whereby
many
poor
mens
Estates
are
either
undone
,
or
they
must
submit
to
the
unjust
demands
of
their
adversary
.
No
manner
of
Goods
of
above
four
pence
in
value
shall
be
bought
,
unless
in
the
presence
of
four
Witnesses
of
the
Town
.
No
living
Cattle
shall
be
sold
,
but
onely
in
Cities
,
and
before
three
Witnesses
;
nor
shall
any
thing
forbidden
be
sold
without
Warranty
.
No
Fairs
or
Markets
shall
be
holden
,
but
onely
in
Cities
,
Boroughs
,
Wall'd-Towns
,
and
Castles
.
These
Laws
concerning
sales
and
Markets
were
ancient
Saxon
Laws
,
and
tend
all
to
the
avoiding
of
cheating
men
of
their
Cattle
by
surreptitious
sale
of
them
made
by
such
as
had
no
right
.
Goods
found
shall
be
published
by
the
Finder
to
the
Neighbourhood
;
and
if
any
makes
claim
and
proof
of
them
to
be
his
,
The
Children
of
persons
intestete
shall
equally
divide
the
Heritage
.
This
is
in
terminis
the
Saxon
Law
;
and
therefore
concerning
it
I
shall
refer
to
the
same
formerly
recited
;
onely
I
shall
add
hereto
the
Law
of
Henry
the
first
,
Any
Freeman
may
devise
his
Chattels
by
will
:
and
if
he
die
intestate
,
his
Wife
,
Children
,
Parents
,
or
next
kin
shall
divide
the
same
for
his
Souls
good
.
The
first
branch
whereof
was
ancient
,
and
doubtless
in
continual
use
;
but
the
iniquity
of
the
Norman
rude
times
was
such
,
that
the
Lords
under
surmise
of
arrears
or
relief
,
would
seize
all
the
personal
estate
after
the
Tenant's
death
,
and
so
the
right
of
last
Wills
was
swallowed
up
;
but
this
restoreth
the
power
of
last
Wills
into
it's
place
,
an●
in
case
the
party
died
intestate
,
preserveth
a
kind
of
nature
of
descent
,
although
they
be
more
personal
.
Nor
doth
that
last
clause
of
the
Souls
good
,
disanul
the
same
,
although
the
words
may
seem
to
carry
away
the
benefit
to
some
other
hand
.
For
the
whole
matter
is
left
to
the
discretion
of
such
as
are
next
to
the
Intestate
.
CHAP.
LII
.
Of
Laws
that
concern
common
interest
of
Lands
.
THe
Laws
that
concern
Lands
,
and
peculiarly
belonging
to
the
Normans
,
are
such
as
concern
principally
the
tenure
of
Lands
;
which
if
duly
considered
,
although
savoured
somewhat
of
the
King
,
yet
little
of
the
Conquerour
.
For
generally
it
must
be
granted
,
that
Tenures
long
before
and
after
this
time
,
were
,
as
the
services
,
ordered
according
to
the
Will
of
the
giver
,
in
which
as
the
King
had
the
greatest
share
,
and
he
the
most
publick
person
of
all
:
so
were
his
Donations
ordered
chiefly
to
advance
the
publick
service
;
and
in
this
regard
the
Tenure
by
Knight
service
might
more
principally
challenge
the
King's
regard
,
than
the
regard
of
all
the
great
men
besides
.
But
this
was
not
the
sore
,
yea
,
rather
it
was
the
beauty
and
strength
of
the
Kingdom
;
and
for
which
the
King
deserved
an
honourable
name
above
most
of
his
progenitors
,
who
had
not
so
much
Land
to
dispose
of
as
he
had
,
and
therefore
could
not
advance
that
service
in
any
proportion
equal
unto
him
.
The
sore
that
caused
so
many
sighs
,
was
the
incumbrances
raised
upon
this
most
noble
and
free
service
,
which
through
the
evil
of
times
by
this
means
became
the
most
burdensome
,
and
the
onely
loathed
and
abhorred
service
of
all
the
rest
.
I
say
through
the
evil
of
times
;
for
it
cannot
lodge
in
my
thoughts
but
that
in
the
Norman
times
the
incumbrances
were
nothing
so
great
as
of
latter
Ages
,
and
that
much
hath
been
imputed
to
the
Laws
of
the
Conquerour
,
which
they
never
deserved
,
as
may
appear
in
these
particulars
,
which
the
Laws
of
Henry
the
First
have
preserved
in
memory
.
Tenant
of
the
King
,
That
which
by
Law
is
due
,
is
set
down
in
the
Laws
of
William
the
Conquerour
.
The
Relief
of
an
Earl.
-
8
Horses
sadled
and
bridled
.
-
4
Helmets
.
-
4
Coats
of
Mail.
-
4.
Shields
.
-
4
Spears
.
-
4
Swords
.
-
4
Chasers
-
1
Palfray
-
bridled
and
sadled
.
The
Relief
of
a
Baron
.
-
4
Horses
with
Saddles
and
Bridles
.
-
2
Helmets
.
-
2
Coats
of
Mail.
-
2
Shields
.
-
2
Spears
.
-
2
Swords
.
-
2
Chasers
-
1
Palfray
-
bridled
and
sadled
.
The
Relief
of
a
Vovasor
to
his
Lord
.
-
His
best
Horse
.
-
His
Helmet
.
-
His
Coat
of
Mail.
-
His
Shield
.
-
His
Spear
.
-
His
Sword.
-
Or
if
he
had
no
Arms
,
then
he
was
to
pay
-
s.
100
The
Relief
of
the
Country-man
is
the
best
Beast
that
is
in
his
possession
;
a
years
rent
.
These
are
the
Reliefs
due
by
Law
,
and
now
setled
in
Goods
or
Arms
,
but
afterwards
turned
into
Money
;
and
it
is
likely
that
the
ill
customs
in
the
former
times
did
extort
both
Money
and
Arms
,
or
such
sums
of
Money
as
they
pleased
:
and
by
the
very
words
of
the
Law
,
it
seems
they
had
brought
it
to
an
Arbitrary
power
,
to
take
what
they
could
get
,
and
yet
all
against
Law.
The
Kings
Tenant
shall
advise
with
the
King
in
marriage
of
his
Daughter
,
Sister
,
Niece
,
or
Kinswoman
;
and
his
Widow
in
like
manner
.
The
sence
hereof
in
short
is
,
that
these
might
marry
at
their
own
will
,
without
paying
Fine
or
Composition
to
the
Lord
;
and
yet
must
have
the
liking
of
the
Lord
so
far
as
to
declare
whether
the
man
intended
were
his
Enemy
or
not
,
and
fit
to
perform
Knight-service
.
This
Law
was
therefore
grounded
upon
the
present
distress
of
affairs
,
wherein
the
Nation
was
unsetled
,
and
common
right
having
established
a
mutual
trust
between
Lord
and
Tenant
,
found
out
this
means
to
preserve
the
same
:
for
if
the
marriages
of
those
that
are
related
to
the
Tenant
in
such
manner
as
may
inherit
part
of
all
his
Lands
,
or
have
joynture
therein
,
should
be
left
altogether
at
the
liberty
of
the
Tenant
or
his
Widow
▪
it
must
needs
follow
,
that
the
mutual
trust
between
Lord
and
Tenant
must
fail
,
and
the
publick
receive
damage
.
And
therefore
if
this
custom
were
of
Norman
birth
,
it
was
begotten
upon
a
Saxon
Law
,
and
might
the
rather
be
owned
by
the
English.
The
Widow
of
the
King's
Tenant
,
having
Children
,
shall
have
her
Dower
and
Portion
so
long
as
she
keeps
unmarried
.
The
portion
here
is
in
the
Latine
word
maritagium
,
which
I
take
to
be
the
Marriage
portion
given
by
the
Husband
according
to
the
Saxon
custom
,
whenas
the
Dower
in
Land
was
not
in
use
;
whereof
is
spoken
formerly
in
that
Chapter
of
Dower
.
And
the
Normans
were
necessitated
to
introduce
this
custom
of
theirs
with
themselves
,
partly
because
it
was
a
priviledge
which
was
their
own
by
birth
,
and
it
could
not
be
waved
without
an
evident
wrong
done
to
the
Wives
of
these
men
who
had
ventured
their
lives
in
that
service
;
but
principally
because
it
would
not
consist
with
the
work
in
hand
to
disclaim
that
custom
which
must
needs
be
of
infinite
consequence
in
the
effecting
of
what
was
principally
sought
after
,
viz.
the
union
of
the
two
peoples
,
Normans
and
Saxons
,
into
one
:
I
say
,
it
was
principally
sought
after
by
the
Norman
Conquerour
,
if
not
led
thereto
by
his
own
genius
,
yet
necessitated
thereto
by
force
of
reason
of
State
,
as
shall
appear
hereafter
.
And
what
could
be
imagined
a
more
ready
way
to
stay
the
effusion
of
bloud
,
and
all
other
unhappy
events
of
enmity
,
than
by
taking
away
enmity
it self
?
or
a
more
speedy
and
certain
course
for
union
,
than
to
reduce
the
Men
and
Women
of
each
people
to
mutual
society
,
and
to
seal
up
all
by
a
lasting
bond
of
Marriage
?
or
greater
encouragement
for
the
comfortable
proceedings
therein
,
than
the
setling
of
the
constant
maintenance
of
the
Wife
,
in
case
of
survivorship
,
by
the
Law
of
Dower
of
the
Lands
and
Tenements
of
the
Husband
?
Such
Widow
shall
have
the
custody
of
the
Lands
of
such
Children
,
This
is
the
first
news
of
Wardships
that
passed
abroad
cum
privilegio
of
a
received
Law
,
Arbitrary
Relief
taken
of
the
Tenant's
Estate
,
arbitrary
Marriages
made
of
their
Peersons
,
and
arbitrary
Grants
of
Guardianship
of
their
Lands
:
For
as
yet
oppression
was
not
so
high-flown
as
to
cast
the
government
of
the
persons
of
their
Wards
out
of
the
view
of
the
Lords
provisionary
care
,
upon
adventure
of
the
next
in
Law
,
whether
man
or
woman
,
wise
or
unwise
,
under
pretence
to
train
him
up
in
military
service
fit
for
the
Lord
's
own
safety
,
and
the
Kingdoms
lifeguard
:
But
it
was
the
proper
ground
of
the
Lord
's
own
seisure
and
right
of
Wardship
,
he
being
looked
upon
by
the
eye
of
common
reason
as
the
onely
meet
man
that
both
could
and
would
effect
that
work
,
so
as
might
be
most
advantageous
to
the
publick
;
which
seemed
to
be
chiefly
concerned
herein
.
And
upon
the
same
general
ground
the
survey
of
fools
accompanied
the
former
,
albeit
it
was
not
in
practice
till
Henry
the
First
brought
it
in
,
Mirror
of
Justice
saith
(
fol.
258.
)
yet
it
came
upon
an
ancient
foundation
laid
in
the
time
of
the
Danes
.
For
my
own
part
,
I
will
not
dispute
the
point
whether
this
custom
of
Wardship
was
purely
Norman
,
or
whether
it
was
derived
from
the
Saxons
anciently
,
who
possibly
might
have
some
respect
to
Orphans
,
in
such
cases
to
train
them
up
for
the
publick
service
in
point
of
War
;
especially
being
possessors
of
a
known
right
of
Relief
,
Relief
,
Marriage
,
and
Wardship
that
after-ages
usurped
.
Tenants
in
Knight-service
shall
hold
their
Lands
,
This
Law
,
whether
it
be
a
renewing
of
a
former
custom
,
or
an
introduction
of
a
new
Law
,
it
is
clear
it
was
upon
an
old
ground
:
That
Tenants
by
Knight-service
must
be
ready
for
the
service
of
their
Lord
,
and
defence
of
the
Kingdom
;
whereof
afterwards
.
But
the
Law
is
,
that
these
men
shall
hold
their
Lands
of
that
Tenure
acquitted
of
all
Taxes
,
though
legally
imposed
upon
the
body
of
the
Kingdom
,
which
must
be
conceived
to
be
for
the
publick
benefit
,
viz.
either
for
the
preparation
or
maintenance
of
publick
War
;
for
in
such
cases
it
hath
been
in
all
times
held
unreasonable
,
that
those
whose
persons
are
employed
to
serve
in
the
Wars
,
should
hold
Lands
doubly
charged
to
the
same
service
,
viz.
to
the
defraying
of
their
own
private
expences
in
the
War
,
and
maintenance
of
the
publick
charge
of
the
same
War
besides
.
CHAP.
LIII
.
Of
divers
Laws
made
concerning
the
execution
of
Justice
.
ALthough
in
proceedings
in
Cases
of
vindicative
Justice
Delinquents
might
seem
to
be
left
rather
to
the
fury
than
mercy
of
the
Law
;
yet
so
long
as
men
are
under
the
Law
,
and
not
without
the
Law
,
it
hath
been
always
held
a
part
of
Justice
to
extend
what
moderation
might
possibly
stand
with
the
honour
of
the
Law
;
and
that
otherwise
an
over-rigid
and
fierce
prosecution
of
the
guilty
,
is
no
less
tyranny
than
the
prosecution
of
the
not-guilty
:
and
although
violence
was
the
proper
vice
of
these
times
,
yet
this
point
of
honour
must
be
given
to
the
Normans
,
That
their
Sword
had
Eyes
,
and
moved
not
altogether
by
Rage
,
but
by
Reason
.
No
Sentence
shall
pass
but
upon
averment
of
the
complaint
by
Accuser
or
Witnesses
produced
.
Fine
and
Pledges
shall
be
according
to
the
quantity
of
the
offence
.
By
these
two
Laws
of
Henry
the
first
,
Forfeiture
of
Felons
Lands
is
reduced
to
a
year
and
a
day
.
The
Normans
had
reduced
the
Saxon
law
in
this
case
unto
their
own
Last
,
which
stretched
their
desire
as
far
as
the
estate
would
bear
;
but
this
being
so
prejudicial
to
the
immediate
Lords
,
who
were
no
offenders
in
this
case
,
and
so
contrary
to
the
Saxon
law
,
it
was
both
done
and
undone
in
a
short
space
by
the
allowance
of
Henry
the
first
.
Intent
of
Criminal
offences
manifested
by
Act
,
punished
by
Fine
or
Mulct
.
This
by
Alfred's
Law
was
punished
by
Talioes
Law
,
Mainperners
are
not
to
be
punished
as
Principals
,
unless
they
be
parties
or
privies
to
the
failing
of
the
Principal
.
This
Law
of
Henry
the
first
repealed
the
former
Law
of
Canutus
,
No
person
shall
be
imprisoned
for
committing
of
a
mortal
Crime
,
unless
first
he
be
attained
by
Verdict
of
Twelve
men
.
By
imprisonment
,
Appeals
of
Murder
restrained
within
the
fourth
degree
.
Before
this
Law
,
Two
things
more
concerning
juridical
proceedings
may
be
noted
;
the
one
concerning
speedy
course
of
Justice
,
wherein
they
may
seem
to
justifie
the
Saxon
way
;
but
could
never
attain
to
their
pace
,
in
regard
they
yielded
so
much
time
to
Summons
,
Essoyns
,
&c.
The
other
concerns
election
of
Judges
by
the
parties
;
for
this
we
find
in
the
Laws
of
Henry
the
first
.
CHAP.
LIV.
Of
the
Militia
during
the
Normans
time
.
THe
power
of
Militia
is
either
the
Legislative
or
Executory
power
:
the
Legislative
power
without
contradiction
rested
in
the
grand
Council
of
the
Kingdom
,
to
whom
it
belonged
to
establish
Laws
for
the
government
of
the
Kingdom
in
time
of
peace
.
And
this
will
appear
in
the
preparation
for
War
,
the
levying
of
War
,
and
managing
thereof
after
it
is
levied
.
For
the
preparation
,
it
consisteth
in
levying
men
and
munition
,
or
of
money
.
In
all
which
questionless
will
be
a
difference
between
raising
of
War
by
a
King
to
revenge
a
personal
injury
done
to
the
King
's
own
person
,
and
a
War
raised
by
the
whole
Kingdom
,
or
representative
body
thereof
,
which
is
commonly
done
in
defence
of
publick
interest
,
and
seldom
in
any
offensive
way
,
unless
in
recovery
of
a
right
possession
,
either
formerly
lost
,
or
as
yet
not
fully
setled
.
Now
although
it
be
true
,
that
seldom
do
injuries
reflect
upon
the
King's
person
alone
,
but
that
the
Kingdom
will
be
concerned
therein
to
endeavour
a
remedy
;
yet
because
it
may
fall
out
otherwise
,
and
Kings
have
taken
occasion
to
levy
War
of
their
own
accord
,
in
such
case
they
could
neither
compel
the
persons
of
their
Subjects
or
their
Estates
to
be
contributary
.
And
of
this
nature
I
take
the
War
levied
by
Harold
against
the
Conquerour
to
be
,
wherein
the
greatest
part
of
the
Kingdom
was
never
engaged
,
nor
therefore
did
it
feel
the
dint
of
the
Conquerour's
Sword
at
all
;
and
in
this
case
the
Militia
must
be
allowed
to
such
as
bear
the
purse
:
nor
can
it
be
concluded
to
be
the
Militia
of
the
Kingdom
,
nor
any
part
thereof
,
although
the
Kingdom
may
connive
thereat
.
But
to
set
this
consideration
aside
,
as
not
co-incident
at
all
with
the
Norman
engagements
after
they
were
crowned
,
and
to
take
all
the
subsequent
Wars
to
be
meerly
defensive
of
the
right
of
the
Crown
,
as
in
sober
construction
they
will
appear
to
be
:
as
touching
the
levying
of
money
,
't
is
evident
that
it
lay
onely
in
the
power
of
the
grand
Council
of
the
Kingdom
;
for
otherwise
the
Laws
were
setled
that
no
Tax
should
be
made
or
taken
but
such
as
were
due
in
the
Confessor's
time
,
as
formerly
hath
been
shewed
.
Secondly
,
for
the
preparing
of
men
and
munition
,
it
was
done
either
by
Tenure
,
or
by
special
Law.
As
touching
Tenure
,
it
was
provided
by
way
of
contract
,
that
those
that
held
by
Knight-service
should
be
ready
with
their
Arms
to
assist
the
King
for
the
defence
of
the
Realm
:
So
as
they
were
not
bound
by
their
Tenure
to
aid
him
in
any
other
cases
.
de
facto
Kings
of
their
own
accord
,
and
by
secret
Council
,
did
direct
therein
;
either
in
the
vacancy
of
Parliament
,
which
was
the
general
case
of
the
first
times
of
the
Norman
Conquerour
,
and
the
whole
Reign
of
William
Rufus
;
or
by
connivance
of
the
grand
Council
,
while
they
saw
nothing
done
but
what
was
well
done
.
Grecians
,
Romans
,
and
Germans
.
And
at
such
times
as
War
was
concluded
,
at
the
general
meeting
of
the
people
they
chose
their
Dux
or
Rex
,
call
him
which
you
please
;
and
he
being
chosen
,
all
bound
themselves
to
be
at
his
command
,
and
to
defend
his
person
.
So
as
while
a
King
keepeth
within
his
place
,
in
time
of
danger
it
is
his
duty
first
to
stir
himself
,
and
stir
up
the
rest
;
to
lead
them
and
order
them
,
as
may
be
most
for
the
publick
defence
,
and
to
govern
the
Army
by
such
Laws
as
are
or
shall
be
established
by
order
of
the
publick
Meeting
,
and
in
case
of
sudden
exigencies
to
use
his
own
wits
;
and
in
all
this
is
the
common
liberty
no
whit
infringed
,
in
regard
that
all
is
for
the
publick
defence
,
to
which
the
Knights
are
bound
by
their
Tenures
,
and
all
others
by
the
Law.
And
this
was
this
Kingdoms
case
in
the
Normans
time
,
that
both
Leaders
and
Souldiers
,
whether
by
election
of
the
people
,
or
prescription
,
yet
all
served
for
the
defence
of
the
Kingdom
.
Nor
were
they
compellable
to
any
other
service
inconsistent
therewith
,
nor
to
stand
to
any
judgement
in
such
cases
differing
from
,
or
contrary
to
that
of
the
Parliament
it self
.
CHAP.
LV.
That
the
entry
of
the
Normans
into
this
Island
,
could
not
be
by
Conquest
.
THat
in
point
of
fact
,
the
entry
of
the
Normans
into
England
was
not
by
Conquest
,
will
sufficiently
appear
from
what
hath
been
already
noted
.
I
shall
make
one
step
further
,
and
shew
,
that
as
affairs
then
stood
with
the
Conquerour
,
it
was
impossible
for
him
to
merit
that
name
against
the
stream
of
Providence
,
that
had
pre-engaged
him
to
three
sorts
of
men
,
viz.
the
Normans
,
the
Clergie
,
and
the
Commons
of
England
.
It
must
be
taken
for
a
ground
,
that
Duke
William
must
give
all
fair
correspondency
to
the
Normans
,
considering
they
are
Members
of
his
own
Body
,
and
the
Arm
of
his
Strength
,
without
which
he
could
do
nothing
.
And
it
is
not
less
certain
,
that
however
the
Sea
divided
the
two
Countries
,
yet
long
before
the
arrival
of
the
Army
,
A
second
sort
of
men
that
made
the
King
uncapable
to
hold
by
Conquest
,
was
the
Clergie
,
a
considerable
part
of
the
Kingdom
in
those
days
,
whenas
in
every
Nation
they
grew
checkmate
;
and
in
this
Kingdom
had
well-nigh
the
one
half
of
the
Knights
fees
,
and
thereby
a
principal
part
of
the
strength
of
the
Kingdom
,
besides
the
Consciences
of
them
all
:
and
for
a
Reserve
,
they
had
the
Pope
in
the
rear
,
whose
power
in
every
Kingdom
was
little
inferiour
to
that
of
the
King
's
own
,
and
therefore
sufficient
to
stop
an
absolute
Conquest
,
unless
the
Clergie
were
first
conquered
.
But
the
King
came
in
upon
great
disadvantages
in
both
these
regards
:
for
whereas
his
pretence
upon
his
entry
was
to
advance
Justice
principally
toward
the
Clergie
,
who
formerly
were
wronged
by
Harold
,
or
voiced
so
to
be
;
this
bound
him
from
Injustice
and
Oppression
.
And
furthermore
,
the
Pope
had
him
in
a
double
bond
;
one
as
Prince
of
the
English
Clergie
,
the
other
as
Judge
of
the
Title
of
the
Crown
by
the
King
's
own
Election
;
and
that
by
Sentence
:
for
the
King
had
merited
of
him
,
if
not
to
hold
the
Crown
it self
by
Fealty
to
the
Roman
See
,
yet
by
such
services
,
as
that
the
Tripple-Crown
should
be
no
loser
.
The
King
therefore
must
resolve
to
have
no
more
to
do
with
the
Church
than
will
stand
with
the
Pope's
liking
,
unless
he
meaned
to
adventure
himself
and
all
he
had
into
the
danger
of
the
great
Curse
,
of
which
the
King
would
seem
more
sensible
than
perhaps
he
was
.
Nor
were
those
times
of
the
Church
so
moderate
,
as
to
bring
forth
Church-men
that
would
catch
the
good
will
of
the
Laity
by
condescention
;
or
Popes
of
that
height
of
perfection
,
as
to
part
with
one
tittle
of
their
great
Titles
,
much
less
ought
of
that
pitch
of
power
which
they
had
griped
,
though
it
would
save
the
World
from
Ruine
.
In
all
which
regards
,
the
Norman
Duke
was
too
far
inferiour
to
attain
by
Conquest
any
thing
in
this
Kingdom
,
wherein
the
Pope
or
Clergie
claimed
ought
to
have
or
do
.
A
third
sort
of
People
avoided
the
dint
of
Conquest
,
either
by
timely
siding
with
the
Norman
,
or
by
constant
resisting
of
him
,
or
by
neutrality
.
Of
the
first
sort
were
many
,
both
Lords
and
others
,
that
by
affinity
and
consanguinity
were
become
English-men
to
the
Norman
use
;
English
Normans
,
the
English
Clergie
,
the
stout
English
,
and
the
peaceable
English
,
be
set
aside
from
the
Title
of
Conquest
,
it
will
be
probable
that
not
one
tenth
part
of
the
Kingdom
were
ever
under
other
change
than
of
the
Governour
's
own
person
.
CHAP.
LVI
.
A
brief
Survey
of
the
sence
of
Writers
concernign
the
point
of
Conquest
.
THE
clamours
in
story
that
the
Conquerour
altered
and
made
Laws
at
pleasure
,
brought
in
new
Customs
,
molested
the
Persons
and
Estates
of
the
People
with
Depopulations
,
Extortions
,
and
Oppressions
,
and
others
of
that
nature
,
have
made
latter
times
to
conclude
his
Government
to
be
(
as
of
a
Conquerour
)
meerly
arbitrary
,
and
that
he
did
what
he
list
.
How
different
this
conclusion
is
from
the
intent
of
those
Writers
,
I
know
not
;
but
if
the
King's
Title
and
Government
was
as
a
Conquerour
,
then
was
his
Will
the
onely
Law
,
and
can
administer
no
cause
of
complaint
of
wrong
and
oppression
:
and
therefore
if
these
be
taken
in
nature
of
complaints
,
they
declare
plainly
that
there
was
a
Law
in
Title
,
or
else
there
could
have
been
no
transgression
or
cause
to
complain
.
But
if
the
Reader
shall
apprehend
these
passages
in
Writers
to
be
no
other
than
sober
Relations
,
then
were
it
not
amiss
to
consider
from
what
sort
of
men
these
Complaints
or
Relations
do
proceed
,
viz.
from
Writers
that
have
been
cloystered
men
,
little
seen
in
affairs
of
State
more
than
by
common
report
and
rumour
;
prejudiced
by
the
King's
displeasure
against
their
Cloysters
,
and
therefore
apprehensive
of
matters
in
the
saddest
sence
,
and
many
times
far
beyond
the
truth
,
and
might
as
well
be
supposed
to
mis-relate
,
as
to
mistake
.
For
if
we
shall
touch
upon
particulars
,
I
think
no
man
will
deny
but
the
King
allowed
property
indifferently
,
as
well
to
Normans
as
English
,
if
the
premises
be
rightly
considered
:
and
therefore
though
somewhat
be
true
of
the
plundering
of
houses
of
Religion
,
persecuting
of
the
English
Nobility
,
deposing
of
Bishops
and
Abbots
,
whereof
they
speak
;
yet
all
might
be
deservedly
done
in
a
legal
way
,
and
in
execution
of
Justice
,
whereof
Histories
are
not
altogether
silent
.
Nevertheless
,
if
in
the
prosecution
the
King
did
shew
a
kind
of
rage
,
and
some
rashness
,
it
might
be
imputed
to
the
common
infirmity
of
great
men
:
for
as
Oppression
upon
those
that
are
inferiour
,
makes
them
mad
,
so
doth
Treachery
against
them
that
are
superiour
make
them
little
other
;
especially
if
they
be
overtaken
with
a
fit
of
passion
in
the
instant
,
or
their
minds
wrapped
into
a
whirlpool
of
affairs
.
But
the
change
of
Laws
makes
the
greater
noise
;
wherein
what
change
they
suffered
,
may
appear
from
the
premises
,
if
Writers
have
dealt
uprightly
;
otherwise
general
imputations
without
particular
instances
,
will
never
sway
Opinion
contrary
to
the
current
of
the
Laws
that
are
published
;
especially
seeing
we
have
observed
the
errour
of
the
best
Historian
of
those
times
,
in
calling
those
things
new
,
which
were
anciently
used
in
England
,
before
Normandy
was
in
a
condition
of
a
State.
Yet
if
this
should
be
granted
,
and
that
there
were
such
change
of
Laws
as
is
pretended
,
it
makes
nothing
to
the
point
of
Conquest
,
so
long
as
the
new
Laws
are
made
by
advice
of
Common-council
,
and
for
the
common
good
;
and
so
long
as
they
are
established
to
be
Rules
for
Government
.
I
remember
it
is
affirmed
by
some
of
those
ancient
Writers
,
That
the
Duke
or
King
would
have
brought
in
the
Customs
of
Norway
,
but
the
earnest
Mediation
of
the
English
prevailed
against
it
:
and
this
evinceth
two
things
to
my
opinion
:
First
,
that
there
was
question
made
what
Law
should
be
established
.
Secondly
,
that
notwithstanding
the
interest
that
the
Normans
had
in
the
Kingdom
,
they
could
not
prevail
to
bring
in
the
whole
body
of
their
Law
,
or
of
the
Customs
of
Norway
;
which
were
not
onely
the
prima
materia
of
their
Law
,
but
also
in
kind
had
a
setling
at
that
very
time
in
those
places
of
this
Kingdom
where
the
Danes
had
their
principal
seat
:
and
therefore
not
altogether
strange
to
the
Saxons
themselves
.
The
sum
of
which
will
be
this
,
That
upon
debate
a
Law
must
be
setled
,
and
that
not
the
Law
of
the
Conquerour's
own
Will
,
nor
the
Law
that
suits
with
his
Desire
;
but
the
ancient
Law
of
the
Kingdom
:
And
therefore
if
at
any
time
the
unquietness
of
some
of
the
English
brought
the
King
to
some
thoughts
of
Arbitrary
Rule
,
and
to
shake
off
the
clog
of
the
Saxon
Law
,
it
was
long
e're
it
stirred
,
and
sprang
up
too
late
to
raise
the
Title
of
Conquest
,
and
withered
too
soon
to
settle
it
.
As
touching
the
change
of
Customs
(
for
that
also
is
imputed
to
the
Conquerour
)
it
cannot
be
denied
but
some
alteration
might
be
in
matters
of
smaller
consideration
;
yet
are
the
Writers
not
without
mistake
in
the
particular
instances
:
For
whereas
they
tell
us
that
the
Conquerour
took
away
the
custom
of
Gavel-kind
,
and
brought
the
custom
of
discent
to
the
eldest
Son
;
and
that
Kent
saved
their
Liberties
,
and
continued
this
custom
of
Gavel-kind
:
I
shall
not
contend
about
the
Liberties
of
Kent
,
but
must
,
till
I
see
better
reason
,
hold
the
opinion
of
the
change
of
Inheritance
to
be
a
meer
conceit
.
For
(
besides
what
hath
been
already
said
concerning
that
custom
of
Gavel
kind
)
if
we
believe
Glanvil
,
the
difference
was
between
Lands
holden
by
Knight's-service
,
and
in
Socage
;
the
first
of
which
in
his
time
,
Nor
is
it
clear
from
any
Author
of
credit
,
that
the
Normans
changed
the
Tenures
of
Lands
;
albeit
that
it
cannot
be
denied
but
such
Lands
as
he
had
by
forfeiture
,
or
otherwise
,
were
in
his
own
power
to
dispose
upon
what
Tenure
he
pleased
:
for
as
well
before
the
Normans
time
,
as
long
after
,
Tenures
were
like
as
the
Services
were
,
all
at
the
Will
of
the
Donor
;
and
were
of
as
many
Individuals
almost
as
the
minds
of
the
Owners
.
Some
being
of
more
general
regard
and
publick
use
,
are
recorded
amongst
the
grounds
of
English
Laws
;
The
next
thing
objected
,
is
the
change
of
Language
;
which
thing
,
some
Writers
tell
us
,
the
King
endeavoured
;
or
which
is
worse
,
to
be
so
absolute
,
as
to
be
absolute
Tyrant
,
and
to
publish
Laws
in
a
foreign
Language
,
that
the
people
through
ignorance
might
the
rather
transgress
,
and
thereby
forfeit
their
Estates
.
This
(
if
true
)
so
sar
differed
from
the
nature
of
a
Conquerour
,
as
rather
proveth
that
he
was
put
to
his
shifts
.
Nevertheless
,
the
thing
tasteth
so
much
of
Spleen
,
as
it
might
occasion
distrust
of
other
relations
concerning
this
subject
.
For
besides
that
it
is
nonsence
for
a
Conqueror
to
entitle
himself
by
a
cheat
,
where
he
hath
an
elder
Title
by
Conquest
;
I
shall
in
full
answer
to
that
calumny
,
insert
a
passage
of
an
Historian
that
was
in
the
continual
view
of
publick
affairs
in
those
times
,
who
speaking
of
the
Conqueror
,
That
he
commended
the
Confessor's
Laws
to
his
Justices
,
in
the
same
Language
wherein
they
were
wont
formerly
to
be
written
,
lest
through
ignorance
the
people
might
rashly
offend
.
And
another
Author
saith
,
That
the
King
had
a
desire
to
learn
the
English
Tongue
,
that
he
might
the
better
know
their
Law
,
and
judge
according
thereto
.
It
is
probable
nevertheless
,
that
the
Laws
were
in
the
Norman
Tongue
;
and
it
is
no
less
likely
that
the
Pleadings
,
in
real
Actions
especially
,
were
also
in
the
same
Language
;
else
must
the
Normans
be
put
to
School
to
learn
English
,
upon
peril
of
loss
of
their
Estates
.
But
that
either
the
written
Laws
were
wholly
concluded
into
the
Norman
Tongue
,
or
that
the
publick
pleading
of
Causes
by
word
of
mouth
in
all
Actions
where
the
issue
was
left
to
the
Country
,
were
in
any
other
Language
than
English
,
no
advised
Reader
will
conceive
:
seeing
it
had
been
a
madness
for
an
English
Jury
to
pass
their
Verdict
in
any
case
wherein
it
is
likely
many
of
them
understood
scarce
a
syllable
of
the
Norman
Language
,
much
less
ought
of
the
matter
upon
which
their
Verdict
should
be
grounded
.
Adde
hereunto
,
that
it
is
not
likely
but
the
Conquerour
inhibited
the
use
of
the
English
Language
in
all
matters
of
publick
Record
,
inasmuch
as
the
Charters
made
by
him
to
corporate
Towns
and
Franchises
,
were
sometimes
in
the
Saxon
,
more
generally
in
the
Latine
,
but
seldom
or
never
in
the
Norman
Dialect
;
and
that
Pleadings
and
Indictments
were
entred
in
like
manner
in
the
Latine
Tongue
,
as
formerly
by
an
old
custom
brought
in
by
the
Clergie
was
used
:
for
the
Clergie
,
who
had
gotten
the
Key
of
Knowledge
and
Law
into
their
own
custody
,
laid
it
up
it
that
Language
whereof
the
Commons
had
little
knowledge
,
that
they
might
thereby
be
enforced
to
depend
upon
these
men
for
Justice
,
as
well
as
for
Piety
.
The
Normans
therefore
either
found
it
too
hard
to
alter
the
former
custom
in
such
cases
,
or
else
thought
it
the
wisest
way
to
chuse
the
Latine
as
a
third
Language
,
indifferent
as
well
to
the
Normans
as
Saxons
,
and
best
understood
of
any
foreign
Tongue
besides
:
and
yet
endeavoured
to
bring
both
Peoples
into
one
Language
,
as
they
were
intended
to
be
one
People
;
and
to
press
the
use
of
the
Norman
Tongue
in
publick
affairs
,
so
far
as
might
consist
with
good
Government
and
Justice
,
leaving
time
and
occasion
to
work
the
issue
;
which
doubtless
was
much
,
and
had
been
more
,
had
the
Norman
Race
continued
in
the
Throne
.
But
falling
out
otherwise
,
the
English
bloud
prevailed
in
the
head
,
and
the
Language
continued
possession
,
mixed
onely
with
some
Norman
words
,
as
the
people
also
were
a
mixed
people
:
So
as
the
Language
was
not
changed
,
though
it
was
altered
.
Lastly
,
it
is
affirmed
,
that
the
Normans
did
impose
a
new
custom
called
Coverfeu
;
and
it
is
thought
by
some
to
be
a
meer
Vassalage
,
that
every
man
at
the
noise
of
the
Bell
every
night
,
must
put
out
both
Fire
and
Candle
;
and
yet
it
is
a
matter
of
so
small
concernment
,
that
(
being
in
its
own
nature
convenient
)
Scotland
received
it
without
such
coercion
:
and
it
can
be
reputed
for
no
other
than
a
seasonable
advice
,
which
any
Corporation
in
time
of
danger
might
order
within
their
own
Precinct
,
without
transgressing
the
Liberty
of
the
Subjects
.
Of
less
consequence
is
that
change
,
which
is
alledged
was
brought
in
by
the
Normans
in
the
sealing
of
Deeds
of
Conveyance
,
by
setting
a
print
upon
Wax
annexed
to
the
Deed
,
which
formerly
was
wont
to
be
by
setting
a
print
upon
the
blank
at
the
end
of
the
Deed
;
and
yet
it
is
looked
upon
by
some
as
a
Trophy
of
Conquest
or
absolute
Government
.
Concerning
which
,
I
will
not
dispute
whether
the
Normans
first
brought
in
this
course
,
but
shall
rest
in
this
,
That
the
King
being
about
to
compleat
the
unity
of
the
Laws
in
the
superstructure
as
well
as
in
the
fundamentals
,
if
herein
and
in
some
other
particulars
the
English
submitted
to
the
Normans
,
they
likewise
stooped
to
the
English
Law
in
other
things
:
And
therefore
such
Concurrences
ought
not
to
be
imputed
unto
a
conquering
power
,
but
unto
moderation
amongst
a
company
of
wise
men
.
Thus
having
glanced
at
the
changes
of
Property
,
Laws
,
Tenures
,
Language
,
and
some
Customs
,
we
come
to
that
which
is
the
main
occasion
of
all
these
Complaints
;
I
mean
,
unlawful
Taxes
,
Afforrestings
,
and
other
such
Oppressions
upon
the
Estates
of
the
People
:
concerning
which
I
purpose
not
to
contend
;
for
much
thereof
is
like
to
be
true
.
The
Norman
Kings
(
especially
the
two
Williams
)
were
under
continual
occasion
of
Expence
,
many
Wars
,
more
Provocations
,
which
kept
them
ever
in
Action
,
and
that
wrought
their
spirits
into
an
immoderate
heat
,
little
inferiour
unto
Rage
;
and
so
they
might
soon
out-reach
their
bounds
,
and
sit
heavie
on
the
People
:
and
in
such
occasions
no
man
escaped
,
Norman
nor
English
,
Clergie-man
nor
Lay-man
;
nor
did
the
Kings
themselves
come
off
such
gainers
,
but
that
they
might
sometimes
put
up
their
gettings
into
their
own
eyes
,
and
see
never
a
whit
the
worse
.
And
yet
to
do
them
right
,
they
were
not
always
of
such
sad
influence
,
but
had
their
lucida
intervalla
;
especially
he
that
had
the
least
cause
,
I
mean
the
Conquerour
,
who
certainly
was
a
man
of
a
serious
regard
;
and
did
not
onely
remit
sometimes
his
Rigour
in
exacting
where
he
ought
not
,
but
also
forbear
to
require
that
which
he
had
some
colour
to
demand
:
For
whereas
the
Dane-guelt
was
left
unto
him
in
the
nature
of
an
Annuity
,
he
was
contented
to
turn
it
into
a
sum
in
gross
,
and
to
demand
it
onely
Cum
ab
exteris
gentibus
bella
vel
opiniones
bellorum
insurgebant
;
I
shall
conclude
this
Norman
Discourse
with
this
Advertisement
:
That
notwithstanding
the
words
Conquerour
and
Conquest
have
often
fallen
from
my
Pen
,
and
hereafter
may
do
the
like
;
yet
can
I
see
no
reason
why
divers
succeeding
Kings
,
coming
to
the
Crown
by
argument
of
the
Sword
,
and
not
by
right
of
Descent
,
may
not
deserve
the
Laurel
as
well
as
the
first
Norman
King
;
onely
because
Fame
hath
fancied
him
that
Title
,
under
a
kind
of
prescription
,
I
do
the
like
.
CHAP.
LVII
.
Of
the
Government
during
the
Reigns
of
Steven
,
Henry
the
2.
Richard
the
1.
and
John.
And
first
of
their
Titles
to
the
Crown
,
and
dispositions
in
Government
.
I
Have
cut
out
this
Portion
of
One
hundred
twenty
and
five
years
(
containing
the
Reigns
of
these
Kings
)
apart
from
their
Successours
,
in
regard
of
their
Titles
;
all
of
them
being
under
one
general
Climate
,
and
breathing
one
air
of
Election
and
Compact
between
them
and
the
People
.
Now
was
the
Issue
male
of
the
Stock
of
Normandy
quite
wasted
▪
I
mean
,
in
relation
to
succession
by
inheritance
:
for
although
it
was
the
lot
of
Henry
the
first
to
have
many
Children
,
yet
it
was
not
his
happiness
to
have
many
Lineal
,
nor
to
hold
what
he
had
;
nor
of
them
all
was
there
left
above
one
that
might
pretend
to
the
Crown
,
and
it
a
Daughter
,
who
was
the
great
Grandmother
to
all
the
succeeding
Kings
till
this
day
.
Quietly
,
said
I
?
that
I
must
retract
;
for
he
never
had
quiet
during
his
life
,
though
generally
he
was
victorious
,
and
did
as
much
as
a
King
could
do
,
that
had
the
passions
of
a
man
and
Souldier
,
to
give
the
Subjects
content
.
The
true
cause
whereof
,
was
an
errour
in
the
tying
of
the
Knot
,
wherein
he
neither
became
theirs
,
nor
they
his
;
for
the
Fealty
that
was
sworn
to
him
,
was
but
conditional
,
and
eousque
:
and
yet
the
King's
promises
were
absolute
,
and
better
observed
than
the
Peoples
were
,
possibly
because
his
Engagements
were
more
.
For
besides
his
Protestations
,
the
King
pledged
his
Brother
the
Legate
to
the
people
,
and
mortgaged
himself
to
his
Brother
;
and
to
boot
,
gave
both
to
the
Clergie
and
Barons
liberty
to
build
and
hold
Castles
for
their
private
security
:
The
issue
whereof
may
remind
,
that
too
much
countersecurity
from
the
King
to
the
people
,
is
like
so
many
Covenants
in
Marriage
,
that
make
room
for
jealousie
,
and
are
but
seeds
of
an
unquiet
life
.
And
thus
it
befel
this
King's
Reign
.
His
first
troubles
are
brought
in
by
Historians
,
as
if
they
dropped
from
Heaven
,
yet
probably
came
immediately
from
without
,
viz.
from
beyond
Sea
,
where
the
Empress
was
:
for
as
the
King's
Engagements
were
in
their
first
heat
on
the
one
side
,
so
was
also
the
Empress's
Choler
on
the
other
side
;
and
therefore
might
make
the
first
assault
.
And
the
King
's
first
success
therein
falling
out
prosperously
for
him
,
gave
him
a
conceit
that
he
was
strong
enough
to
encounter
his
own
Covenant
,
although
in
truth
he
invaded
but
the
skirts
thereof
;
I
mean
,
that
collateral
security
of
Castles
:
for
by
experience
he
now
feels
that
they
are
blocks
in
his
way
,
he
must
therefore
have
them
into
his
own
power
.
But
the
Clergie
(
loth
to
forgo
their
pawn
till
they
had
their
full
Bargain
;
for
now
they
were
working
hard
for
investitures
of
the
Mitred
Clergie
,
under
the
patronage
of
a
Legate
that
had
the
King
in
bonds
)
acted
their
parts
so
well
,
as
they
engaged
the
Nobility
for
their
liberty
of
Castles
;
in
which
Atchievement
the
King
was
taken
prisoner
.
The
Empress
betakes
her self
to
the
Clergie
,
and
by
the
Legate's
means
,
procures
a
kind
of
Election
to
be
Queen
:
But
she
sick
of
the
Womans
humour
,
and
thinking
too
much
of
the
Empress
,
and
too
little
of
the
Queen
,
and
forgetting
that
the
English
Crown
would
not
fit
an
Empress
,
unless
she
could
fit
her
head
first
to
it
,
choaked
her
own
Title
by
Prerogative
,
and
so
let
the
Crown
slip
through
her
own
hands
;
which
fell
upon
the
head
of
Steven
again
,
who
maintained
it
by
his
Sword
,
after
by
Composition
,
and
then
died
a
King.
And
thus
like
a
Vapour
mounted
up
by
the
Clergie
,
tossed
by
Tempests
for
a
time
,
and
at
length
falling
,
he
gave
way
to
the
Crown
to
have
its
free
course
to
the
Empress's
Son
by
Geoffery
Plantagenet
.
This
was
Henry
the
second
,
English
Laws
;
others
more
truly
,
the
first
Mecaenas
since
the
Conquest
,
that
brought
on
the
spring-time
of
a
setled
Common-wealth
;
and
therefore
left
this
fair
testimony
,
by
his
putting
forth
that
Primrose
of
English
Laws
,
under
the
name
of
Glanvil
;
letting
all
men
know
,
that
thenceforth
England
would
no
more
veil
itself
in
an
unknown
Law
,
but
explain
itself
unto
the
World
to
be
a
regular
Government
.
Such
was
the
King's
Idea
;
yet
was
he
touched
with
so
much
of
the
common
infirmity
of
Kings
,
as
shewed
him
to
be
a
man
;
especially
in
his
old
age
,
being
loaden
with
Military
Affairs
,
wherein
he
had
been
long
exercised
,
he
had
contracted
some
shifting
courses
of
a
Souldier
,
in
gathering
Money
and
Souldiers
somewhat
out
of
the
road-way
of
an
English
King
;
and
led
an
ill
example
to
future
Ages
;
nor
had
he
other
salve
for
this
wound
,
Christian
faith
,
and
for
the
sake
of
Jerusalem
.
Next
comes
in
Richard
the
first
,
Henry
the
Second's
Son
both
in
birth
and
courage
;
the
First
.
yet
was
his
behaviour
to
his
Father
such
,
that
his
meritorious
Holy
War
could
never
wipe
it
out
of
the
Calendar
of
story
.
His
entrance
was
upon
an
Election
made
in
his
Fathers
life-time
,
and
the
same
confirmed
by
receiving
of
Homage
from
the
Peers
.
The
sad
troubles
that
this
Election
amongst
other
things
occasioned
to
his
Father
in
his
old
age
,
shew
plainly
that
Richard
trusted
not
to
the
Title
of
Inheritance
;
Holy
War
.
But
above
all
,
he
was
the
Clergies
darling
,
not
only
for
his
adventure
in
the
Holy
Land
,
but
now
much
more
in
his
return
by
his
imprisonment
in
Germany
;
and
therefore
they
sluck
close
to
him
in
his
absence
,
not
only
in
maintenance
of
his
right
to
the
C●own
(
whereto
some
made
claim
,
and
his
own
Brother
John
did
more
)
but
emptied
themselves
to
the
utmost
for
his
delivery
,
which
they
effected
,
to
the
envy
of
the
French
,
and
such
as
longed
for
his
downfal
here
in
England
.
The
King
comes
like
the
Sun-rising
,
scattering
his
Brothers
designs
by
his
very
view
;
then
returns
his
thoughts
for
France
,
where
he
spent
the
rest
of
a
restless
life
:
and
as
his
entry
upon
the
Throne
was
unnatural
(
for
he
made
his
way
upon
his
Fathers
Herse
)
so
was
his
Reign
full
of
troubles
,
and
his
end
not
unlike
;
for
it
was
violent
,
and
by
the
hand
of
his
own
subject
;
and
so
ended
his
Reign
,
that
scarce
had
any
begining
.
Next
comes
in
King
John
to
act
his
part
,
The
general
temper
of
his
Government
sheweth
,
that
though
the
King
must
be
thought
sober
,
yet
the
man
was
mad
,
for
he
hawked
at
all
manner
of
game
,
France
,
Scotland
,
England
,
Laity
,
Clergy
,
spared
not
the
Pope
himself
,
scorned
to
stoop
to
occasion
;
all
which
he
did
by
the
strength
of
the
name
of
a
King
:
till
at
length
,
being
well
cuft
and
plumed
,
he
was
fain
to
yoke
his
lawless
will
under
the
grand
Charter
,
depose
his
Crown
at
the
Popes
foot
,
and
instead
of
a
King
,
became
little
better
than
a
chief
Lord
in
England
.
Thus
although
Richard
the
First
forgot
this
mans
disloyalty
,
yet
God
remembred
it
:
for
the
King
having
gotten
the
Pope
upon
the
hip
,
and
put
him
to
his
last
shift
to
stir
up
the
French
to
set
his
curse
on
work
,
was
by
a
hidden
providence
conquered
in
the
middest
of
a
Royal
Army
,
without
view
of
Enemy
,
or
other
weapon
than
a
meer
noise
;
his
Nobility
(
either
suspecting
all
would
be
gone
to
Rome
,
or
expecting
that
the
King
would
not
deny
them
their
own
,
seeing
he
had
been
so
profuse
in
giving
away
that
which
was
not
his
)
demand
that
their
Liberties
might
be
confirmed
;
but
he
being
loath
to
be
mated
by
his
Nobles
,
though
he
was
overmatched
by
the
Pope
,
arms
himself
with
the
Popes
curse
,
and
the
Lords
themselves
with
the
Frenchmens
power
;
thus
the
Tables
are
turned
,
and
the
French
playing
an
after-game
to
gain
to
themselves
the
Crown
of
England
,
after
they
saw
the
death
of
a
Warlike
King
,
discovered
their
design
before
it
was
ripe
;
and
in
the
conclusion
were
beaten
out
of
the
Kingdom
by
a
Child
.
It
is
not
worth
inquiry
what
the
King
allowed
or
disallowed
;
for
it
was
his
course
to
repent
of
any
thing
done
contrary
to
his
present
sense
,
and
made
it
his
chief
principle
in
policy
to
have
no
principle
but
desire
;
wherein
he
triumphed
too
long
,
by
reason
of
the
contentions
between
the
Clergie
and
the
Laity
;
which
coming
nigh
unto
the
push
of
pike
,
and
the
King
ready
for
the
spoil
of
both
;
the
Barons
and
Clergy
suddenly
close
their
files
,
and
like
a
stone-wall
stood
firm
to
each
other
,
till
the
King
wearied
with
succesless
labour
,
was
glad
to
give
and
take
breath
,
confirmed
the
Liberties
of
the
people
by
his
Charter
,
which
is
now
called
the
Magna
Charta
,
re
disseisin
;
a
desperate
remedy
for
a
desperate
condition
,
wherein
the
Common-wealth
then
lay
between
life
and
death
,
upon
the
rack
of
the
will
of
a
King
,
that
would
be
controuled
by
nothing
but
his
own
appetite
,
and
was
in
the
end
devoured
by
it
.
CHAP.
LVIII
.
Of
the
state
of
the
Nobility
of
England
from
the
Conquest
,
and
during
the
Reign
of
these
several
Kings
.
UNder
the
Title
of
the
Nobility
of
England
,
I
shall
comprehend
all
such
as
are
of
the
greatest
eminency
for
birth
,
or
wisdom
and
learning
,
and
advancement
into
place
of
Government
and
Honour
.
These
were
in
the
Saxons
times
the
flower
of
the
people
,
flourishing
only
from
the
honour
that
ascended
from
beneath
;
their
deportment
then
was
full
of
chear
and
safety
to
the
people
:
after
that
Royalty
sprung
up
,
the
influence
thereof
upon
them
exhaled
such
a
reciprocal
interest
back
again
,
as
made
them
less
regardful
of
their
own
root
;
whereas
we
see
the
more
mature
flowers
are
the
more
propense
to
turn
head
and
look
downward
to
their
own
original
.
This
distemper
was
yet
much
worse
by
the
coming
in
of
the
Normans
,
whose
Nobility
,
besides
their
Titles
of
honour
in
their
own
Countrey
,
obtained
by
custom
such
command
and
power
amongst
the
meaner
sort
,
being
Souldiers
under
them
in
time
of
the
service
in
the
field
,
that
(
when
the
Wars
had
breathed
out
their
last
)
neither
of
them
could
forget
,
or
were
very
careful
to
lay
aside
.
This
was
observed
by
Kings
,
and
advantage
espyed
to
climb
to
the
top
of
Monarchy
by
the
help
of
these
great
men
;
whom
if
they
could
make
their
own
,
all
would
be
theirs
;
and
therein
they
had
prevailed
much
more
than
they
did
,
if
they
had
been
wise
enough
to
have
maintained
them
in
unity
;
but
in
that
failing
,
the
Kings
were
necessitated
to
take
parties
,
and
serve
the
Nobility
to
save
the
main
:
and
thus
continued
they
a
considerable
party
in
the
Government
of
this
Kingdom
from
the
Normans
,
for
the
space
of
two
hundred
years
well-nigh
,
to
the
prejudice
both
of
the
growth
of
the
Prerogative
of
Kings
,
and
Liberties
of
the
Commons
;
and
benefit
of
none
but
the
Lords
,
who
in
those
unquiet
times
were
the
chief
Commanders
in
the
field
.
This
errour
of
the
Kings
was
soon
espied
,
but
could
not
be
avoided
:
it
is
natural
to
man
to
be
proud
,
and
to
such
to
fall
into
contention
;
another
course
therefore
is
taken
,
viz.
to
raise
up
some
so
high
as
may
over-top
all
,
and
keep
them
under
:
nor
is
it
altogether
without
reason
,
for
Kings
are
no
ubiquitaries
,
and
some
must
bear
their
power
where
they
cannot
be
personally
present
;
yet
it
is
dangerous
to
bestow
too
much
upon
one
man
,
for
there
is
no
man
fitting
to
be
a
King
,
but
himself
that
is
a
King
;
and
where
Kings
are
immoderate
in
bestowing
power
,
it
many
times
works
much
woe
to
the
people
,
and
not
seldom
sorrow
to
the
Kings
themselves
.
The
place
of
the
chief
Justice
was
in
shew
but
one
Office
,
yet
in
these
times
was
in
nature
of
the
Kings
Lieutenant-general
throughout
the
Kingdom
.
A
power
and
work
too
great
for
any
one
man
in
the
World
,
that
can
make
no
Deputies
to
manage
it
;
and
yet
in
those
times
you
shall
meet
with
one
man
made
up
of
an
Arch-bishop
,
a
Legat
,
and
chief
Justice
of
England
;
Comites
&
Barones
Regalis
Curiae
Angliae
adjudicaverunt
,
&c.
So
as
though
doubtless
many
were
absent
,
some
being
enemies
,
others
discontented
,
others
upon
other
occasions
;
yet
all
might
claim
their
Votes
as
Barons
.
The
President
over
all
the
rest
was
the
Chief
Justice
,
as
if
the
King
were
present
then
himself
;
and
by
him
was
the
Sentence
or
Judgment
declared
,
according
to
the
entry
in
that
Case
aforesaid
,
Habito
Concilio
cum
Episcopis
,
Comitibus
&
Baronibus
,
adjudicavimus
,
&c.
The
honour
of
this
Court
was
great
,
so
long
as
the
Lords
had
liberty
or
care
to
attend
thereon
:
but
when
Kings
began
to
have
private
interests
,
they
would
have
these
to
be
more
private
Councils
;
which
weakned
the
esteem
of
Conclusions
that
there
passed
,
and
reduced
the
honour
thereof
scarce
to
the
degree
of
a
Conventicle
.
And
by
this
means
the
necessity
of
calling
together
the
whole
Body-Representative
,
was
made
more
frequent
,
the
power
of
the
Nobility
of
England
decayed
,
and
this
Court
forfeited
all
its
Juridical
power
to
the
three
Courts
at
Westminster
,
viz.
the
Kings-bench
,
Common-pleas
,
and
Exchequer
;
saving
still
the
supreme
Judicature
unto
the
grand
Convention
of
Estates
in
Parliament
,
where
all
the
Lords
had
liberty
of
meeting
,
and
free
voting
without
impeachment
.
CHAP.
LIX
.
Of
the
state
of
the
Clergie
,
and
their
power
in
this
Kingdom
from
the
Normans
time
.
IF
the
Prerogative
of
Kings
prevailed
not
to
its
utmost
pitch
during
the
Normans
time
,
it
did
much
less
in
these
times
succeeding
,
wherein
the
Clergie
took
up
the
Bùcklers
,
and
beat
both
King
and
Commons
to
a
Retreat
;
themselves
in
the
interim
remaining
sole
Triumphers
in
the
Field
.
In
their
first
Adventure
they
paced
the
Stage
,
no
man
appearing
to
oppose
:
Steven
then
was
King
by
their
leave
,
and
their
Bond-servant
;
and
they
might
have
any
thing
,
sobeit
they
would
suffer
him
to
enjoy
his
Crown
.
His
Brother
the
Bishop
was
the
Pope's
servant
,
the
Church-mens
patron
,
and
the
King's
surety
;
in
whom
the
Clergies
favour
to
the
King
,
and
his
good
behaviour
toward
them
and
all
men
,
concentred
.
Besides
all
this
,
the
King
was
but
so
upon
condition
;
and
there
being
no
better
Title
than
Election
,
Conscience
in
those
times
was
well
enough
satisfied
in
the
breach
of
Covenant
on
their
part
,
when
on
the
King's
part
it
was
first
broken
.
All
this
the
King
saw
full
well
;
and
therefore
what
can
he
deny
to
such
Benefactors
?
Vacancies
of
Churches
he
readily
parts
with
;
and
his
right
of
investiture
of
the
Mitred
Clergie
he
dispensed
:
so
as
he
open'd
the
way
to
his
Successours
of
an
utter
dereliction
of
that
Priviledge
.
He
sees
his
Brother
the
Legate
deflower
the
Crown
of
England
,
by
maintaining
Appeals
from
the
Courts
in
England
unto
the
Court
of
Rome
,
and
he
says
nothing
;
he
is
contented
with
the
stump
of
the
Crown
and
(
with
Saul
)
if
he
be
but
honoured
above
or
before
all
others
of
the
people
,
it
is
enough
:
But
the
Clergie
,
like
the
barren
Womb
,
hath
not
yet
enough
.
The
King
hath
allowed
them
Castles
;
and
too
late
he
sees
,
that
instead
of
being
Defences
against
the
Imperial
power
of
the
Empress
,
they
are
now
made
Bulwarks
against
the
lawful
power
of
a
King
:
he
had
therefore
endeavoured
to
get
them
down
,
and
gotten
some
of
them
into
his
power
.
The
King
himself
is
now
summoned
to
answer
this
before
a
Legatine
Council
,
wherein
his
Brother
is
President
:
That
was
a
bold
adventure
in
them
;
but
it
was
extreme
rashness
in
him
to
appear
and
plead
the
Cause
of
the
Crown
of
England
before
a
Conventicle
of
his
own
Subjects
.
And
thus
to
secure
Rome
of
Supremacy
in
Appeals
,
he
suffers
a
recovery
thereof
against
his
own
person
in
a
Court
of
Record
;
and
so
loses
himself
,
to
save
the
Crown
.
Thus
are
Synods
mounted
up
on
Eagles
wings
;
they
have
the
King
under
them
,
they
will
next
have
the
Crown
.
Within
a
while
Steven
is
taken
prisoner
:
The
Empress
perceiving
the
power
of
the
Clergie
,
betakes
her
case
to
them
now
assembled
in
Synod
;
they
now
proud
of
the
occasion
(
and
conceiting
that
both
Law
and
Gospel
were
now
under
their
decree
)
publish
,
That
the
Election
of
the
King
belongeth
unto
them
;
and
by
them
the
Empress
is
elected
Queen
in
open
Synod
,
Steven's
Brother
leading
the
game
:
and
had
she
been
as
willing
to
have
admitted
of
the
Laws
as
Steven
was
,
she
had
so
continued
,
and
had
left
a
strange
President
in
the
English
Government
for
Posterity
.
But
the
Citizens
of
London
,
who
had
made
the
way
to
the
Throne
for
Steven
,
reduced
the
Synod
to
sober
consideration
,
and
helped
the
King's
return
unto
his
Throne
again
;
wherein
he
continued
a
friend
to
the
Clergie
during
the
rest
of
his
time
.
Henry
the
second
succeeded
him
:
as
brave
a
man
as
he
,
but
beyond
him
in
Title
and
Power
;
and
one
that
came
to
the
Crown
without
pre-engagement
by
Promise
or
Covenant
,
saving
that
which
was
proper
for
a
King.
A
man
he
was
that
knew
full
well
the
Interests
in
the
Government
,
the
growing
power
of
the
Clergie
,
and
the
advantages
lost
from
the
Crown
by
his
Predecessor
:
And
to
regain
these
,
he
smooths
his
way
towards
these
braving
men
,
Heir
of
Jesus
Christ
,
to
have
the
Islands
and
utmost
parts
of
the
Earth
for
his
possession
;
and
,
as
if
he
meaned
to
be
as
good
to
the
Church
as
Steven
was
,
and
much
better
,
he
desires
the
Pope's
kindness
for
the
confirmation
of
the
Liberties
and
Customs
of
his
Crown
and
Kingdom
;
and
no
sooner
desired
than
obtained
.
This
was
a
second
Example
of
a
King
of
England
,
but
the
first
of
an
English
King
,
that
sought
to
Rome
for
Right
in
the
Crown
;
and
thereby
taught
the
Pope
to
demand
it
as
a
priviledge
belonging
to
the
Tripple
.
Crown
.
Nor
was
Henry
the
second
less
benign
to
the
Church-men
,
till
he
found
by
his
dear-bought
experience
that
he
had
nourished
Scorpions
;
and
would
have
suppressed
them
,
but
was
rather
suppressed
himself
;
as
in
that
shameful
success
of
the
death
of
Becket
may
appear
,
wherein
he
yielded
the
day
up
to
the
Clergie
,
who
formerly
scorned
to
stoop
to
the
greatest
Potentate
on
Earth
.
The
State
of
Kings
is
to
be
pitied
,
who
must
maintain
a
politick
affection
above
,
and
sometimes
against
Nature
it self
,
if
they
will
escape
the
note
of
Tyranny
in
their
Undertakings
,
The
particulars
in
debate
were
set
down
in
the
nature
of
Laws
or
Constitutions
,
commonly
called
the
Constitutions
at
Clarindon
;
which
shew
the
prevailing
humour
that
then
over-spread
the
body
of
the
Clergie
in
those
days
:
and
therefore
I
shall
sum
them
up
as
follows
.
Rights
of
Advowsons
shall
be
determined
in
the
King
's
Court.
This
had
been
quarrelled
from
the
first
Normans
time
,
but
could
never
be
recovered
by
the
Clergie
.
Before
the
Normans
time
,
the
County-courts
had
them
,
and
there
they
were
determined
before
the
Bishop
and
Sheriff
;
but
the
Ecclesiastical
Causes
being
reduced
to
Ecclesiastical
Courts
,
and
the
Sheriff
and
the
Laity
sequestred
from
intermeddling
,
the
Normans
,
according
to
the
custom
in
their
own
Country
,
reduced
also
the
tryal
of
rights
of
Advowsons
unto
the
Supreme
Courts
:
partly
because
the
King's
Title
was
much
concerned
therein
,
and
the
Norman
Lords
no
less
;
but
principally
in
regard
that
Rights
require
the
consideration
of
such
as
are
the
most
learned
in
the
Laws
.
Rights
of
Tythes
of
a
Lay-fee
,
Pleas
of
Debts
by
troth-plight
,
These
were
Saxon
Laws
,
and
do
intimate
,
that
it
was
the
endeavour
of
the
Clergie
to
get
the
sole
cognizance
of
Tythes
,
because
they
were
originally
their
dues
;
and
of
Debts
by
troth-plight
,
because
that
Oaths
seemed
to
relate
much
to
Religion
,
whereof
they
held
themselves
the
onely
Professors
.
The
King's
Justice
shall
reform
Errours
of
the
Ecclesiastical
Courts
,
Appeals
shall
be
from
Arch-Deacons
Courts
to
the
Bishops
Courts
,
No
man
that
ever
was
acquainted
with
Antiquity
,
The
King
shall
have
vacancies
of
Churches
,
secret
Council
:
The
Party
elected
shall
do
homage
salvo
ordine
,
and
then
shall
be
consecrated
.
This
certainly
was
none
of
the
best
,
yet
it
was
a
custom
not
altogether
against
reason
,
although
not
suitable
to
the
opinion
of
many
;
yet
we
meet
two
alterations
of
the
ancient
custom
.
First
,
that
the
election
shall
be
by
the
King
and
secret
Council
;
whereas
formerly
the
election
of
Bishops
and
Archbishops
was
of
such
publick
concernment
,
as
the
Parliament
took
cognizance
thereof
;
and
(
that
which
was
worse
)
a
Council
was
hereby
allowed
,
called
a
secret
Council
,
which
in
effect
is
a
Council
to
serve
the
King's
private
aims
;
and
unto
this
Council
,
power
given
in
the
ordering
of
the
publick
affairs
,
without
advice
of
the
publick
Council
of
Lords
,
which
was
the
onely
Council
of
State
in
former
times
.
And
thus
the
publick
affairs
are
made
to
correspond
with
the
King
's
private
interest
,
which
hath
been
the
cause
of
much
irregularity
in
the
Government
of
this
Island
ever
since
.
The
second
alteration
resteth
in
the
salvo
,
which
is
a
clause
never
formerly
allowed
,
unless
by
practice
in
Steven's
time
,
whenas
there
was
little
regard
of
the
one
or
the
other
:
Nor
doth
it
concur
with
the
file
of
story
,
No
Clergie-man
or
other
may
depart
the
Realm
,
It
is
a
Law
of
Nations
,
and
must
be
agreed
on
all
hands
,
that
no
reason
of
State
can
allow
dispensations
therein
,
especially
in
a
doubtful
Government
,
where
the
Supremacy
is
in
dispute
:
and
this
the
wilful
Archbishop
never
questioned
,
till
he
questioned
all
Authority
,
but
in
order
to
his
own
;
for
but
the
year
before
,
when
he
went
to
Turonn
to
the
general
Council
upon
summons
,
No
Sentence
of
Excommunication
or
Interdiction
to
pass
against
the
King's
Tenant
or
any
Minister
of
State
,
Till
the
Conquest
,
The
Laity
are
not
to
be
proceeded
against
in
Ecclesiastical
Courts
,
A
negative
Law
,
that
implieth
another
course
was
used
upon
light
Fame
or
Suspition
ex
officio
,
although
the
Oath
at
that
time
was
not
born
into
the
World
,
and
that
all
this
was
contrary
to
the
liberty
of
the
Subject
,
and
Law
of
the
Land
:
And
it
intimates
a
ground
of
prohibition
in
all
such
cases
upon
the
Common
Law
;
which
also
was
the
ancient
course
in
the
Saxons
times
,
as
hath
been
formerly
noted
.
Excommunicated
persons
shall
be
compelled
onely
to
give
pledge
,
Upon
the
taking
and
imprisoning
of
the
party
excommunicate
,
Persons
cited
,
If
the
King's
Officer
make
default
,
he
shall
be
amerced
,
and
then
the
party
interdicted
may
be
excommunicated
.
So
as
the
Process
in
the
Spiritual
Courts
was
to
be
regulated
according
to
Law.
Nor
did
it
lie
in
the
power
of
such
Courts
to
order
their
own
way
,
or
scatter
the
censure
of
Excommunication
according
to
their
own
liking
.
This
,
together
with
all
those
that
forego
,
the
Arch-bishop
upon
his
repentance
absolutely
withstood
,
although
he
had
twice
consented
,
and
once
subscribed
to
them
,
Clergy-men
holding
per
Baroniam
,
Two
things
are
hereby
manifest
.
First
,
that
notwithstanding
the
Conquerour's
Law
formerly
mentioned
,
Bishops
still
sate
as
Judges
in
the
King's
Courts
,
as
they
had
done
in
the
Saxon
times
;
but
it
was
upon
causes
that
merely
concerned
the
Laity
;
so
as
the
Law
of
the
Conquerour
extended
onely
to
separate
the
Laity
out
of
the
Spiritual-Courts
,
and
not
the
Clergie
out
of
the
Lay-Courts
.
Secondly
,
that
the
Clergie
,
especially
those
of
the
greater
sort
,
questioned
their
services
due
by
Tenure
,
as
if
they
intended
neither
Lord
nor
King
,
but
the
Pope
onely
.
Doubtless
the
use
of
Tenures
in
those
times
was
of
infinite
consequence
to
the
peace
of
the
Kingdom
,
and
government
of
these
Kings
;
whenas
by
these
principally
,
not
onely
all
degrees
were
united
and
made
dependant
from
the
Lord
paramount
to
the
Tenant
peravale
,
but
especially
the
Clergie
with
the
Laity
upon
the
Crown
;
without
which
,
a
strange
metamorphosis
in
Government
must
needs
have
ensued
,
beyond
the
shape
of
any
reasonable
conceit
,
the
one
half
almost
of
the
people
in
England
being
absolutely
put
under
the
Dominion
of
a
foreign
power
.
Sanctuary
shall
not
protect
forfeited
Goods
,
This
was
Law
;
but
violence
did
both
now
and
afterwards
much
obliterate
it
.
Churches
holden
of
the
King
shall
not
be
aliened
without
License
.
It
was
an
ancient
Law
of
the
Saxons
,
that
no
Tenements
holden
by
service
could
be
aliened
without
License
or
consent
of
the
Lord
,
because
of
the
Allegiance
between
Lord
and
Tenant
.
Now
there
was
no
question
but
that
Churches
might
lie
in
Tenure
as
well
as
other
Tenements
;
but
the
strife
was
by
the
Church-men
,
to
hold
their
Tenements
free
from
all
humane
service
;
which
the
King
withstood
.
Sons
of
the
Laity
shall
not
be
admitted
into
a
Monastery
without
the
Lord's
consent
.
Upon
the
same
ground
with
the
former
:
for
the
Lord
had
not
onely
right
in
his
Tenant
,
which
could
not
be
aliened
without
his
consent
,
but
also
a
right
in
his
Tenant's
Children
,
in
regard
they
in
time
might
by
descent
become
his
Tenants
,
and
so
lie
under
the
same
ground
of
Law
:
For
although
this
be
no
alienation
by
legal
purchase
,
yet
it
is
in
nature
of
the
same
relation
;
for
he
that
is
in
a
Monastery
is
dead
to
all
worldly
affairs
.
These
then
are
the
rights
that
the
King
claimed
,
and
the
Clergy
disclaimed
at
the
first
;
although
upon
more
sober
consideration
they
generally
consented
unto
the
five
last
:
But
their
Captain-Archbishop
Becket
withstood
the
rest
,
which
cost
him
his
life
in
the
conclusion
;
with
this
honourable
testimony
,
that
his
death
,
Sampson-like
,
effected
more
than
his
life
:
For
the
main
thing
of
all
the
rest
the
Pope
gained
to
be
friends
,
for
the
loss
of
so
great
a
stickler
in
the
Church-affairs
as
Becket
was
.
In
this
Tragedy
the
Pope
observing
how
the
English
Bishops
had
forsaken
their
Archbishops
,
espied
a
muse
through
which
all
the
game
of
the
Popedom
might
soon
escape
,
and
the
Pope
be
left
to
sit
upon
Thorns
in
regard
of
his
Authority
here
in
England
.
For
let
the
Metropolitan
of
all
England
be
a
sworn
servant
to
the
Metropolitan
of
the
Christian
World
,
and
the
rest
of
the
English
Bishops
not
concur
,
it
will
make
the
Tripple
Crown
at
the
best
but
double
.
-
1.
To
absolute
allegiance
to
the
Pope
and
Romish
Church
.
-
2.
Not
to
further
by
deed
or
consent
any
prejudice
to
them
.
-
3.
To
conceal
their
Counsels
.
-
4.
To
aid
the
Roman
Papacy
against
all
persons
.
-
5.
To
assist
the
Roman
Legat.
-
6.
To
come
to
Synods
upon
Summons
.
-
7.
To
visit
Rome
once
every
three
years
.
-
8.
Not
to
sell
any
part
of
their
Bishoprick
without
consent
of
the
Pope
.
And
thus
the
English
Bishops
that
formerly
did
but
regard
Rome
,
now
give
their
Estates
,
Bodies
and
Souls
unto
her
service
;
that
which
remains
,
the
King
of
England
may
keep
:
This
was
too
much
for
so
brave
a
King
as
Henry
the
second
,
to
lose
the
scare-crow-power
of
Rome
:
yet
it
befel
him
as
many
great
spirits
,
that
favour
prevails
more
with
them
than
fear
or
power
:
For
being
towards
his
last
times
worn
with
grief
at
his
unnatural
Sons
,
a
shadow
of
the
kindness
of
the
Pope's
Legat
unto
him
,
No
Clerk
shall
answer
in
the
Lay-courts
,
but
onely
for
the
Forest
,
and
their
Lay-fee
.
This
savoured
more
of
courtesie
than
Justice
,
and
therefore
we
find
not
that
the
same
did
thrive
,
nor
did
continue
long
in
force
as
a
Law
,
although
the
claim
thereof
lasted
.
Vacancies
shall
not
be
holden
in
the
King's
hand
above
one
year
,
unless
upon
case
of
necessity
.
This
seemeth
to
pass
somewhat
from
the
Crown
,
but
lost
it
nothing
;
for
if
the
Clergy
accepted
of
this
grant
,
they
thereby
allow
the
Crown
a
right
to
make
it
,
and
a
liberty
to
determine
its
own
right
,
or
continuing
the
same
by
being
sole
Judge
of
the
necessity
.
Killers
of
Clerks
convicted
,
shall
be
punished
in
the
Bishops
presence
by
the
King's
Justice
.
In
the
licentious
times
of
King
Steven
,
wherein
the
Clergy
played
Rex
,
they
grew
so
unruly
,
that
in
a
short
time
they
had
committed
above
a
Hundred
murthers
.
To
prevent
this
evil
,
the
King
,
loth
to
enter
the
List
with
the
Clergy
about
too
many
matters
,
let
loose
the
Law
of
feud
,
for
the
friends
of
the
party
slain
to
take
revenge
;
and
this
cost
the
bloud
of
many
Clerks
:
The
Laity
haply
,
being
more
industrious
therein
than
otherwise
they
would
have
been
,
because
the
Ecclesiastical
Judge
for
the
most
part
favoured
them
.
As
an
expedient
to
all
which
,
this
Law
was
made
,
and
so
the
Clergy
was
still
left
to
their
Clergy
,
and
Justice
done
upon
such
as
sought
their
bloud
.
Clergy-men
shall
not
be
holden
to
trial
by
Battle
.
It
was
an
ancient
Law
of
the
Saxons
,
and
either
by
neglect
worn
out
of
use
,
or
by
the
valour
of
the
Clergie
laid
aside
,
as
resolving
rather
to
adventure
their
own
bloud
,
than
to
end
their
quarrel
before
the
Lay-Judge
by
Plea
:
but
grown
weary
of
that
course
,
and
likely
also
put
hard
to
the
pinch
upon
Complaints
made
by
them
against
Clerk-slayers
,
they
are
fain
to
have
recourse
to
their
ancient
Priviledge
.
Hitherto
therefore
it
is
manifest
the
Clergie
were
in
their
growing
condition
,
notwithstanding
the
policy
and
power
of
Henry
the
second
,
who
was
the
Paragon
of
that
age
.
After
him
reigned
Richard
the
first
,
that
must
expiate
his
disobedience
to
his
Father
,
by
obedience
to
his
ghostly
Father
the
Pope
,
in
undertaking
the
holy
War
;
and
being
gone
,
left
the
Government
in
his
absence
so
deeply
intrusted
to
the
Clergy
,
as
they
could
lose
nothing
of
what
they
had
gained
,
unless
they
would
;
and
might
have
gained
much
more
than
they
did
or
should
,
had
not
the
Bishop
that
was
the
overseer
of
the
whole
Kingdom
been
drunken
with
vanity
,
and
spued
out
his
own
shame
.
However
the
success
was
,
it
was
not
contrary
to
the
principles
of
those
times
:
for
Richard
had
experience
in
the
Emperour
Frederick
and
his
Father's
example
,
that
the
Pope
and
Clergie
were
too
hard
for
all
the
Potentates
in
Europe
,
and
therefore
might
most
safely
trust
them
with
all
he
had
at
home
,
whilst
he
was
in
their
service
abroad
.
Nor
were
they
short
of
what
was
intrusted
to
them
,
but
stuck
close
for
the
maintenance
of
his
right
to
the
Crown
,
and
emptied
themselves
even
to
the
very
consecrated
Vessels
,
and
procured
the
Laity
of
all
sorts
to
do
the
like
,
to
save
the
Kingdom
from
the
rape
of
strangers
and
usurpers
,
who
esteemed
the
King
dead
in
Law
,
and
as
one
buried
alive
.
Thus
passed
they
to
King
John
the
Government
,
supposing
themselves
well
enough
assured
of
what
they
had
gotten
by
their
several
atchievements
had
under
the
Reigns
of
three
several
Kings
successively
:
And
King
John
might
well
enough
have
understood
the
times
,
if
he
had
seriously
considered
them
:
but
being
heightned
all
his
life-time
with
lawless
Government
,
wherein
he
was
trained
up
in
Ireland
,
he
knew
not
how
to
stoop
,
till
he
stooped
so
low
as
the
Legat's
Knee
,
and
his
Crown
at
the
Pope's
Foot
;
leaving
an
example
to
posterity
to
beware
of
striving
with
the
Clergie
.
If
then
these
sparks
of
ambition
were
so
violent
being
alone
,
certainly
in
their
joynt
consultations
much
more
.
They
had
long
striven
now
since
the
Conquest
to
have
excluded
the
Laity
from
their
Synods
,
and
about
these
days
effected
it
.
And
yet
about
Henry
the
second
's
time
it
may
be
supposed
the
thing
either
was
not
yet
done
,
or
so
lately
,
that
the
Law
was
not
clear
in
that
point
;
for
Petrus
Blecensis
,
who
was
Arch-deacon
of
Bath
about
those
times
,
in
his
Epistle
to
the
Arch-bishop
of
York
concerning
the
restraint
of
the
growing
Sect
of
the
Publicans
,
he
adviseth
in
these
words
:
Accipite
clerum
,
congregate
populum
,
&
ex
eorum
communi
deliberatione
,
qui
Spiritum
Domini
habent
,
terribilis
constitutio
promulgetur
,
&c.
And
if
the
Historian
doth
not
mistake
,
the
proceedings
against
that
Sect
being
onely
for
errours
in
Religion
,
was
in
a
Council
of
Bishops
and
Lords
.
Nevertheless
,
whether
present
or
absent
,
the
Laity
sate
there
as
Cyphers
,
making
the
number
great
,
but
not
valuable
by
themselves
.
For
even
in
the
Norman
times
they
were
brought
so
low
,
as
the
Constitution
made
by
the
Clergie
wrought
more
upon
them
,
than
civility
it self
can
work
upon
professors
of
Religion
in
these
days
.
the
election
of
the
King
belonged
to
them
;
as
in
the
case
of
the
election
of
Maude
the
Empress
,
CHAP.
LX.
Of
the
English
Commonalty
since
the
Normans
time
.
THe
dignity
of
the
English
Crown
thus
deflowred
by
the
great
men
,
was
no
loss
to
the
Common
people
:
For
as
in
all
decays
of
Monarchy
the
great
men
get
nothing
if
they
please
not
the
people
,
so
the
King
can
hold
nothing
if
they
be
not
contented
.
And
yet
contented
or
not
contented
,
they
could
not
gain
much
;
for
as
affairs
stood
then
in
the
Christian
world
,
the
Politicians
discourse
of
three
kinds
of
Government
proved
idle
;
neither
could
Monarchy
,
Aristocracy
,
nor
Democracy
,
attain
any
semblable
condition
in
any
place
,
so
long
as
the
Church
held
its
design
apart
,
and
prevailed
to
have
the
greatest
share
in
all
;
not
now
by
the
favour
either
of
great
or
small
,
but
by
a
pretended
divine
right
,
through
which
they
now
had
gotten
to
their
full
pitch
of
Lordship
in
the
Consciences
of
men
.
It
must
be
acknowledged
that
this
was
a
distemper
in
Government
;
yet
such
it
was
,
as
kept
humours
low
,
and
restrained
the
inordinate
excesses
that
in
all
kinds
of
Government
are
subject
to
break
forth
;
so
as
neither
King
,
nor
Lords
,
nor
People
could
swell
into
larger
proportion
than
would
suit
with
the
ends
of
the
Church-men
.
But
to
mind
the
matter
in
hand
:
somewhat
the
Commons
gained
in
these
stormy
times
:
The
Taxes
that
they
were
charged
with
,
were
rather
perswaded
than
imposed
upon
them
;
and
generally
they
were
sparing
in
that
work
:
and
it
is
noted
for
the
honour
of
King
Steven
,
that
though
he
was
seldom
without
War
,
yet
he
not
onely
never
charged
the
people
with
any
Tax
,
but
released
that
of
Dane-gelt
,
and
acquitted
the
Subject
for
ever
of
that
Tax
,
which
former
Kings
challenged
as
their
right
;
all
which
shew
him
to
be
a
brave
King
,
if
he
was
not
a
very
rich
man
.
Henry
the
second
was
more
heavy
,
because
he
had
more
to
do
:
yet
find
we
but
one
assessment
,
which
was
Escuage
,
unless
for
the
holy
War
,
which
was
more
the
Clergy-mens
than
his
.
Richard
was
yet
a
greater
burthen
:
his
Reign
was
troublesome
to
him
,
and
he
deserved
it
;
for
from
the
beginning
thereof
to
the
ending
,
could
never
the
guilt
of
his
disobedience
to
his
Father
be
blotted
out
:
but
it
was
more
troublesome
to
the
people
,
because
it
cost
so
much
treasure
,
was
managed
by
such
ill
Governours
,
(
except
the
Archbishop
of
Canterbury
)
and
was
unsuccessful
in
most
of
his
undertakings
;
yet
never
invaded
the
liberties
of
the
Commons
by
any
face
of
Prerogative
But
what
wanted
in
him
,
was
made
compleat
and
running
over
in
his
Successor
John
,
who
(
to
speak
in
the
most
moderate
sence
of
his
Government
)
being
given
over
to
himself
,
when
he
was
not
himself
,
robbed
the
Lords
of
their
authority
,
bereaved
the
Church
of
its
Rights
,
trod
under
foot
the
Liberties
of
the
people
,
wasted
his
own
Prerogative
:
and
having
brought
all
things
into
despair
,
comes
a
desperate
cure
;
the
head
is
cut
off
to
save
the
body
,
and
a
president
left
for
them
that
list
to
take
it
up
in
future
ages
.
And
thus
that
which
Steven
gave
,
Henry
the
second
lost
,
Richard
the
first
would
not
regain
,
and
John
could
not
;
and
so
all
were
gainers
but
the
Crown
.
CHAP.
LXI
.
Of
Judicature
,
the
Courts
,
and
their
Judges
.
IT
is
no
silent
argument
that
the
Commons
gain
,
where
Laws
grow
into
course
;
and
it
was
the
lot
of
these
troublesome
times
to
lay
a
foundation
of
a
constant
Government
,
such
as
all
men
might
learn
,
which
formerly
was
laid
up
onely
in
the
breasts
of
wise
experienced
men
.
The
two
most
considerable
points
in
Government
,
is
the
Law
,
and
the
Execution
;
the
latter
being
the
life
of
the
former
,
and
that
of
the
Common-wealth
.
I
say
not
that
the
Law
was
augmented
in
the
body
of
it
,
or
that
the
Execution
had
a
freer
course
than
in
the
best
of
the
former
times
;
but
both
were
more
and
more
cleared
to
the
world
in
many
particulars
,
as
well
touching
matters
concerning
practice
of
the
Law
,
as
touching
rules
of
righteousness
.
For
the
first
whereof
,
we
are
beholding
to
Glanvil
in
Henry
the
second
's
time
;
and
for
the
latter
,
to
King
John
,
or
rather
the
Barons
in
his
time
,
in
the
publishing
of
the
Grand
Charter
,
or
an
enumeration
of
the
Liberties
or
Customes
of
the
people
derived
from
the
Saxons
;
revived
,
continued
,
and
confirmed
by
the
Normans
and
their
Successors
:
which
for
the
present
I
shall
leave
in
lance
dubio
,
to
stand
or
fall
,
till
occasion
shall
be
of
clearing
the
point
,
in
regard
that
King
John
soon
repented
of
his
Oath
,
(
the
Bond
of
his
consent
)
and
to
heal
the
Wound
,
got
the
Pope's
pardon
and
blessing
thereupon
:
so
easie
a
thing
it
was
for
a
Son
of
the
Roman
Church
to
pass
for
a
good
Catholick
in
an
unrighteous
way
.
The
execution
of
the
Law
was
done
in
several
Courts
,
according
to
the
several
kinds
of
affairs
,
whereof
some
concerned
matters
of
Crime
and
Penalty
;
and
this
touched
the
King's
honour
,
and
safety
of
the
persons
of
himself
and
his
Subjects
,
and
therefore
are
said
to
be
contra
coronam
&
dignitatem
,
&c.
The
second
sort
concern
the
profits
of
the
Crown
,
or
treasure
of
the
Kingdom
.
The
third
concern
the
safety
of
the
Estates
of
the
people
.
These
three
works
were
appointed
unto
three
several
Courts
,
who
had
their
several
Judges
especially
appointed
to
that
work
.
Originally
they
were
in
one
,
viz.
in
the
supream
Court
of
Judicature
,
the
Court
of
Lords
,
whereof
formerly
was
spoken
;
but
after
,
through
increase
of
affairs
,
by
them
deputed
or
committed
to
the
care
of
several
men
that
were
men
of
skill
in
such
affairs
,
and
yet
retained
the
Supremacy
in
all
such
cases
still
.
And
because
that
which
concerned
the
publick
Treasure
was
of
more
publick
regard
than
the
other
,
the
deputation
thereof
was
committed
probably
to
some
of
their
own
members
,
Barons
of
the
Exchequer
.
The
particular
times
of
these
deputations
appear
not
clearly
out
of
any
monument
of
antiquity
;
nevertheless
it
is
clear
to
me
that
it
was
before
Henry
the
second
's
time
,
as
well
because
Henry
the
first
had
his
Judex
fiscalis
,
Grand
Council
of
Lords
was
laid
aside
by
Kings
,
and
a
Privy-Council
taken
up
,
unto
whom
could
not
regularly
belong
any
juridical
power
,
because
that
remained
originally
in
the
grand
assembly
of
the
Lords
.
Over
these
Courts
,
or
two
of
them
,
one
man
had
the
prime
Title
of
Chief
Justice
,
who
then
was
called
Lord
Chief
Justice
of
England
,
and
whose
office
was
much
of
the
nature
of
the
King's
Lieutenant
in
all
causes
and
places
,
as
well
in
War
as
Peace
;
and
sometimes
was
appointed
to
one
part
of
the
Kingdom
,
and
by
reason
thereof
had
the
name
onely
of
that
part
,
and
some
other
of
the
other
parts
.
The
greatness
of
this
Office
was
such
,
as
the
man
for
necessity
of
state
was
continually
resident
at
the
Court
,
and
by
this
means
the
King's
Court
was
much
attended
by
all
sorts
of
persons
;
which
proved
in
after-times
as
grievous
the
King
,
as
it
was
burthensome
to
the
people
.
Other
Judges
there
were
,
which
were
chosen
for
their
learning
and
experience
,
most
of
them
being
of
the
Clergie
,
as
were
also
the
under-Officers
of
those
Courts
;
for
those
times
were
Romes
hour
,
and
the
power
of
darkness
.
Other
Courts
also
were
in
the
Country
,
and
were
Vicontiel
or
Courts
of
Sheriffs
,
and
Lords
of
Hundreds
and
Corporations
,
and
Lordships
,
as
formerly
;
and
these
were
setled
in
some
place
.
But
others
there
were
,
which
were
itinerant
,
over
which
certain
Judges
presided
,
which
were
elected
by
the
Grand-Council
of
Lords
,
Northern
Circuit
had
six
Justices
,
Common
pleas
throughout
the
Kingdom
.
Richard
Lucy
one
of
the
Justices
had
renounced
his
Office
and
betaken
himself
to
a
Cloister
,
and
yet
was
neither
named
in
the
first
Commission
nor
in
the
latter
;
nor
did
the
last
Commission
continue
five
years
;
Ralph
Glanvil
removed
from
the
Northern
Circuit
to
that
of
Worcester
,
as
by
the
story
of
Sir
Gilbert
Plumpton
may
appear
,
though
little
to
the
honour
of
the
justice
of
the
Kingdom
,
or
of
that
Judge
,
however
his
book
commended
him
to
posterity
.
I
take
it
upon
the
credit
of
the
reporter
,
that
this
itinerary
judicature
was
setled
to
hold
every
Seven
years
;
As
touching
their
power
,
certainly
it
was
in
point
of
judicature
as
large
as
that
of
the
Court
of
Lords
,
though
not
so
high
:
It
was
as
large
,
because
they
had
cognizance
of
all
Causes
both
concerning
the
Crown
and
Common-pleas
.
I
shall
say
no
more
of
this
,
but
that
in
their
original
these
Iters
were
little
other
than
visitations
of
the
Country
by
the
grand
Council
of
Lords
.
Nor
shall
I
adde
any
thing
concerning
the
Vicontiel
Courts
and
other
inferiour
but
what
I
find
in
Glanvil
;
contra
pacem
Domini
Regis
:
CHAP.
LXII
.
Of
certain
Laws
of
Judicature
in
the
time
of
Henry
the
second
.
ANd
hereof
I
shall
note
onely
a
few
as
well
touching
matter
of
the
Crown
as
of
property
,
being
desirous
to
observe
the
changes
of
Law
with
the
times
,
and
the
manner
of
the
growth
thereof
to
that
pitch
which
in
these
times
it
hath
attained
.
We
cannot
find
in
any
story
,
that
the
Saxon
Church
was
infested
with
any
Heresie
,
Lay
power
;
by
which
means
they
were
branded
in
the
fore-head
,
whipped
,
and
exposed
to
extremity
of
the
cold
,
(
according
to
the
decree
of
the
Church
)
died
.
Cog
shall
be
true
which
Picardus
noteth
upon
the
13th
Chapter
of
the
History
of
William
of
Newberry
,
out
of
which
I
have
inserted
this
Relation
.
Another
Case
we
meet
with
in
Henry
the
second
's
time
,
concerning
Apostacy
,
which
was
a
Crime
that
as
it
seems
died
as
soon
as
it
was
born
;
Treason
was
anciently
used
onely
as
a
Crime
of
breach
of
Trust
or
Fealty
,
as
hath
been
already
noted
;
King
and
Kingdom
,
as
in
the
first
times
it
was
more
related
to
the
Kingdom
.
Felonies
,
of
Manslaughter
,
Burning
,
Robbery
,
Ravishment
,
and
Fausonry
,
are
to
be
punished
with
loss
of
Member
and
Estate
.
This
was
the
Law
derived
from
the
Normans
,
and
accordingly
was
the
direction
in
the
Charge
given
to
the
Justices
itinerant
in
Henry
the
second
's
time
,
as
appeareth
in
Hoveden
.
But
Treason
or
Treachery
against
the
Oath
,
Manslaughter
made
not
bailable
.
This
was
Law
in
Henry
the
second
's
time
,
although
it
crossed
the
Norman
Law
;
Robbers
shall
be
committed
to
the
Sheriff
,
or
in
his
absence
to
the
next
Castelane
,
By
the
Conquerour's
Law
these
Offenders
were
bailable
;
Trespasses
upon
Land
,
are
meant
such
as
are
contra
pacem
Domini
Regis
,
as
riotous
and
forcible
Entries
:
for
some
Trespasses
were
against
the
peace
of
the
Sheriff
,
as
formerly
hath
been
observed
.
Fauxonry
is
of
several
degrees
or
kinds
:
some
against
the
King
,
others
against
other
men
;
falsifying
the
King's
Charter
:
and
whether
falsifying
of
Money
were
in
that
condition
or
not
,
I
leave
;
or
falsifying
of
Measures
,
yet
more
inferiour
,
I
cannot
determine
;
but
it
is
clear
by
Glanvil
,
that
falsifying
of
the
Deed
of
a
private
person
,
was
of
smaller
consideration
,
and
at
the
utmost
deserved
but
loss
of
Member
.
Inheritances
may
not
be
aliened
.
Inheritances
were
in
those
times
of
Lands
or
Goods
;
for
it
was
the
custom
then
,
her
reasonable
part
,
the
other
to
the
Heir
,
and
a
third
to
the
Testator
to
make
his
Will
of
them
;
and
of
the
other
two
parts
he
could
not
dispose
by
Will
.
Concerning
Lands
,
it
was
regularly
true
,
that
no
man
could
alien
his
whole
Inheritance
to
the
disherisin
of
his
Heir
,
either
by
Act
in
his
life-time
,
or
any
part
thereof
by
his
last
Will
,
without
the
concurrence
of
the
Heir
.
But
of
purchased
Lands
he
may
give
part
by
Act
executed
in
his
life-time
,
though
he
have
no
Lands
by
inheritance
;
and
if
he
hath
no
Issue
,
then
he
may
alien
all
.
And
where
a
man
hath
Lands
by
inheritance
,
and
also
by
purchase
,
he
may
alien
all
his
purchased
Lands
as
he
pleaseth
.
If
the
Lands
be
holden
in
Gavel-kind
,
no
more
of
the
Inheritance
can
be
conveyed
to
any
of
the
Children
,
than
their
proportionable
parts
will
amount
unto
.
This
Law
of
Inheritance
was
divers
,
according
to
the
Tenure
:
for
the
Lands
in
Knights-service
always
descended
to
the
Heir
;
but
such
as
were
holden
in
Socage
passed
according
to
the
custom
,
either
to
the
eldest
,
or
to
the
youngest
,
or
to
all
equally
.
And
thus
stood
the
general
state
of
Inheritance
from
the
Normans
time
hitherto
,
Free
men
,
that
by
Law
of
Property
might
challenge
a
power
to
do
with
their
own
as
they
pleased
.
But
the
Normans
saw
a
double
prejudice
herein
:
the
first
was
the
danger
of
ruine
of
many
of
their
Families
,
who
now
ingrafted
into
the
English
stock
,
and
yet
not
fully
,
one
might
expect
a
late
check
to
their
preferments
from
the
Saxon
Parents
,
after
a
long
and
fair
semblance
made
of
their
good
Will
.
The
second
prejudice
was
the
decay
of
their
Militia
,
which
was
maintained
by
Riches
more
than
by
multitude
of
men
;
partly
because
that
rich
men
are
most
fearful
of
offending
,
and
therefore
ordinarily
are
most
serviceable
both
with
their
Bodies
and
Estates
against
publick
dangers
;
and
partly
because
by
their
Friends
and
Allies
they
bring
more
aid
unto
the
publick
,
by
engaging
them
in
the
common
Cause
,
that
otherwise
might
prove
unsensible
of
the
condition
of
their
Country
.
The
Heir
of
a
Free-man
shall
by
descent
be
in
such
seisin
as
his
Ancestor
had
at
the
time
of
his
death
,
If
the
Heir
be
under
age
,
the
Lord
shall
have
the
Wardship
for
the
due
time
,
and
the
Wife
her
Dower
and
part
of
the
Goods
.
If
the
Lord
with-hold
seisin
,
the
King's
Justice
shall
try
the
matter
by
twelve
men
.
The
first
of
these
branches
is
declaratory
of
a
ground
of
common
Law
;
but
being
applied
to
the
last
,
is
an
introduction
of
a
new
Law
of
tryal
of
the
Heir
's
Right
by
Assize
of
Mortdancester
,
where
formerly
no
remedy
was
left
to
the
Heir
,
but
a
Writ
of
Right
.
If
these
three
branches
be
particularly
observed
,
they
speak
of
three
sorts
of
Heirs
;
of
Tenants
by
Knight-service
,
viz.
such
as
are
Majors
,
or
of
full
age
;
and
such
as
are
Minors
,
or
under
age
;
and
such
as
are
of
a
doubtful
age
.
Those
that
are
of
full
age
at
the
death
of
their
Ancestors
,
may
possess
the
Lands
descended
,
and
the
Lord
may
not
disseize
him
thereof
;
but
may
be
resisted
by
the
Heir
in
the
maintenance
of
his
possession
,
so
as
he
be
ready
to
pay
Relief
,
and
do
service
that
is
due
:
and
if
the
Lord
expel
him
,
he
shall
have
remedy
by
Assize
.
Those
Heirs
that
are
Minors
,
shall
be
under
the
Lord's
guardianship
till
they
come
to
one
and
twenty
years
.
The
Heirs
of
such
as
hold
by
Socage
,
are
said
to
be
at
full
age
at
fifteen
years
,
because
at
that
age
they
were
thought
able
to
do
that
service
;
but
the
Sons
of
Burgesses
are
then
said
to
be
of
full
age
,
when
they
have
ability
to
manage
their
Father's
Calling
,
such
as
telling
of
Money
,
measuring
of
Cloath
,
and
the
like
:
yet
doth
not
Glanvil
,
or
any
other
,
say
that
these
were
their
full
age
to
all
purposes
;
albeit
that
some
Burroughs
at
this
day
hold
the
last
in
custom
to
all
intents
whatsoever
.
The
last
branch
provideth
the
remedy
to
recover
to
the
Heir
his
possession
in
case
it
be
detained
,
either
through
doubtfulness
of
age
of
the
Heir
,
or
his
Title
:
and
it
directs
the
Issue
to
be
tryed
by
twelve
men
.
This
tryal
some
have
thought
to
be
of
Glanvil's
invention
;
and
it
may
well
be
that
this
tryal
of
this
matter
,
as
thus
set
down
,
was
directed
by
him
:
yet
he
useth
often
in
his
book
the
word
solet
,
and
in
his
Preface
saith
,
That
he
will
set
down
frequentius
usitata
;
and
it
is
past
question
,
but
that
the
tryal
by
twelve
men
was
much
more
ancient
,
as
hath
been
already
noted
.
One
thing
more
yet
remaineth
,
concerning
the
Widow
of
the
Tenant
,
whose
Dower
is
not
onely
provided
for
,
but
her
reasonable
part
of
her
Husband
's
personal
Estate
.
The
original
hereof
was
from
the
Normans
,
and
it
was
as
popular
as
that
of
Wardships
was
Regal
;
and
so
they
made
the
English
women
as
sure
to
them
,
as
they
were
sure
of
their
Children
.
The
Justices
shall
by
Assize
try
Disseisins
done
since
the
King
's
coming
over
Sea
,
next
after
the
peace
made
between
him
and
his
Son.
This
is
called
the
Assize
of
Novel
disseisin
,
or
of
disseisins
lately
made
.
It
seems
that
the
limitation
was
set
for
the
Justices
sake
,
who
now
were
appointed
to
that
work
which
formerly
belonged
to
the
County-courts
;
Justices
shall
do
right
upon
the
King
's
Writ
for
half
a
Knights
Fee
,
and
under
,
unless
in
cases
of
difficulty
,
which
are
to
be
referred
to
the
King.
The
Justices
itinerant
ended
the
smaller
matters
in
their
Circuits
;
the
other
were
reserved
to
the
King
in
his
Bench.
Justices
shall
enquire
of
Escheats
,
Lands
,
Churches
,
and
Women
,
in
the
King's
gift
:
And
of
Castle-guard
,
who
?
how
much
?
and
where
?
So
as
the
Judges
itinerant
had
the
work
of
Escheators
;
and
made
their
Circuits
serve
as
well
for
the
King's
profit
,
as
justice
to
the
Subjects
.
They
used
also
to
take
Fealty
of
the
people
to
the
King
at
one
certain
time
of
the
year
,
and
to
demand
Homage
also
.
These
matters
of
the
King's
Exchequer
made
the
presence
of
the
Judges
less
acceptable
,
and
it
may
be
occasioned
some
kind
of
oppression
.
And
as
touching
Castle-guard
,
it
was
a
Tenure
in
great
use
in
these
bloody
times
;
and
yet
it
seemeth
they
used
to
take
Rent
instead
of
the
personal
service
,
else
had
that
enquiry
(
how
much
?
)
been
improper
.
Of
a
Tenants
holding
,
and
of
several
Lords
.
That
one
man
may
hold
several
Lands
of
several
Lords
,
and
so
owe
service
to
them
all
,
is
so
common
,
as
nothing
can
be
more
:
nevertheless
it
will
not
be
altogether
out
of
the
way
,
to
touch
somewhat
upon
the
nature
of
this
mutual
relation
between
Lord
and
Tenant
in
general
,
that
the
true
nature
of
the
diversity
may
more
fully
appear
.
The
foundation
or
subject
of
service
was
a
piece
of
Land
,
or
other
Tenement
,
at
the
first
given
by
the
Lord
to
the
Tenant
,
in
affirmance
of
a
stipulation
between
them
presupposed
,
by
the
giving
and
receiving
whereof
the
Tenant
undertook
to
peform
service
to
the
Lord
,
and
the
Lord
undertook
protection
of
the
Tenant
in
his
right
to
that
Tenement
.
I
become
your
man
Sir
;
and
yet
promiseth
upon
the
matter
no
more
but
fealty
in
a
deeper
complement
,
albeit
there
be
difference
in
the
adjuncts
belonging
to
eách
.
For
though
it
be
true
that
by
promise
of
being
the
Lord's
man
,
a
general
service
may
seem
to
be
implied
,
yet
in
regard
that
it
is
upon
occasion
only
of
that
present
Tenure
,
it
seemeth
to
me
that
it
is
to
be
restrained
only
to
those
particular
services
which
belong
to
that
Tenement
;
and
therefore
if
that
Tenement
be
holden
in
Socage
,
although
the
Tenant
be
bound
to
homage
,
yet
that
homage
ties
not
the
Tenant
to
the
service
of
a
Knight
;
his
man
.
Nor
doth
the
Tenant's
homage
bind
him
against
all
men
,
nor
ad
semper
;
for
in
case
he
holdeth
of
two
or
divers
Lords
by
homage
for
several
Tenements
,
a
saving
of
the
Tenant's
Faith
made
to
other
Lords
and
to
the
King
;
who
in
order
to
the
publick
had
power
to
command
a
Tenant
into
War
against
his
own
Lord
.
If
therefore
he
be
commanded
by
the
King
in
such
cases
unto
War
,
eldest
Son
Knight
,
the
other
to
marry
his
eldest
Daughter
;
the
third
to
help
him
to
pay
a
relief
to
his
Lord
Paramount
;
which
in
my
opinion
sounds
as
much
as
if
the
Tenants
were
bound
by
their
Tenures
to
aid
their
Lord
in
all
cases
of
extraordinary
charge
(
saving
that
the
Lord
could
not
distrain
his
Tenant
Of
the
power
of
the
last
Will
.
It
is
a
received
opinion
,
that
at
the
common-Law
no
man
could
devise
his
Lands
by
his
last
Will
.
If
thereby
it
be
conceived
to
be
against
common
reason
,
I
shall
not
touch
that
;
but
if
against
custom
of
the
ancient
times
,
I
must
suspend
my
concurrence
therewith
,
until
those
ancient
times
be
defined
:
for
as
yet
I
find
no
testimony
sufficient
to
assert
that
opinion
;
but
rather
that
the
times
hitherto
had
a
sacred
opinion
of
the
last
Will
,
as
of
the
most
serious
,
sincere
,
and
advised
declaration
of
the
most
inward
desires
of
a
man
;
which
was
the
main
thing
looked
unto
in
all
Conveyances
,
Voluntas
donatoris
de
caetero
observetur
.
And
therefore
nothing
was
more
ordinary
than
for
Kings
in
these
times
,
as
much
as
in
them
did
lie
,
last
Will
.
Thus
King
John
appointed
Henry
the
Third
his
Successour
;
and
Richard
the
first
devised
the
Crown
to
King
John
;
and
Henry
the
first
gave
all
his
Lands
to
his
Daughter
;
and
William
the
Conqueror
by
his
last
Will
,
gave
Normandy
to
Robert
,
England
to
William
,
last
Will
,
was
it
then
probable
,
that
the
smaller
Free-holds
should
be
of
too
high
esteem
to
be
credited
to
such
Conveyances
?
I
would
not
be
mistaken
,
as
if
I
thought
that
Crowns
and
Empires
were
at
the
disposal
of
the
last
Will
of
the
possessor
;
nor
do
I
think
that
either
they
were
thus
in
this
Kingdom
,
or
that
there
is
any
reason
that
can
patronize
that
opinion
;
yet
it
will
be
apparent
that
Kings
had
no
sleight
conceit
of
the
last
Will
,
and
knew
no
such
infirmity
in
that
manner
of
conveyance
,
as
is
pretended
;
or
else
would
they
never
have
spent
that
little
breath
left
them
in
vain
.
last
Will
,
that
were
in
and
after
these
times
holden
in
use
,
seem
to
me
rather
remnants
of
the
more
general
custom
,
wasted
by
positive
Laws
,
than
particular
customs
growing
up
against
the
common
rule
.
Feme
coverts
in
these
days
could
make
no
Will
of
their
reasonable
part
,
because
by
the
Saxon
Law
it
belonged
joyntly
to
the
Children
.
Nor
could
Vsurers
continuing
in
that
course
at
the
time
of
their
death
make
their
Will
,
because
their
personal
Estate
belonged
to
the
King
after
their
death
,
and
their
Lands
to
their
Lords
by
escheat
,
although
before
death
they
lie
open
to
no
censure
of
Law
:
but
this
was
by
an
especial
Law
made
since
the
Conquerour's
time
;
for
by
the
Saxon-Law
they
were
reputed
as
Out-Laws
.
last
Will
was
holden
in
the
general
a
good
conveyance
in
Law.
If
the
Will
were
only
intended
and
not
perfected
,
or
no
Will
was
made
,
Saxon
Law
,
viz.
the
next
Kinsmen
and
Friends
of
the
intestate
did
administer
,
and
as
administrators
,
they
might
sue
by
Writ
out
of
the
Kings
Court
,
although
the
Clergy
had
now
obtained
so
much
power
,
as
for
the
recovery
of
a
Legacy
,
or
for
the
determining
of
the
validity
of
the
Will
in
its
general
nature
,
it
was
transmitted
to
the
Ecclesiastical
Court.
CHAP.
LXIII
.
Of
the
Militia
of
this
Kingdom
during
the
Reign
of
these
Kings
.
I
Undertake
not
the
debate
of
right
;
but
as
touching
matter
of
fact
shortly
thus
much
:
that
from
the
Norman
times
the
power
of
the
Militia
rested
upon
two
principles
;
the
one
the
Allegiance
for
the
common
defence
of
the
King's
person
and
honour
,
and
Kingdom
;
and
in
this
case
the
King
had
the
power
to
levy
the
force
of
the
Kingdom
:
nevertheless
the
cause
was
still
under
the
cognizance
of
the
great
Council
,
so
far
as
to
agree
or
disavow
the
War
,
if
they
saw
cause
;
as
appeared
in
the
defections
of
the
Barons
in
the
quarrel
between
King
Steven
and
the
Empress
,
and
between
King
John
and
his
Barons
.
The
other
principle
was
the
service
due
to
the
Lord
from
the
Tenant
,
and
by
vertue
hereof
(
especially
whenas
the
liberty
of
the
Commons
was
in
question
)
the
Militia
was
swayed
by
the
Lords
,
and
they
drew
the
people
in
Arms
either
one
way
or
the
other
,
as
the
case
appeared
to
them
:
the
experience
whereof
the
Kings
from
time
to
time
felt
,
to
their
extream
prejudice
,
and
the
Kingdoms
damage
.
Nor
did
the
former
principle
oversway
the
latter
,
although
it
might
seem
more
considerable
,
but
only
in
the
times
of
civil
peace
,
when
the
Lords
were
quiet
,
and
the
people
well-conceited
of
the
Kings
aims
in
reference
to
the
publick
;
which
happiness
it
was
Henry
the
Second's
lot
to
enjoy
:
for
he
being
a
Prince
eminent
amongst
Princes
both
for
endowments
of
mind
and
of
outward
estate
,
not
only
gained
honour
abroad
,
but
much
more
amongst
his
own
people
at
home
,
who
saw
plainly
that
he
was
for
Forraign
employment
of
honour
to
the
Kingdom
;
and
not
only
contented
with
what
he
had
in
England
,
but
imbarqued
together
with
the
Laity
against
the
growing
power
of
the
Clergy
,
for
the
defence
and
honour
of
the
priviledges
of
the
Crown
,
wherein
also
the
Liberties
of
the
people
were
included
.
They
therefore
were
secure
in
the
Kings
way
,
and
suffered
themselves
to
be
engaged
unto
the
Crown
further
than
they
or
their
Ancestors
formerly
had
been
,
out
of
pretence
of
sudden
extreme
occasions
of
the
Kingdom
,
that
would
not
be
matched
with
the
ordinary
course
of
defence
.
For
the
King
(
finding
by
former
experience
that
the
way
of
Tenures
was
too
lame
a
supply
for
his
acquests
abroad
,
and
that
it
had
proved
little
better
than
a
broken
reed
to
the
Crown
in
case
of
dispute
with
the
people
)
aimed
at
a
further
reach
than
the
Lords
or
Commons
foresaw
;
and
having
learned
a
trick
in
France
,
brought
it
over
(
although
it
was
neither
the
first
nor
last
trick
that
England
learned
to
their
cost
from
France
)
which
was
a
new
way
of
levying
of
Men
and
Arms
for
the
War
,
Knights
Fee
,
and
upon
every
Free-man
of
the
value
of
sixteen
Marks
yearly
,
their
certain
Arms
;
and
upon
every
Free
man
of
ten
Marks
yearly
value
,
their
certain
Arms
;
and
upon
every
Burgess
and
Free-man
of
an
inferiour
value
,
their
certain
Arms.
2.
That
these
should
be
ready
prepared
against
a
certain
day
.
3.
That
they
should
be
kept
and
maintained
from
time
to
time
in
the
Kings
Service
,
and
at
his
command
.
4.
That
they
should
not
be
lent
,
pledged
,
sold
,
or
given
away
.
5.
That
in
case
of
death
they
should
descend
to
the
Heir
,
who
if
under
age
,
should
find
a
man
to
serve
in
his
stead
.
6.
That
in
case
the
owner
were
able
,
he
should
be
ready
at
a
certain
day
with
his
Arms
for
the
service
of
the
King
,
ad
fidem
Domini
Regis
&
Regni
sui
.
7.
That
unto
this
every
man
should
be
Sworn
.
I
call
this
a
new
way
of
levying
of
Arms
and
Men
,
not
but
that
formerly
other
Free-men
and
Burgesses
found
Arms
,
albeit
they
held
not
by
Knight
service
;
for
it
was
so
ordained
by
the
Conquerors
Laws
formerly
used
:
but
now
the
King
thrust
in
two
clauses
(
besides
the
altering
of
the
Arms
)
the
one
concerning
the
Oath
whereby
all
men
became
bound
;
the
other
concerning
the
raising
and
ordering
of
Men
and
Arms
,
which
here
seems
to
be
referred
to
the
King
only
,
and
in
his
service
;
and
this
I
grant
may
imply
much
in
common
capacity
,
viz.
that
all
the
power
of
the
Militia
is
in
Henry
the
Second
.
But
this
trick
catched
not
the
people
according
to
the
Kings
meaning
:
for
the
words
ad
fidem
Regis
&
Regni
still
left
a
muse
for
the
people
to
escape
,
if
they
were
called
out
against
their
duty
to
the
Kingdom
;
and
taught
the
doctrine
which
is
not
yet
repealed
,
viz.
That
what
is
not
according
to
their
Faith
to
the
Kingdom
,
is
not
according
to
their
Faith
to
the
King.
And
therefore
they
could
find
in
their
hearts
sometimes
to
sit
still
at
home
,
when
they
were
called
forth
to
War
:
as
may
appear
in
one
passage
in
the
days
of
King
John
,
who
had
gathered
together
an
Army
for
the
opposing
of
foraign
Power
,
at
such
time
as
the
Pope
had
done
his
worst
against
him
and
the
whole
Kingdom
;
which
Army
was
of
such
considerable
strength
,
as
I
believe
none
since
the
Conquest
to
this
day
exceeded
or
parallell'd
it
:
But
the
King
's
mean
submission
to
the
Pope's
Legat
so
distasted
the
Nobles
and
People
,
as
they
left
him
to
his
own
shifts
;
and
that
in
such
manner
,
as
although
afterwards
he
had
advantage
of
them
,
and
liberty
enough
to
have
raised
an
Army
to
have
strengthned
himself
against
the
Nobles
,
yet
the
Lords
coming
from
London
,
brought
on
the
sudden
such
a
party
as
the
King
was
not
able
to
withstand
;
and
so
he
came
off
with
that
conclusion
made
at
Renny
mead
,
which
though
in
it self
was
honourable
,
yet
lost
the
King
so
much
the
more
,
because
it
was
rather
gained
from
him
,
than
made
by
him
.
CHAP.
LXIV
.
Of
the
Government
of
Henry
the
third
,
Edward
the
first
,
and
Edward
the
second
,
Kings
of
England
.
And
first
,
a
general
view
of
the
disposition
of
their
Government
.
ONe
hundred
and
ten
years
more
I
have
together
taken
up
,
to
add
a
period
to
this
first
part
of
discourse
concerning
English
Government
;
principally
because
one
spirit
of
arbitrary
rule
from
King
John
,
seemeth
to
breath
throughout
the
whole
,
and
therewith
did
expire
.
The
first
that
presents
himself
is
Henry
the
third
,
begotten
by
King
John
when
he
was
in
the
very
first
enterprize
of
oppression
that
occasioned
the
first
Barons
bloudy
Wars
,
and
which
this
King
was
so
miserable
as
to
continue
for
the
greatest
part
of
his
Life
and
Reign
,
and
yet
so
happy
as
to
see
it
ended
about
four
years
before
he
died
.
Although
the
soul
be
not
ingendred
from
the
parent
,
yet
the
temperature
of
the
body
of
the
Child
doth
sometimes
so
attemper
the
motion
of
the
soul
,
that
there
is
in
the
Child
the
very
image
of
the
Father's
mind
:
and
this
Henry
the
third
lively
expressed
,
being
so
like
unto
his
Father
John
in
his
worst
course
,
as
if
his
Father
's
own
spirit
had
entred
into
him
,
and
animated
him
in
all
his
ways
.
He
brought
in
with
him
the
first
president
of
Conscience
in
point
of
Succession
by
inheritance
in
the
English
Throne
;
for
the
stream
of
probabilities
was
against
him
.
He
was
a
Child
,
and
the
times
required
a
compleat
man
,
and
a
man
for
War
.
He
was
the
Child
of
King
John
,
whose
demerits
of
the
State
were
now
fresh
in
the
minds
of
all
men
.
He
was
also
designed
to
the
Throne
by
his
Father's
last
Will
;
William
Briware
.
And
yet
two
things
troubled
much
those
times
:
Grand
Charter
of
Englands
Liberties
once
more
was
exchanged
for
a
sum
of
Money
.
Thus
God
wheeled
about
successes
.
But
the
King
having
passed
over
his
tame
age
under
the
Government
of
wise
Counsellors
,
and
by
this
time
beginning
to
feel
liberty
,
it
was
his
hard
condition
to
meet
with
want
of
Money
;
and
worse
,
to
meet
with
ill
Counsellors
,
which
served
him
with
ill
advice
,
that
the
Grand
Charter
would
keep
him
down
,
make
him
continually
poor
,
and
in
state
of
pupillage
.
To
this
giving
credit
,
it
shaped
an
Idea
in
his
mind
that
would
never
out
for
forty
years
after
;
and
thus
advised
,
he
neglects
his
own
engagement
,
defies
the
Government
that
by
his
Royal
word
,
and
the
Kings
his
predecessors
,
in
cool
bloud
had
been
setled
:
and
that
he
might
do
this
without
check
of
Conscience
,
he
forbad
the
study
of
the
Law
,
that
so
it
might
die
without
heir
,
and
he
have
all
by
Escheat
.
This
sadded
the
English
,
and
made
them
drive
heavily
:
the
King
(
to
add
more
strengh
)
brought
in
Foraigners
and
foraign
Councils
;
and
then
all
was
at
stand
.
The
Councils
were
for
new
ways
.
The
great
designe
was
to
get
money
to
supply
the
King's
wants
;
and
as
great
a
designe
was
to
keep
the
King
in
want
:
otherwise
it
had
been
easie
for
those
at
the
helm
to
have
stopped
the
concourse
of
Foraigners
(
other
than
themselves
)
from
abroad
;
the
confluence
of
the
Queens
poorer
Allies
,
lavish
entertainment
,
profuse
rewards
,
cheats
from
Rome
,
and
all
in
necessitous
times
.
But
strangers
,
to
maintain
their
own
interests
,
must
maintain
strangeness
between
the
King
and
his
Subjects
.
To
supply
therefore
these
necessities
,
all
shifts
are
used
,
as
revoking
of
Charters
,
displacing
of
Officers
,
and
fining
them
,
Afforestations
,
with
a
train
of
oppressions
depending
thereon
,
Fines
and
Amercements
,
corrupt
Advancements
,
Loans
,
and
many
tricks
to
make
rich
men
offenders
,
especially
projects
upon
the
City
of
London
.
Nevertheless
all
proved
infinitely
short
of
his
disbursements
;
so
as
at
times
he
is
necessitated
to
call
Parliaments
,
and
let
them
know
his
wants
.
At
the
first
the
people
are
sensible
,
and
allow
supply
;
but
after
by
experience
finding
themselves
hurt
by
their
supplies
to
the
King
,
they
grant
upon
conditions
of
renewing
the
power
of
the
Great
Charter
;
and
many
promises
pass
from
the
King
to
that
end
,
and
after
that
Oaths
,
and
yet
no
performance
:
This
makes
the
people
absolutely
deny
supplies
.
Then
the
King
pretends
Wars
in
France
,
Wars
in
Scotland
,
and
Wars
against
the
Infidels
in
the
Holy-land
,
whither
he
is
going
:
the
people
upon
such
grounds
give
him
aids
;
but
finding
all
but
pretences
,
or
ill
success
of
such
enterprizes
,
they
are
hardned
against
supplies
of
him
for
the
Holy
War
.
Then
he
seems
penitent
,
and
pours
out
new
promises
,
sealed
with
the
most
solemn
execration
that
is
to
be
found
in
the
Womb
of
Story
,
and
so
punctually
recorded
,
as
if
God
would
have
all
generations
to
remember
it
as
the
seal
of
the
Covenant
between
the
King
of
England
and
his
people
;
and
therefore
I
cannot
omit
it
.
It
was
done
in
full
Parliament
,
By
the
authority
of
God
omnipotent
,
of
the
Son
,
and
of
the
Holy
Ghost
,
and
of
the
glorious
Mother
of
God
the
Virgin
Mary
,
and
of
the
blessed
Apostles
Peter
and
Paul
,
and
of
all
the
other
Apostles
,
and
of
the
Holy
Martyr
and
Archbishop
Thomas
,
and
of
all
the
Martyrs
,
and
of
the
blessed
Edward
King
of
England
,
and
of
all
Confessors
and
Virgins
,
and
of
all
the
Saints
of
God.
We
Excommunicate
and
Anathematize
,
and
sequester
from
our
holy
Mother
the
Church
,
all
those
which
henceforth
knowingly
and
maliciously
shall
deprive
or
spoil
Churches
of
their
right
.
And
all
those
that
shall
by
any
art
or
wit
rashly
violate
,
diminish
,
or
change
,
secretly
or
openly
,
in
deed
,
word
,
or
counsel
,
by
crossing
in
part
or
whole
those
Ecclesiastical
liberties
,
or
ancient
approved
customs
of
the
Kingdom
,
especially
the
Liberties
and
free
Customs
which
are
contained
in
the
Charters
of
the
common
Liberties
of
England
,
and
the
Forests
granted
by
our
Lord
the
King
to
the
Archbishops
,
Bishops
,
Prelates
,
Earls
,
Barons
,
Knights
,
and
Freeholders
.
And
all
those
who
have
published
,
or
being
published
have
observed
any
thing
against
them
or
their
Statutes
,
or
which
have
brought
in
any
customs
,
or
being
brought
in
have
observed
;
and
all
Writers
of
Ordinances
or
Councils
,
or
Executioners
,
or
such
as
shall
judge
by
such
things
.
All
such
as
are
knowingly
guilty
of
any
such
matters
,
shall
ipso
facto
incur
this
Sentence
:
such
as
are
ignorantly
guilty
shall
incur
the
same
censure
,
if
being
admonished
he
amend
not
within
fifteen
days
after
admonition
.
In
the
same
censure
are
comprehended
all
perturbers
of
the
peace
of
the
King
and
Kingdom
:
for
everlasting
memory
whereof
,
we
have
hereunto
put
our
Seals
.
And
then
all
throwing
down
their
Tapers
extinguished
and
smoaking
,
they
said
,
So
let
all
that
shall
go
against
this
curse
be
extinct
,
and
stink
in
Hell.
The
King
all
the
while
continuing
in
the
posture
above-mentioned
,
said
,
So
God
me
help
,
I
will
observe
all
these
things
sincerely
and
faithfully
,
as
I
am
a
Man
,
as
I
am
a
Christian
,
as
I
am
a
Knight
,
as
I
am
a
King
crowned
and
anointed
.
If
we
shall
pare
away
the
superstitious
ceremonies
,
and
consider
divine
providence
,
we
may
search
into
all
Histories
of
all
ages
,
and
we
shall
not
find
a
parallel
hereunto
;
so
seriously
composed
,
solemnly
pronounced
,
with
an
Amen
from
the
representative
body
of
the
whole
Kingdom
,
put
in
writing
under
seal
,
preserved
to
posterity
;
vindicated
by
God
himself
in
the
ruine
of
so
many
opposers
.
And
yet
the
dust
of
time
hath
almost
buried
this
out
of
the
thoughts
of
men
;
so
as
few
even
of
such
as
know
it
,
do
seriously
consider
how
far
it
may
yet
and
even
now
be
charged
upon
the
account
of
this
Nation
.
Serious
as
it
was
,
it
was
soon
forgotten
:
nor
would
the
King
be
long
holden
with
promises
,
some
unhappy
Star
struck
him
in
his
birth
:
he
had
been
too
hard
for
his
promises
;
and
now
having
the
Pope
at
his
Elbow
,
he
can
dispence
with
his
Oath
,
and
bid
defiance
to
an
Execration
:
and
in
flat
defiance
of
the
Grand-Charter
professeth
oppression
,
accumulates
forreign
Counsellors
,
and
forreign
Guards
,
contemns
his
own
people
,
ushers
in
the
Pope's
Extortions
upon
them
to
fill
up
the
measure
:
thrives
in
nothing
but
in
the
match
of
his
Son
and
Successor
with
a
Sister
of
Spain
,
and
yet
that
also
helps
to
hasten
on
the
publick
poverty
,
and
that
a
Parliament
that
brought
forth
a
bloudy
issue
;
although
not
by
any
natural
power
,
but
occasionally
.
For
the
Barons
mean
now
no
longer
to
trust
to
promises
;
strangers
are
banished
the
Realm
,
and
others
of
the
English
bloud
stepped
into
their
places
and
Revenues
.
But
this
was
not
all
,
the
King
must
confirm
the
Grand-Charter
;
and
thereto
he
addeth
not
onely
his
own
Oath
,
but
causeth
the
Prince
his
Son
to
confirm
the
same
in
like
manner
.
It
is
likewise
propounded
to
him
,
that
the
chief
Officers
of
the
Kingdom
may
be
chosen
such
as
the
Parliament
shall
like
of
.
And
that
other
Laws
meet
for
the
government
of
the
Kingdom
might
be
established
:
of
all
these
the
King
made
no
bones
.
And
to
make
men
believe
that
he
was
in
good
earnest
,
he
was
contented
to
disrobe
and
disarm
himself
,
For
Edward
the
first
being
trained
up
in
the
Tragedy
of
a
Civil
War
,
Holy
War
,
as
they
called
it
;
now
he
betakes
himself
to
amends
making
,
by
Justice
in
Government
;
having
found
by
his
Father's
experience
,
that
a
Kingdom
well
governed
(
like
good
husbandry
)
preserves
the
owner
,
but
being
neglected
destroys
both
.
He
came
over
in
his
third
year
in
August
,
was
crowned
in
September
,
summoned
a
Parliament
in
February
following
,
but
adjourned
it
till
after
Easter
:
and
then
it
is
found
that
the
Church
of
late
had
been
ill
governed
;
the
Clergy-men
grieved
by
many
ways
,
the
people
otherwise
handled
than
they
ought
to
be
,
the
Peace
ill
kept
,
the
Laws
less
used
,
and
Delinquents
less
punished
than
was
meet
;
and
in
the
sence
of
these
inconveniencies
were
the
Laws
of
Westminster
the
first
made
;
wherein
the
world
may
see
the
great
difference
between
the
Prince
and
the
King
in
one
and
the
same
man
.
The
most
part
of
those
Laws
were
little
other
than
plaisters
applied
to
particular
botches
of
those
times
;
wherein
the
King
dealt
with
a
tender
hand
,
as
if
he
feared
to
ulcerate
any
part
,
and
especially
the
Clergie
,
and
therefore
delivered
the
last
Law
in
a
petitionary
way
to
the
Clergie
,
because
it
concerned
the
execution
of
Justice
in
prohibited
times
,
and
yet
bound
up
all
with
a
salvo
to
himself
and
his
prerogative
,
like
a
wise
King
,
that
would
neither
lose
right
,
nor
do
rong
;
nor
yet
stickle
to
debate
with
his
Subjects
now
,
whenas
his
eye
was
upon
a
further
mark
.
For
Leolin
the
Prince
of
Wales
had
affronted
him
;
inaudito
more
:
but
there
was
no
disputing
with
power
,
The
Welsh
chase
is
hotly
pursued
,
yet
it
did
not
rid
much
way
;
for
it
cost
the
English
a
voyage
of
nine
years
travel
before
they
could
attain
the
shore
,
although
it
had
been
often
within
their
view
.
It
may
be
the
King
found
it
advantageous
for
his
Government
,
to
maintain
an
Army
in
the
field
under
the
colour
of
the
Welsh
War
,
that
he
might
more
bow
his
Subjects
to
his
own
bent
:
for
during
these
Wars
,
the
King
made
many
breathings
,
and
took
time
to
look
to
the
husbanding
of
his
own
Revenue
,
as
those
Ordinances
called
Extenta
manerii
,
and
Officium
Coronatoris
,
do
witness
,
and
the
Statute
of
Bigami
.
But
the
people
were
not
altogether
yet
tamed
;
for
the
times
being
still
in
Wars
,
and
they
occasioning
much
waste
of
Treasure
,
put
the
King
to
the
utmost
pitch
of
good
Husbandry
,
and
one
degree
beyond
the
same
:
so
as
under
colour
of
seizing
his
own
,
he
swept
up
also
the
Priviledges
and
Liberties
of
his
Subjects
;
some
Authors
reciting
the
complaints
of
the
Church-men
,
Nevertheless
,
however
debonair
the
King
seemed
to
be
,
the
sore
between
him
and
his
Subjects
was
not
fully
cured
;
nor
did
the
Lords
trust
him
further
than
needs
must
:
for
whether
they
served
in
the
Field
,
or
met
at
Council
,
still
they
were
armed
;
and
during
this
daring
of
each
other
,
were
many
profitable
Laws
made
,
whilst
neither
party
durst
venture
bloodshed
in
touching
too
nigh
upon
the
Priviledges
of
each
other
,
principally
because
the
affairs
in
Wales
were
but
laid
asleep
,
and
upon
reviving
,
might
turn
the
ballance
to
either
side
.
The
Wars
awake
again
,
and
therein
are
consumed
nigh
five
years
more
of
the
King's
Reign
;
so
as
whatever
his
intent
was
,
he
could
have
hitherto
little
opportunity
to
effect
any
thing
for
the
advancement
of
the
Prerogative
of
the
Crown
at
home
:
Nor
had
he
scarcely
breathed
himself
and
Army
from
the
Welsh
Wars
,
but
he
found
both
France
and
Scotland
his
Enemies
at
once
.
The
King
faced
onely
the
first
,
and
fought
the
second
;
which
held
him
work
the
remainder
of
his
days
:
and
at
the
same
time
also
he
arrayed
both
the
Clergy
and
Laity
at
his
own
home
,
as
if
Providence
had
given
him
security
for
the
good
behaviour
;
and
yet
it
failed
him
in
the
issue
,
and
left
him
to
the
censure
of
the
World
,
whether
his
Justice
was
spontaneous
,
or
by
necessity
;
for
as
yet
he
held
the
Grand
Charter
at
parley
,
and
therefore
was
rather
eyed
,
than
much
trusted
:
Albeit
he
was
put
upon
confidence
in
the
Subjects
discretion
for
aid
of
him
in
his
continual
undertakings
:
nor
did
they
disclaim
him
herein
,
however
chargeable
it
was
;
for
all
seem
willing
he
should
be
employed
any
where
,
so
as
not
within
the
four
Seas
.
It
is
probable
the
King
knew
it
,
and
therefore
having
made
a
Voyage
into
France
,
he
changed
the
Scene
of
War
,
but
to
the
other
side
as
it
were
of
a
River
,
in
hope
his
Lords
would
follow
;
but
it
would
not
be
.
This
angred
him
,
and
he
them
:
nor
would
his
Clergy
allow
him
any
aid
Papa
inconsulto
,
and
therefore
he
outs
them
from
his
protection
.
These
and
his
irregular
preparations
by
War
,
by
summons
not
onely
of
his
Knights
,
but
all
other
that
held
Land
worth
20
l.
per
annum
,
Grand
Charter
at
the
long
run
,
and
allowed
it
as
the
common
Law
of
the
Kingdom
;
and
seconded
the
same
with
many
succeeding
confirmations
,
in
the
twenty
seven
and
twenty
eighth
years
of
his
Reign
,
as
if
he
had
utterly
renounced
all
thought
of
a
contrary
way
.
saving
of
ancient
aids
and
prisals
,
which
was
in
the
Statute
of
confirmation
of
the
Charters
,
though
it
were
omitted
in
this
Statute
;
for
the
saving
was
of
such
a
sence
as
time
and
occasion
would
move
the
King's
heart
to
make
it
:
and
thus
this
Statute
became
like
a
Hocus
Pocus
,
a
thing
to
still
the
people
for
the
present
,
and
serve
the
King's
turn
,
that
he
might
more
freely
intend
the
conquest
of
the
Scots
;
which
once
done
,
he
might
,
if
he
would
,
try
masteries
with
England
.
But
God
would
not
have
it
so
;
the
King
in
Scotland
had
power
to
take
,
but
could
not
overtake
;
and
the
Scots
,
like
birds
of
the
prey
,
had
wit
enough
to
fly
away
,
and
courage
enough
to
return
upon
advantages
:
and
so
the
King
was
left
to
hunt
the
wind
,
which
made
him
to
return
.
He
might
now
expect
the
applause
of
his
people
for
his
good
success
,
and
the
terrour
of
those
that
had
stopped
the
broad
way
of
his
extravagant
Prerogative
;
and
therefore
looks
big
,
rubs
up
old
sores
,
and
(
having
his
Army
yet
in
the
field
)
sends
for
those
Lords
that
would
not
follow
him
in
his
Wars
in
Flanders
.
All
come
and
submit
,
and
as
it
were
in
so
many
words
let
the
King
know
that
all
England
is
now
tame
,
and
like
to
be
ridden
at
his
discretion
.
And
now
there
's
nothing
in
his
way
but
the
fatal
execration
,
which
he
feared
,
not
in
relation
to
God's
anger
;
but
rather
to
the
exasperated
Clergie
,
and
the
dread
of
the
Pope's
direful
Thunder-bolt
.
To
avoid
this
storm
,
he
procures
a
Dispensation
from
Rome
to
perjure
and
oppress
without
sin
;
a
trick
that
he
learned
of
his
Father
,
and
hid
it
within
his
breast
,
till
now
about
two
years
before
his
end
he
brings
it
forth
,
to
tell
all
the
world
that
hitherto
he
had
been
just
against
his
will
.
But
having
obtained
his
purpose
,
he
nevertheless
misseth
of
his
end
;
for
a
new
King
of
Scots
(
our
old
good
enemies
)
by
divine
providence
suddenly
crossed
his
way
before
him
;
and
now
it
boots
not
to
contend
for
arbitrary
rule
in
England
,
and
lose
the
Crown
of
Scotland
,
which
he
once
thought
he
had
sure
;
he
faces
about
therefore
,
and
having
spoken
fair
to
his
people
,
for
Scotland
he
goes
.
Thus
if
all
were
not
in
a
Parenthesis
,
the
King
intended
a
good
period
;
but
God
onely
knows
what
his
furthest
reach
would
have
been
if
he
had
returned
,
for
he
was
taken
out
of
this
world
in
Scotland
,
and
so
left
this
his
government
somewhat
like
an
imperfect
sentence
.
His
Son
Edward
should
have
compleated
it
,
All
the
while
Gaveston
was
in
view
,
we
find
nothing
concerning
Commonwealth
,
or
monument
of
Parliament
,
saving
two
Ordinances
made
by
the
King
,
and
such
Lords
as
suted
to
the
King's
way
,
rather
than
to
his
wants
.
de
militibus
,
the
other
de
frangentibus
prisonam
;
for
all
the
King's
labour
was
to
royallize
Gaveston
into
as
high
a
pitch
as
he
could
,
and
so
to
amaze
his
own
eye-sight
with
contemplating
the
goodliness
of
his
person
.
So
as
Gaveston
is
become
the
Image
of
the
King
,
and
presents
his
beams
and
influence
into
all
parts
of
the
Kingdom
;
and
according
to
his
Aspect
they
often
change
and
wane
,
and
yet
at
the
best
were
but
as
in
a
misty
night
.
The
Barons
liked
not
this
condition
of
State-Idolatry
;
they
were
willing
to
adore
the
King
,
but
they
could
not
bow
to
an
Image
:
they
desired
nothing
more
,
than
that
their
King
might
shine
in
his
proper
glory
.
Thrice
is
Gaveston
banished
,
thrice
he
returns
;
the
last
occasioned
another
Civil
War
,
wherein
Gaveston
lost
his
head
.
Thus
the
Lords
removed
the
Eclipse
,
but
(
little
the
better
thereby
)
they
find
it
a
vain
labour
to
compel
the
Sun
to
shine
by
force
,
when
it
hath
no
light
.
Though
Gaveston
be
gone
,
the
mist
of
foreign
Councils
prevail
;
this
was
bred
in
the
Bloud
,
fed
with
Bloud
,
and
ended
in
Bloud
.
Through
the
Glass
of
foreign
Councils
all
things
seem
of
foreign
colour
;
the
King
to
the
People
,
and
the
People
to
him
.
The
King
at
length
begins
to
see
himself
undervalued
,
and
that
it
began
in
himself
;
ventures
himself
into
the
Wars
with
Scotland
to
win
honour
;
goes
with
much
splendour
,
but
returns
with
the
greatest
blot
that
ever
English
King
suffered
,
confounded
abroad
,
and
slighted
at
home
.
For
the
bravest
men
,
by
ill
success
,
are
lost
in
common
opinion
;
or
,
to
speak
in
a
higher
strain
,
where
God
doth
not
bless
,
man
will
not
.
The
King
thus
almost
annihilated
,
catches
hold
of
Rome
,
fawns
on
the
Clergy
,
passes
to
them
the
Ordinances
of
Articuli
Cleri
,
and
de
prisis
bonis
Cleri
:
which
lost
the
Free-men
no
Right
,
although
it
concluded
the
Crown
.
And
to
caress
the
Commons
,
made
the
Statute
de
Vice-comitibus
,
and
the
City
of
London
likewise
by
the
Statute
de
Gavelletto
.
But
God
saw
all
sorts
of
men
run
at
riot
,
and
sends
in
upon
the
Nation
Plague
,
Famine
,
and
other
extraordinary
Testimonies
of
his
displeasure
,
even
to
the
wonderment
of
other
Nations
;
and
this
brought
a
kind
of
sobriety
into
Affairs
,
made
all
sorts
tame
,
and
for
the
present
onely
prepared
them
for
better
times
.
For
the
King's
time
of
longing
again
is
come
,
and
he
must
have
new
Play-fellows
;
finds
the
Spencers
,
or
rather
was
found
of
them
;
they
grow
in
honour
almost
beyond
the
reach
of
the
Nobles
,
but
not
beyond
their
envy
;
and
are
more
secure
than
Gaveston
in
this
,
that
in
their
first
sprouting
the
King's
Council
served
himself
and
them
to
keep
in
with
the
Commons
by
making
good
Laws
;
such
as
the
Statutes
at
York
,
of
Essoyns
,
Attaints
of
Jurors
,
Levying
of
Fines
,
and
Estreats
into
the
Exchequer
,
&c.
all
of
them
promising
good
Government
.
The
Barons
nevertheless
liked
not
the
Spencers
greatness
,
and
being
by
several
occasions
exasperated
,
joyn
in
one
,
and
occasion
a
new
War
:
The
King
,
aided
by
the
Commons
(
who
yet
thought
better
of
the
King
than
of
the
Barons
,
whom
they
saw
prejudiced
rather
out
of
self-apprehensions
,
than
the
publick
good
)
prevailed
against
the
Barons
,
and
made
them
the
first
president
of
death
upon
the
Scaffold
.
Now
the
Spencers
are
Lords
alone
,
thinking
themselves
above
the
reach
of
the
once
formidable
Barons
,
and
the
Commons
too
inferiour
for
their
respect
.
Thus
lifted
up
,
they
take
a
flight
like
that
of
Icarus
.
They
had
so
much
of
the
King's
heart
,
as
they
could
not
spare
any
part
thereof
to
the
Queen
;
and
she
being
as
loth
to
spare
so
much
for
them
as
they
had
,
retired
with
the
Prince
to
a
relief
which
they
brought
from
beyond
Sea
,
and
with
whom
both
Lords
and
Commons
joyn
.
The
favourites
missing
of
their
wonted
wings
,
come
down
faster
than
they
ascended
;
and
together
with
them
,
the
King
himself
,
all
of
them
irrecoverably
.
Thus
favourites
,
instead
of
Cement
between
Prince
and
people
,
becoming
rocks
of
offence
,
bring
ruine
sometimes
to
all
,
but
always
to
themselves
.
The
King
foresaw
the
storm
,
and
thought
it
safest
first
to
cry
truce
with
the
people
,
and
come
to
agreement
with
them
by
common
consent
,
for
the
extent
of
his
Prerogative
in
certain
particular
cases
questionable
;
CHAP.
LXV
.
Of
the
condition
of
the
Nobility
of
England
,
till
the
time
of
Edward
the
Third
.
NOw
was
Prerogative
mounted
up
to
the
highest
pitch
,
or
endeavoured
so
to
be
;
either
through
the
weakness
or
power
of
these
Kings
,
of
whom
the
first
and
last
had
little
to
ground
upon
but
their
own
will
;
and
the
other
,
I
mean
Edward
the
first
,
had
more
wisdom
and
power
,
but
was
otherwise
distracted
by
foraign
and
more
urgent
employments
;
so
as
the
work
fainted
before
it
came
to
its
full
period
.
The
contest
was
between
the
King
and
Barons
,
who
till
those
days
were
rather
the
great
and
richer
sort
of
men
,
than
Peers
,
although
they
also
were
of
the
number
.
I
am
not
so
sharp-sighted
as
to
reach
the
utmost
intentions
of
the
Lords
:
but
their
pretences
are
to
such
publick
nature
,
as
it
is
plain
,
that
if
their
private
interest
was
wrapped
up
therein
,
they
were
inseparable
:
And
I
shall
never
quarrel
the
Lords
aim
at
private
respects
,
whenas
it
is
plain
,
the
publick
was
so
importantly
concerned
;
and
yet
I
will
not
justi●ie
all
that
I
find
written
concerning
their
Words
and
Actions
.
The
Speech
of
the
E.
of
Cornwal
to
his
his
elder
Brother
,
I
will
neither
render
up
my
Castle
,
nor
depart
the
Kingdom
,
but
by
the
judgment
of
the
Peers
:
and
of
Simon
the
E.
of
Leicester
to
the
same
King
,
that
he
lyed
,
and
were
he
not
a
King
,
the
Earl
would
make
him
repent
his
word
;
and
of
the
Lords
,
that
they
would
drive
the
King
out
of
his
Kingdom
,
and
elect
another
;
and
of
the
E.
Marshal
to
Edward
the
first
,
that
he
would
neither
go
into
Gascoine
,
nor
hang
;
and
such
other
,
do
savour
of
passion
(
especially
that
of
the
E.
of
Leicester
and
the
Lords
)
and
may
seem
harsh
and
unmannerly
;
and
yet
may
admit
of
some
allay
,
if
the
general
rudeness
of
the
time
,
the
King
's
injurious
provocations
,
and
the
passions
of
cholerick
men
,
be
weighed
together
.
Yet
will
not
all
these
trench
upon
the
cause
,
nor
render
the
state
of
the
Lords
too
high
,
or
disproportionable
to
their
place
in
the
policy
of
the
Kingdom
of
England
,
as
things
then
stood
:
I
say
,
it
was
not
disproportionable
;
for
where
the
degree
of
a
King
was
mounting
up
to
such
a
pitch
as
to
be
above
Law
,
the
Lords
exceeded
not
their
places
in
pressing
him
with
their
Counsels
to
conform
to
the
Laws
;
and
in
maintaining
that
trust
that
was
reposed
in
them
,
in
keeping
off
such
sinister
Counsels
and
invasions
as
might
violate
the
Laws
and
Liberties
,
or
hinder
the
current
of
Justice
;
concerning
which
I
shall
shortly
state
the
case
,
and
leave
it
to
the
censure
of
others
.
The
Government
of
the
people
of
this
Nation
in
their
original
,
was
Democratical
,
mixt
with
an
Aristocracie
,
if
any
credit
be
to
be
given
to
that
little
light
of
History
that
is
left
unto
us
from
those
ancient
times
.
Afterwards
,
when
they
swarmed
from
their
hive
in
Forreign
parts
,
and
came
over
hither
,
they
came
in
a
warlike
manner
,
under
one
conducter
,
whom
they
called
a
King
;
whose
power
,
whatever
in
the
War
,
yet
in
time
of
peace
was
not
of
that
height
as
to
rule
alone
;
I
mean
,
that
whereas
the
Lords
formerly
had
the
principal
executory
power
of
Laws
setled
in
them
,
they
never
were
absolutely
devested
of
that
power
by
the
access
of
a
King
;
nor
was
the
King
ever
possessed
of
all
that
power
,
nor
was
it
ever
given
to
him
;
but
the
Lords
did
ever
hold
that
power
,
the
King
concurring
with
them
;
and
in
case
the
King
would
not
concur
,
the
people
generally
sided
with
the
Lords
,
and
so
in
conclusion
the
King
suffered
in
the
quarrel
.
From
this
ground
did
arise
from
time
to
time
the
wandrings
of
the
people
in
electing
and
deposing
their
Kings
during
the
Saxon
times
.
Nor
did
nor
could
the
Norman
Williams
shake
off
this
co-partnership
,
but
were
many
times
,
as
well
as
other
ensuing
Princes
,
perswaded
against
their
own
minds
and
plotted
desires
.
Nor
can
it
otherways
be
supposed
where
Councils
are
setled
;
for
whereto
serve
they
,
if
(
notwithstanding
them
)
the
King
may
go
the
way
of
his
inordinate
desire
?
If
the
Lords
then
did
appear
against
these
Kings
whereof
we
treat
,
in
cases
where
they
appeared
against
the
Laws
and
Liberties
of
the
people
;
it
was
neither
new
,
nor
so
heinous
as
it
is
noised
,
for
them
(
who
are
equally
,
if
not
more
entrusted
with
the
Common-wealth
than
the
King
,
by
how
much
the
Counsellors
are
trusted
more
than
the
Counselled
)
to
be
true
,
for
the
maintenance
of
their
trust
,
in
case
the
King
shall
desert
his
.
But
the
greater
question
is
concerning
the
manner
by
Threats
and
War
.
It
is
as
probable
,
I
grant
,
that
the
Lords
used
the
one
as
the
other
;
for
it
was
the
common
vice
of
the
times
to
be
rugged
:
yet
if
we
shall
add
to
what
hath
been
already
said
,
first
,
that
Knight-service
was
for
the
defence
of
the
Kingdom
principally
.
Secondly
,
that
the
greatest
power
of
Knight-service
rested
with
the
Lords
,
not
only
in
propriety
and
ownership
,
but
in
point
of
direction
for
the
benefit
of
the
Commonwealth
;
and
lastly
,
that
the
state
of
the
times
now
,
was
such
as
the
Kingdom
was
oppressed
by
strangers
Counsels
,
and
the
Counsels
of
the
Kingdom
rejected
;
that
instead
of
Law
,
Garrisons
of
strangers
ruled
;
that
no
man
could
own
his
own
;
that
the
Subjects
were
looked
upon
as
enemies
;
and
of
all
this
the
King
made
the
principal
instrument
,
who
had
ruled
and
over-ruled
in
this
manner
,
and
so
was
resolved
to
continue
.
I
shall
leave
it
to
the
better
judgement
of
others
,
what
other
healing
plaister
was
to
be
had
for
such
a
sore
.
Albeit
it
cannot
be
denied
,
that
more
due
respects
might
have
been
tendred
to
Kingly
dignity
than
was
in
those
times
practised
:
And
yet
there
was
a
difference
also
in
the
occasions
of
War
;
for
certainly
that
last
War
with
Edward
the
second
,
was
more
fatal
,
and
yet
less
warrantable
;
and
in
the
issue
declared
that
there
was
more
of
the
Queen
therein
than
of
the
Lords
,
who
knew
a
way
of
removing
Favourites
from
the
King
,
without
removing
the
King
from
the
Kingdom
,
or
driving
him
out
of
the
World.
In
all
which
nevertheless
,
it
cannot
be
concluded
that
the
Lords
party
was
encreased
more
than
in
the
former
Kings
times
;
for
the
loss
of
the
field
in
Henry
the
Thirds
time
against
the
Prince
,
kept
them
in
awe
all
the
succeeding
Reign
(
although
they
were
not
then
tongue-tyed
)
and
their
second
loss
against
Edward
the
Second
,
which
was
yet
more
sharp
,
questionless
quelled
their
spirits
(
although
they
lost
no
right
thereby
)
and
encreased
the
Kings
party
much
by
the
access
to
the
Crown
of
the
services
of
such
as
held
of
those
Lords
that
were
attainted
or
disinherited
:
And
yet
by
a
hidden
providence
,
the
King
was
little
the
better
when
it
came
to
the
pinch
:
For
when
Edward
the
second
's
Queen
came
from
beyond
the
Seas
,
though
with
but
a
small
force
,
all
forsake
the
King
;
neither
regarding
the
former
terrour
of
the
Army
of
a
King
,
nor
the
right
or
service
,
nor
Oath
of
Fealty
,
nor
Promises
,
nor
Laws
,
nor
other
Engagements
;
and
so
the
King
becomes
a
prey
to
an
enraged
woman
;
or
,
which
is
worse
,
to
a
jealous
Wife
:
So
little
can
the
name
of
a
King
do
,
when
his
person
is
despised
;
and
so
vain
for
him
to
trust
in
his
Militia
,
that
hath
already
disarmed
himself
of
the
hearts
of
his
Subjects
.
The
sum
then
of
all
the
labours
of
the
Nobles
during
these
times
will
rest
in
this
,
that
they
won
the
day
,
and
yet
lost
the
field
:
although
they
lost
their
own
blouds
and
Estates
,
yet
they
saved
all
to
the
people
,
and
left
Laws
in
force
,
able
to
debate
with
Prerogative
in
the
hand
of
any
King
that
should
succeed
.
Thus
stood
the
matter
in
fact
upon
such
grounds
as
it
had
,
the
validity
whereof
it
is
not
my
work
to
censure
neither
by
the
ballance
of
Law
or
Gospel
,
but
leave
it
as
a
sore
time
,
that
scarce
will
endure
touch
,
nor
bear
a
King
further
than
he
was
good
or
brave
.
CHAP.
LXVI
.
Of
the
state
of
the
English
Clergie
until
the
time
of
Edward
the
Third
:
And
herein
concerning
the
Statute
of
Circumspecte
agatis
,
Articuli
Cleri
;
and
of
general
Councils
,
and
National
Synods
.
IT
was
a
time
of
much
action
throughout
the
whole
Christian
State
;
and
Rome
now
having
attained
to
its
full
glory
,
began
to
be
eyed
on
all
parts
,
as
an
irregular
motion
crossing
all
affairs
,
that
it
may
like
the
sole
Empress
command
all
,
and
be
controuled
by
none
;
and
this
wrought
some
stirrings
in
France
,
complainings
in
England
,
and
facing
between
the
Emperour
and
the
Pope
.
Provisors
,
Tenths
,
Procurations
,
Levies
for
the
Holy
War
,
Quindizms
,
Benevolences
,
or
other
such
like
;
and
where
money
was
not
to
be
had
,
by
levies
of
Ornaments
,
or
of
rich
Apparel
,
by
intimation
,
begging
,
perswading
,
commanding
,
threatning
;
and
in
this
course
they
continued
till
they
had
out-faced
shame
it self
,
and
that
the
whole
Law
of
Rome
became
comprehended
in
this
one
,
Quicquid
libet
licet
.
In
general
therefore
the
Church
of
Rome
cannot
be
said
to
thrive
during
these
extorting
times
,
although
Rome
did
;
for
if
the
Laity
were
pillaged
by
the
King
,
the
Clergie
much
more
both
by
Pope
and
King
:
if
the
one
complained
,
the
other
cried
:
the
one
sometimes
found
relief
from
the
King
,
but
the
other
was
helpless
;
for
the
Pope
had
no
Ears
to
hear
,
nor
the
King
Hands
to
help
.
Pope's
men
,
further
than
the
Pope
will
be
a
good
Master
,
but
this
was
not
to
be
expected
.
Popes
were
grown
so
excellent
,
as
they
could
not
amend
;
and
England
so
enamoured
of
them
,
as
it
is
become
their
verè
hortus
deliciarum
,
Circumspecte
agatis
.
To
the
end
therefore
that
the
whole
may
lie
before
us
,
I
shall
set
down
the
matter
or
substance
of
both
these
Papers
severally
,
in
regard
they
sound
much
alike
;
and
note
the
difference
:
all
which
I
shall
do
,
to
the
end
that
it
may
more
plainly
appear
what
the
Church-mens
Idaea
was
,
and
how
far
the
common
Law
and
King's
Prerogative
would
agree
thereto
.
The
Complaints
are
of
this
nature
.
-
1.
That
the
Church-possessions
in
their
vacancies
are
wasted
,
and
that
Escheators
do
not
onely
seize
the
personal
Estate
of
the
Abbot
or
Prior
deceased
,
but
such
Corn
in
the
Barn
,
and
other
Goods
belonging
to
the
houses
,
for
their
maintenance
;
-
3
,
&
4
,
&
5.
Elections
are
either
disturbed
by
the
King's
Letters
preceding
,
or
by
delay
of
the
Royal
assent
subsequent
to
the
said
Elections
.
-
6.
The
Lay-power
,
without
the
advice
of
the
Clergie
,
do
put
in
,
eject
,
or
restore
Incumbents
to
Benefices
void
.
-
7.
Prelates
are
summoned
to
answer
to
the
Lay-power
,
in
the
Writs
Quare
excommunicavit
,
and
Quare
non
admisit
.
-
8.
Clerks
are
distrained
in
their
Lay-fees
,
to
answer
before
the
Lay-power
in
Action
of
Debts
,
Trespass
,
or
other
personal
Actions
;
and
in
case
they
have
no
Lay-fees
,
the
Ordinary
is
distrained
by
his
Barony
to
cause
the
Clerk
to
appear
.
-
9.
The
Laity
are
forbidden
to
take
Oath
,
or
to
inform
upon
Oath
before
the
Prelates
,
and
to
obey
the
Prelates
commands
in
such
cases
.
-
10.
Persons
taken
and
imprisoned
upon
Excommunication
,
are
ordinarily
dismist
without
satisfaction
to
the
Prelate
;
and
sometimes
are
not
taken
by
the
Sheriff
,
-
14.
Clerks
imprisoned
for
Felony
are
refused
to
be
delivered
to
the
Ordinary
,
-
16.
Justices
itinerant
do
imprison
Clerks
defamed
for
Felony
,
or
otherwise
out-law
them
if
they
do
not
appear
.
And
otherwise
proceed
against
Clerks
after
their
purgation
before
the
Ordinary
.
-
18.
The
Lay-power
seizes
upon
the
Estates
of
Clerks
degraded
for
Crimes
.
-
19.
Clergie
are
compelled
to
answer
and
give
satisfaction
for
offences
against
the
Forest-Laws
before
the
Lay-power
:
-
22.
Priviledges
of
Sanctuary
are
invaded
by
force
.
-
23.
Executors
of
Bishops
are
hindred
from
administring
the
Estate
without
License
first
obtained
from
the
King.
-
24.
The
King's
Tenants
Goods
are
seized
after
their
decease
by
the
King's
Bayliffs
.
-
25.
Intestates
goods
are
seized
by
their
Lords
,
and
their
Ordinary
hindred
from
Administration
.
-
26.
The
King's
prohibition
passeth
in
case
of
Tythes
and
Chappels
.
-
27.
The
like
in
cases
of
Troth
plight
,
Perjury
,
Cerage
,
Heriet
,
or
other
Church-duties
,
as
money
for
reparations
of
Churches
,
and
fences
in
Church-yards
,
pecuniary
punishment
for
Adultery
,
Ecclesiastical
Court
,
Sacriledge
,
Excommunication
for
breach
of
the
Liberties
of
the
Church
,
Grand
Charter
.
-
30.
In
cases
of
prohibition
,
if
the
Ecclesiastical
Judge
proceed
contrary
to
the
same
,
he
is
attached
,
and
compelled
to
shew
his
Acts
in
Court
;
if
the
Lay-Judge
determine
the
cause
to
be
Temporal
,
the
Ecclesiastical
Judge
is
amerced
;
if
he
proceed
against
the
prohibition
,
and
it
is
tryed
by
Witnesses
of
two
ribaulds
:
and
in
case
it
be
found
for
the
Ecclesiastical
Judges
cognizance
,
yet
there
is
no
costs
allowed
for
such
vexation
.
-
32.
That
Jews
in
matters
Ecclesiastical
aforesaid
,
are
by
the
King's
prohibition
drawn
from
the
Ecclesiastical
Judge
unto
the
Lay-Magistrate
.
-
34.
Question
about
Lands
given
in
Frankalmoin
,
are
tryed
in
the
Lay-Courts
;
and
by
reason
of
such
Tenure
,
-
39.
Prelates
summoned
to
higher
Courts
,
are
not
allowed
to
make
Attorneys
to
appear
for
them
in
the
inferiour
civil
Courts
.
-
41.
Grantees
of
Murage
,
or
other
unwonted
impositions
,
compel
the
Church-men
to
pay
the
same
.
-
42
,
&
43.
The
Clergie
are
charged
with
Quarter
,
Cart-service
,
and
purveying
.
-
44.
The
Chancery
sendeth
out
new
Writs
contrary
to
the
liberties
of
the
Church
,
and
the
Law
of
the
Land
,
without
the
assent
of
the
Council
of
the
Kingdom
,
Princes
and
Prelates
.
-
45.
The
King
doth
compel
the
Clergie
to
Benevolences
to
the
King
at
his
Voyage
into
foreign
parts
.
-
46.
Amercements
granted
to
Clergie-men
,
are
turned
into
Fines
by
the
Justices
,
and
by
them
taken
.
-
47.
Clergie-men
are
fined
for
want
of
appearance
before
the
Justices
itinerant
,
and
of
the
Forest
,
upon
common
summons
.
-
48.
Quo
warranto's
granted
against
the
Clergie
for
their
Liberties
,
and
the
same
seized
,
unless
they
be
set
down
in
express
words
in
their
Charter
,
notwithstanding
that
by
long
custom
they
have
enjoyed
the
same
,
This
is
the
sum
of
their
Paper
of
Grievances
;
and
because
they
found
the
King
either
wilful
or
unconstant
,
they
resolve
upon
a
Remedy
of
their
own
,
by
Excommunication
and
Interdiction
,
not
sparing
the
persons
of
any
principal
or
accessory
,
nor
their
Lands
,
no
not
of
the
King
himself
:
and
for
this
they
joyn
all
as
one
man
.
Now
what
scare
this
made
,
I
know
not
,
but
Henry
the
third
in
the
Stat.
of
Marlb
.
and
Edward
the
first
in
his
Stat.
at
Westminster
,
and
other
Statutes
:
the
first
spake
fair
,
and
seemed
to
redress
some
of
these
complaints
:
as
also
did
Edward
the
second
;
and
yet
the
Common
Law
lost
little
ground
thereby
.
That
which
Henry
the
third
did
,
besides
his
promises
of
reforming
,
was
done
in
the
Stat.
of
Marlbridge
.
The
successors
of
Abbots
,
This
might
seem
a
remedy
provided
against
the
first
Malady
complained
of
,
and
questionless
bound
all
but
the
King
;
and
so
might
perchance
abate
somewhat
the
edge
of
that
Article
.
But
it
being
the
Clergies
reach
to
grow
rich
,
and
the
Pope's
cunning
to
help
on
that
Work
,
that
they
might
be
as
stores
for
supply
of
his
Treasury
;
and
had
forbidden
Abbots
and
other
Prelates
,
&c.
the
liberty
of
disposing
their
Estates
by
last
Will
:
Kings
therefore
as
supreme
Patrons
to
these
bodies
in
their
vacancies
,
used
to
seize
all
the
Estates
of
the
Prelates
,
with
the
Temporalities
,
to
their
own
use
,
as
well
to
preserve
the
Riches
of
the
Kingdom
to
it self
,
and
the
possessions
of
such
Corporations
from
spoil
,
as
to
be
a
cloke
of
their
own
covetousness
.
And
under
the
Estates
of
the
Prelates
,
or
Heads
of
these
Corporations
,
all
the
Goods
and
Chattels
belonging
to
the
said
Corporations
were
comprehended
,
dead
persons
.
No
Clergie-man
is
bound
to
attend
at
the
Sheriff's
Turn
.
William
the
Conquerour
first
exempted
the
persons
of
the
Clergy
from
attendance
upon
Temporal
Courts
;
yet
they
were
still
urged
thereto
,
Grand
Charter
:
And
his
Son
Edward
the
first
pursued
the
same
course
,
especially
in
his
first
times
,
when
he
was
but
tenderly
rooted
;
as
may
appear
in
the
Statute
of
West
.
1.
Clergie-men
nor
their
Houses
shall
be
charged
with
Quarter
,
The
great
endowments
of
Lands
,
Rents
,
and
Revenues
given
to
the
Church-men
by
the
Laity
,
was
for
the
maintenance
of
Hospitality
and
works
of
Charity
.
The
Founders
and
Benefactors
hereby
obtained
a
right
of
Corody
or
Entertainment
at
such
places
,
in
nature
of
Free-quarter
;
which
in
the
necessitous
times
of
Henry
the
third
,
became
so
common
,
that
every
one
that
had
power
never
questioned
right
,
and
the
King
above
all
the
rest
.
By
means
whereof
,
the
Church-revenues
were
exceedingly
wasted
:
for
remedy
whereof
,
all
Offenders
are
by
this
Statute
made
liable
to
fine
and
imprisonment
,
and
double
damages
in
case
of
Action
of
Trespass
;
the
King
onely
excepted
,
against
whom
they
had
no
defence
,
but
would
rather
have
won
him
to
have
been
their
defence
against
the
exactions
from
Rome
that
continually
plagued
them
.
A
Clerk
taken
upon
Felony
,
With
due
respects
to
the
judgment
of
those
grave
and
honourable
persons
of
the
Law
,
non
expectatis
Justiciariis
quibuscunque
.
Such
wandring
Clerks
therefore
the
Clergy
will
have
delivered
before
Inquisition
,
if
demand
be
made
.
Nevertheless
,
because
the
Indictment
passed
many
times
before
the
Demand
came
;
for
by
the
fifteenth
Article
of
the
Clergies
Complaints
foregoing
,
it
appears
that
the
Lay-Judge
made
more
than
ordinary
speed
,
for
fear
of
stop
:
This
Law
provided
that
such
also
should
be
delivered
to
their
Ordinary
,
and
that
due
purgation
should
pass
before
the
party
were
delivered
;
and
in
case
the
Ordinary
neglected
his
duty
herein
,
he
was
liable
to
a
Fine
or
Amercement
.
Clergies
Complaint
foregoing
;
and
so
by
this
Law
,
the
fourteenth
and
fifteenth
Articles
of
the
Clergies
Complaint
are
answered
.
Disturbers
of
the
Freedom
of
Elections
fined
.
With
submission
to
the
judgment
of
others
,
I
suppose
that
this
was
framed
principally
for
the
satisfaction
of
the
Clergies
Complaints
in
the
third
,
fourth
,
and
fifth
Articles
foregoing
:
and
I
am
the
rather
induced
hereto
,
because
as
touching
Elections
into
Temporal
places
of
Government
,
several
Laws
are
especially
framed
;
such
as
are
Elections
of
Sheriffs
and
Coroners
,
whereof
the
one
is
West
.
1.
cap.
10.
the
other
Artic.
super
Cart.
cap.
10.
and
no
Law
is
especially
made
as
touching
the
Elections
of
the
Clergie
,
if
not
this
.
Ordinaries
having
the
Goods
of
the
Intestate
,
Originally
the
Goods
of
the
Intestate
passed
by
a
kind
of
descent
to
the
Children
:
afterward
by
a
Saxon
Law
,
the
Wife
had
her
part
;
and
this
continued
all
the
Normans
time
.
But
now
the
strength
of
the
Canon-Law
growing
to
its
full
pitch
,
after
a
long
chase
attached
the
prey
.
In
Henry
the
first
's
time
they
had
gotten
a
taste
;
for
although
the
Wife
and
Children
,
or
next
of
kin
,
had
then
the
possession
,
yet
it
was
for
the
good
of
the
Soul
of
the
deceased
;
and
the
Ordinary
had
a
directing
power
therein
,
and
so
was
in
the
nature
of
an
Overseer
,
and
somewhat
more
.
Afterwards
in
the
time
of
King
John
,
the
Clergie
had
drawn
bloud
:
for
though
the
possession
was
as
formerly
,
yet
the
dividend
must
be
made
in
the
view
of
the
Church
;
and
by
this
means
the
dividers
were
but
meer
instruments
,
and
the
right
was
vanished
into
the
Clouds
,
or
,
as
the
Lawyers
term
it
,
in
Abeyance
.
But
in
Henry
the
third's
time
,
the
Clergy
had
not
onely
gotten
the
game
,
but
gorged
it
:
Both
Right
and
Possession
was
now
become
theirs
,
and
wrong
done
to
none
but
the
Clouds
.
This
was
not
well
digested
before
Edward
the
first
recovered
part
of
the
morsel
,
and
by
this
Law
declared
the
use
to
be
for
the
benefit
of
the
deceased
.
And
thus
the
one
was
satisfied
in
having
what
he
used
not
,
the
other
,
in
using
what
he
had
not
.
But
these
are
but
gleanings
;
the
Law
of
Circumspecte
agatis
brings
in
a
Load
at
once
:
For
the
Clergie
being
vexed
with
the
passing
of
the
Statute
of
Mortmain
(
whereof
hereafter
when
we
come
to
speak
of
the
Clergies
losses
)
they
make
grievous
complaints
of
wrongs
done
to
their
priviledges
.
And
after
six
years
the
King
is
at
length
won
,
and
passed
a
writing
somewhat
like
a
grant
of
Liberties
,
Take
good
heed
that
you
do
not
punish
the
Bishop
of
Norwich
and
his
Clergie
,
It
is
therefore
neither
Grant
nor
Release
,
but
as
it
were
a
Covenant
,
that
the
Clergy
shall
hold
peaceable
possession
of
what
they
had
,
upon
this
ground
,
that
the
King's
prohibition
,
hath
no
place
in
such
things
as
are
merely
spiritual
.
So
as
hereby
the
Clergy
got
a
Judgement
against
the
Crown
by
confession
,
and
an
Estoppel
,
upon
this
maxime
,
spiritual
things
belong
to
spiritual
men
,
into
which
rank
the
King's
person
cannot
come
:
thus
thought
they
;
but
what
are
spiritual
causes
,
and
why
so
called
?
are
they
such
as
concern
spiritual
persons
and
things
?
this
was
the
old
way
:
mark
;
but
if
we
bring
into
this
Category
,
Adultery
,
Fornication
,
Incest
,
&c.
we
shall
mar●all
.
Linwood
tells
us
,
that
mere
spiritualia
are
such
as
are
sine
mixtura
temporalium
:
there
may
be
somewhat
in
this
,
though
I
cannot
find
it
;
nor
can
I
make
out
the
sence
of
the
term
any
other
way
,
but
to
limit
it
to
such
things
which
by
common
custom
the
Ecclesiastical
Judge
had
cognizance
of
:
for
otherwise
neither
King
nor
Law
ever
intended
it
to
be
expounded
by
the
Canon
,
nor
was
it
the
intent
of
this
Writ
,
Law
,
or
License
(
call
it
what
you
will
)
thus
to
conclude
,
as
the
particulars
following
will
manifest
.
Fornication
,
Adultery
,
and
such-like
,
punished
sometimes
upon
the
body
,
and
sometimes
upon
the
purse
.
These
crimes
the
Saxons
punished
by
the
Temporal
power
,
as
I
have
already
shewed
.
The
Normans
continued
this
course
,
if
we
may
believe
the
Conqueror's
Laws
,
Grand
Charter
;
never
asked
by
the
Clergie
,
formerly
,
nor
no
complaint
before
now
for
denial
:
for
my
part
therefore
I
shall
not
apprehend
it
of
a
higher
nature
than
the
King
's
Writ
,
which
in
those
days
went
forth
at
random
,
if
the
44th
Article
of
the
Clergies
,
complaints
foregoing
be
true
.
It
being
so
contrary
to
the
common
sence
of
Parliament
to
give
the
bodies
of
the
Freemen
to
the
will
of
the
Clergie
,
Free
holds
.
But
the
Writ
proceeds
in
enumeration
of
particulars
.
Reparations
and
adornings
of
Churches
,
and
Fences
of
Church-yards
.
Violence
done
to
a
Clerk
,
Defamation
to
reform
,
not
to
give
damage
.
Perjury
,
oblations
,
payments
of
Tythes
between
Rector
and
Parishioner
.
Right
of
Tythes
between
two
Rectors
to
a
fourth
part
of
the
value
.
Mortuaries
due
by
custom
.
A
Pension
from
a
Rector
to
a
Prelate
or
Advocate
.
The
most
of
which
were
under
the
power
of
a
prohibition
in
the
time
of
Henry
the
Third
,
who
was
King
but
yesterday
,
as
the
Articles
of
complaint
formerly
set
down
do
manifest
.
Nor
had
the
Clergie
ever
better
Title
than
connivance
of
some
such
favourites
as
King
Steven
,
whose
Acts
may
,
peradventure
,
be
urged
against
Kings
,
but
not
against
the
people
,
unless
their
own
act
can
be
produced
to
warrant
them
.
The
learning
,
in
the
Princes
case
,
will
(
I
suppose
)
admit
of
a
difference
:
for
it
can
never
be
made
,
out
,
that
the
King's
Council
in
Parliament
was
the
Magnum
concilium
Regni
,
House
of
Lords
;
and
therefore
whatever
passed
in
Parliament
by
their
onely
advice
might
bind
the
King
,
but
could
never
reach
the
Commons
nor
their
Liberties
.
And
thus
the
Grand
Charter
in
the
first
conception
was
conclusive
to
the
King
,
but
was
not
the
act
of
the
Parliament
;
because
the
Parliament
cannot
grant
a
Charter
to
it self
of
that
which
was
originally
custom
.
And
therefore
this
Law
,
however
countenanced
,
can
never
be
concluded
to
be
other
than
a
Permission
;
not
onely
because
it
was
never
the
Act
of
the
Commons
of
England
,
but
because
it
is
contrary
to
the
liberty
of
the
Freemen
.
And
it
is
beyond
all
imagination
,
that
the
Commons
should
out
themselves
from
the
protection
of
the
Common-Law
,
and
yoke
themselves
,
their
Free-holds
,
and
Estates
,
under
the
bondage
of
the
Canons
;
nor
ought
such
a
construction
to
be
admitted
,
without
express
words
to
warrant
it
.
As
for
the
conclusion
,
it
is
worse
,
and
not
onely
dishonourable
to
the
King
in
binding
his
Arms
from
protecting
his
Subjects
by
the
Common
Laws
,
and
so
in
some
respects
making
them
Outlaws
;
but
dishonourable
to
it self
,
whilst
it
makes
Prohibitions
grounded
upon
Laws
to
be
nullities
,
by
a
late
trick
of
non
obstante
,
which
was
first
taken
up
by
the
Pope
,
then
by
Henry
the
third
,
and
by
this
King
granted
to
the
Clergie
:
and
thus
are
all
set
at
liberty
from
any
rule
but
that
of
Licentiousness
.
Nevertheless
,
this
Law
did
thrive
accordingly
;
for
we
find
scarce
any
footsteps
in
story
of
any
regard
had
thereof
till
it
became
grey-headed
.
For
it
was
not
long
e're
the
King
stood
in
need
of
money
,
and
was
necessitated
to
try
the
good
wills
of
the
Clergie
more
than
once
:
this
occasioned
them
to
be
slow
in
answer
,
Papa
inconsulto
.
The
King
hereupon
disavows
the
Clergy
,
and
leaves
them
to
the
Romish
oppressions
,
which
were
many
;
and
then
the
Clergie
rub
up
all
old
sores
,
and
exhibit
their
complaints
to
their
holy
Father
,
to
this
effect
:
-
1.
That
the
King's
Justices
intermeddle
in
Testamentary
causes
,
accounts
of
Executors
,
and
cognizance
of
Tythes
,
especially
to
the
fourth
part
of
the
Living
.
-
2.
That
the
Clergie
were
charged
to
the
King's
Carriages
.
That
the
King's
Mills
were
discharged
from
paying
of
Tythes
.
That
Clerks
attending
on
the
Exchequer
,
were
necessitated
to
non-residency
.
And
that
after
their
decease
,
their
Goods
were
seized
till
their
acounts
were
made
.
That
Ecclesiastical
possessions
were
wasted
during
vacancies
.
-
3.
That
Clerks
were
admitted
to
free
Chappels
by
Lay
men
.
-
4.
That
the
King's
Justices
took
cognizance
of
Vsury
;
Defamation
,
violence
done
to
Clerks
,
Sacriledge
,
Oblations
,
Fences
of
the
Church-yards
and
Mortuaries
.
-
5.
That
prohibitions
are
granted
without
surmise
.
-
6.
That
Clerks
are
called
to
answer
in
the
King's
Court
for
crimes
,
and
being
acquitted
,
the
Informers
escape
without
penalty
.
-
7.
That
Clerks
are
not
allowed
their
Clergie
.
-
8.
That
after
purgation
made
,
Clerks
are
questioned
in
the
King's
Court
for
the
same
offence
.
-
9.
That
persons
in
Sanctuary
are
therein
besieged
.
-
10.
That
the
Writ
de
Cautione
admittenda
issueth
forth
,
although
the
Church
be
not
satisfied
;
and
excommunicate
persons
being
imprisoned
,
are
enlarged
in
like
manner
.
-
11.
That
Debts
between
Clerks
due
,
are
determined
in
the
temporal
Courts
.
-
12.
That
Bishops
are
compelled
by
Distress
to
cause
Clerks
to
appear
in
Lay-courts
without
cause
.
-
13.
That
the
Church
loseth
it's
right
by
the
ceasing
of
Rent
or
Pension
by
the
space
of
two
years
.
-
14.
That
Nuns
are
compelled
to
sue
in
the
Lay-courts
for
their
right
in
possessions
befalling
by
decease
of
their
Kinred
.
-
15.
That
Churches
are
deprived
of
their
Priviledges
till
they
shew
Quo
warranto
they
hold
them
.
-
16.
That
Ecclesiastical
Judges
are
stopped
in
their
proceedings
by
Sheriffs
and
great
men
.
-
17.
That
Bishops
refusal
of
Clerks
presented
are
examined
in
the
Lay-courts
.
-
18.
That
Patrons
of
Religious
Houses
do
oppress
them
by
extream
Quarter
.
-
19.
That
Bigamy
and
Bastardy
are
tried
in
Lay-courts
.
-
20.
That
the
King
suffers
his
Livings
to
be
vacant
for
many
years
.
-
21.
That
the
Clergie
are
wronged
by
the
Statute
of
Mortmain
.
Here
's
all
,
and
more
than
all
that
's
true
;
and
more
than
enough
,
to
let
the
Reader
see
that
the
Writ
Circumspecte
agatis
was
but
a
face
put
on
for
the
present
,
after
laid
aside
,
and
the
Clergy
left
to
the
bare
Canon
.
They
likewise
shew
what
the
Clergy
aimed
at
:
and
in
that
they
did
not
obtain
,
it
was
to
be
attributed
to
the
resolution
of
the
Laity
,
and
not
any
neglect
in
themselves
;
for
the
Arch-bishop
died
in
the
service
,
de
consultatione
habenda
in
all
matrimonial
and
testamentary
cases
,
Ecclesiastical
cognizance
extendeth
unto
Tythes
,
In
the
first
times
,
neglect
or
denial
of
Church-duties
was
punished
in
the
King's
Court
by
Fine
.
Afterwards
the
Bishop
was
joyned
in
that
Work
,
and
the
Tythable
Goods
were
seized
;
eight
parts
whereof
were
taken
to
the
Lords
and
the
Bishops
use
by
moyeties
,
Ecclesiastical
Court
,
Ecclesiastical
censure
.
So
as
their
power
crept
up
by
degrees
in
recovering
of
Church
duties
,
as
it
did
in
Testamentary
matters
;
and
at
length
Henry
the
third
,
worn
and
spent
with
the
Barons
Wars
,
about
his
latter
end
yielded
to
Boniface
the
Archbishop
his
importunate
demands
;
and
first
gave
liberty
to
the
Clergie
to
be
their
own
Judges
:
and
yet
the
Lay-Judges
,
although
divers
of
them
were
Clergie
men
,
did
not
suddenly
forbear
,
till
this
Law
came
,
which
gave
some
satisfaction
to
the
first
and
fourth
Articles
of
Complaint
foregoing
.
Ecclesiastical
cognizance
extendeth
not
to
a
fourth
part
of
the
Tythes
of
any
Living
,
The
Complaint
of
the
Clergie
in
Henry
the
third's
time
,
was
against
the
King's
prohibition
in
case
of
Tythes
indefinitely
:
for
in
those
times
,
and
afterwards
in
Edward
the
first
's
time
,
the
King's
Court
had
the
cognizance
of
all
Tythes
;
and
therefore
in
the
Statute
of
West
.
2.
c.
5.
the
Writ
of
Indicavit
was
allowed
in
case
of
right
of
any
portion
of
Tythes
;
yet
the
Church
still
gained
ground
,
and
about
,
or
before
the
death
of
Edward
the
first
,
that
the
Kings
Justices
held
cognizance
of
the
fourth
part
;
and
here
they
were
confined
thereto
by
this
Law
,
which
the
Clergie
could
never
remove
.
For
violence
done
to
Clerks
the
offender
shall
render
damage
in
the
Kings
Court
;
but
Excommunication
,
The
Canon-Law
had
an
ancient
claim
to
the
protection
of
Clerks
,
both
as
touching
their
persons
and
estates
;
and
prevailed
so
far
,
as
they
were
thereby
emboldened
to
offer
violence
unto
others
.
But
as
I
formerly
shewed
,
by
a
Law
in
Henry
the
Second's
time
,
the
Temporal
Judge
resumed
his
original
power
;
and
this
became
a
sore
evil
between
the
Clergie
and
Laity
:
St.
John's
of
Jerusalem
,
in
the
seventh
year
of
Henry
the
Third
,
belonged
to
the
Ecclesiastical
Court
to
punish
.
But
in
Edward
the
First
's
time
,
by
the
Ordinance
of
Circumspecte
agatis
,
and
Articles
concerning
prohibitions
,
the
difference
was
made
between
damages
,
and
pro
reformatione
,
and
the
same
affirmed
by
this
Law
;
and
so
the
matter
setled
,
and
the
fourth
Article
of
the
Clergies
complaint
in
some
measure
was
satisfied
.
Defamation
within
Cognizance
of
the
Ecclesiastical
Court
,
The
words
are
general
and
peremptory
,
with
a
non
obstante
the
Kings
prohibition
;
and
yet
the
Law
afterwards
restrained
the
sence
to
defamation
for
crimes
,
or
offences
triable
in
the
Ecclesiastical
Court
:
and
this
gave
further
satisfaction
to
the
fourth
Article
of
the
Clergies
complaint
foregoing
.
Tythes
of
new
Mills
may
be
recovered
in
the
Ecclesiastical
Court.
This
Tythe
of
Mills
was
a
new
encroached
Tythe
never
mentioned
in
any
former
Law
of
this
Kingdom
,
nor
demanded
by
the
Synod
at
London
,
Anno
1173.
which
mentions
Fruit-Trees
,
young
broods
of
living
creatures
that
are
tame
,
Herbage
,
Butter
,
Cheese
,
with
other
particulars
,
but
mentions
not
new
Mills
.
It
is
true
,
Articuli
Cler●
▪
and
had
paid
the
same
by
custom
;
and
such
as
by
Law
in
the
Confessors
time
were
declared
to
be
given
a
Rege
,
Baronibus
,
&
populo
.
But
by
the
second
Article
of
the
Clergies
complaint
next
foregoing
,
it
appears
that
the
Kings
Mills
refused
to
pay
this
Tythe
:
now
whether
the
new
Mills
were
called
the
Kings
Mills
,
as
being
made
upon
the
publick
streams
by
the
Kings
license
;
or
whether
the
Mills
newly
made
within
the
Demesnes
of
the
Crown
,
it
is
not
to
be
insisted
upon
;
but
it
is
evident
,
that
till
this
Law
made
,
the
new
Mills
would
not
Tythe
their
labours
.
One
and
the
same
matter
may
be
tryed
at
the
Common-Law
,
The
great
sore
that
was
complained
of
,
was
,
that
the
Clergie
after
purgation
in
the
Ecclesiastical
Court
made
,
were
proceeded
against
in
the
Kings
Court
in
case
of
breach
of
peace
or
Felony
,
as
may
appear
out
of
the
16th
Article
of
the
Clergies
first
complaints
,
and
the
8th
Article
of
that
taken
out
of
Baronius
.
Nevertheless
,
the
present
Law
subjoyns
an
example
of
the
questioning
a
Lay-man
in
the
Ecclesiastical
Court
,
in
case
of
violence
done
to
a
Clerk
,
as
a
matter
which
may
be
tryed
in
the
Ecclesiastical
Court
,
and
yet
reviewed
by
the
Kings
Court.
The
Writ
de
Excommunicato
deliberando
shall
not
issue
forth
,
This
might
be
intended
in
satisfaction
of
the
Tenth
Article
of
the
Clergies
complaint
in
Baronius
,
and
the
Tenth
Article
in
the
Clergies
complaint
first
recited
;
although
that
complaint
both
in
the
10
,
11
,
12
,
and
33
Articles
,
seem
to
be
but
clamour
upon
Officers
,
and
not
the
Kings
Court
of
Justice
.
Clerks
Officers
to
the
Exchequer
are
to
be
corrected
by
their
Ordinaries
;
This
is
in
part
an
answer
to
the
second
Article
of
the
Clergies
last
complaint
,
and
a
justification
thereof
,
as
a
thing
that
is
pro
bono
publico
.
Clergie-mens
Goods
shall
not
be
Distrained
either
in
the
High-way
,
or
Sanctuary-grounds
,
The
complaint
exhibited
in
Henry
the
third's
time
,
and
the
8th
Article
,
was
only
in
ordinary
personal
Actions
;
but
in
the
complaint
made
in
Edward
the
second
's
time
,
Article
12.
is
,
that
it
is
without
cause
that
they
are
so
distrained
.
This
Law
yieldeth
them
somewhat
,
viz.
immunity
from
distress
within
their
ancient
possessions
,
which
had
been
by
ancient
custom
priviledged
;
but
yields
nothing
as
touching
their
latter
purchased
Lands
,
because
they
had
no
such
custom
.
High-ways
and
Sanctuaries
shall
be
free
for
such
as
abjure
,
so
as
they
shall
neither
be
restrained
from
liberty
,
The
grievance
in
the
22th
Article
of
the
Clergies
complaint
in
Henry
the
Thirds
time
,
and
the
ninth
in
that
of
the
times
of
Edw.
2.
are
hereby
relieved
;
provided
that
the
Delinquent
keeps
himself
in
due
order
.
Houses
of
Religion
shall
not
be
oppressed
with
Corodies
,
Pensions
,
This
answered
the
grievance
in
the
42.
and
43.
of
the
first
complaint
,
and
the
18th
of
the
latter
,
and
in
effect
little
other
than
what
was
formerly
setled
by
West
.
1.
cap.
1.
The
Kings
Tenant
may
be
cited
before
the
Ordinary
out
of
their
own
Town
;
and
if
Excommunicated
for
want
of
appearance
,
A
remedy
this
was
against
the
grievances
in
the
12
and
33
Articles
of
the
first
complaint
,
and
in
the
10th
Article
of
the
last
schedule
of
complaints
.
And
thus
the
Clergie
have
gotten
the
day
of
the
Kings
Tenants
,
which
they
had
been
striving
for
ever
since
the
Conquest
,
as
may
appear
by
what
hath
been
formerly
said
;
and
now
the
Kings
Tenants
are
in
no
better
condition
than
other
men
,
A
Clerk
presented
and
found
unable
by
the
Ordinary
,
Although
the
fitness
or
sufficency
of
the
party
presented
,
is
to
be
examined
by
the
Ordinary
,
yet
the
Civil
Magistrate
hath
power
in
action
brought
to
enquire
and
determine
whether
the
Ordinaries
work
was
rightly
done
;
and
so
the
17th
Article
of
the
last
complaint
answered
.
Elections
shall
be
free
.
The
Laws
was
of
the
same
with
this
in
the
Stat.
W.
1.
cap.
5.
which
see
before
;
and
it
may
be
that
the
iniquity
of
the
times
continued
notwithstanding
,
and
so
occasioned
the
renewing
of
this
Law.
A
Clerk
having
taken
Sanctuary
shall
not
be
compelled
to
adjure
.
Nor
after
confession
of
the
Crime
,
or
appealing
others
before
the
secular
Judge
,
shall
be
denyed
his
Clergie
.
Although
the
Temporal
Courts
proceeded
not
so
far
as
to
pass
sentence
against
a
Clerk
that
had
taken
Sanctuary
;
yet
they
proceeded
to
enquiry
,
as
may
appear
by
what
was
said
formerly
concerning
the
Stat.
West
.
1.
cap.
2.
and
therefore
though
this
Law
in
the
15th
Chap.
alloweth
that
a
Clerk
in
Sanctuary
shall
enjoy
his
Ecclesiastical
liberty
,
yet
the
words
legi
Regni
se
reddens
are
interposed
;
and
the
reason
is
,
because
the
King
upon
Indictment
found
,
had
right
to
the
Delinquents
goods
,
No
Religious
House
shall
be
charged
with
Tax
to
any
Superiour
without
the
Realm
of
England
;
This
was
neither
at
the
request
of
the
Clergie
,
nor
act
of
kindness
intended
unto
them
;
but
for
the
good
of
the
Kingdom
,
to
prevent
the
bleeding
of
the
Treasure
of
the
Kingdom
into
Foraign
parts
.
Patrons
of
Abbies
shall
have
their
custody
during
their
vacancies
.
This
was
the
ancient
Law
,
now
revived
by
the
Clergies
consent
,
and
intended
for
the
safeguard
of
the
Revenues
of
the
Houses
,
and
their
maintenance
;
and
therefore
it
is
with
a
sicut
superius
dictum
est
,
cap.
5.
The
Goods
of
the
Clergie
freed
from
purveyance
,
unless
they
will
.
It
was
a
favour
given
by
Edw.
2.
to
the
Clergie
,
to
gain
their
good
will
after
the
death
of
Gaveston
,
the
shameful
defeat
received
in
Scotland
,
and
some
particular
testimonies
of
God's
displeasure
,
whereof
he
began
to
be
somewhat
sensible
.
Franchises
holden
by
prescription
or
Charter
confirmed
,
and
Tryals
by
Quo
Warranto
allowed
to
be
in
Eyer
.
It
was
the
common
share
of
the
great
men
,
but
especially
of
the
Clergie
,
to
have
their
Franchises
exposed
to
the
prey
of
the
Eagles
,
or
to
such
as
hawked
for
them
;
and
it
is
likely
the
King
had
not
so
easily
for
gone
his
prize
,
if
all
the
fat
had
fall'n
to
his
own
share
:
but
perceiving
that
more
benefit
came
to
his
instruments
than
was
meet
,
and
himself
little
the
better
thereby
;
he
sacrificed
his
Judges
to
the
people
,
but
it
was
to
his
own
behoof
,
and
so
gained
both
credit
and
favour
from
the
people
,
and
profit
to
himself
;
and
in
some
measure
satisfied
the
48
,
49
,
50.
Articles
of
the
Clergies
complaint
in
the
time
of
Henry
the
Third
,
and
the
15th
Article
of
their
last
complaint
.
Lands
or
Tenements
aliened
to
a
Religious
house
shall
escheat
to
the
Lord
,
The
ground
hereof
principally
was
the
prejudice
done
to
the
Lord
by
destruction
of
the
Tenure
,
albeit
that
it
had
been
an
ancient
grievance
complained
of
in
the
Saxon
times
,
That
the
Clergie
were
covetous
,
and
swallowed
down
estates
,
and
thereby
weakned
the
Kingdom
.
But
now
they
are
become
even
cheaters
,
serving
the
turns
of
treacherous
Tenants
,
that
would
give
their
Lands
by
compact
with
the
Church-men
,
to
receive
them
again
from
them
to
hold
of
the
Church
;
which
was
a
liberty
that
men
thirsted
after
in
those
times
,
wherein
the
Church-men
were
more
adored
than
their
Images
.
second
Institutes
:
for
he
saith
that
a
man
may
give
his
Lands
to
any
one
,
free
Alms.
Nevertheless
it
seemeth
to
be
such
restraint
,
that
the
Templars
and
Hospitallers
were
fain
to
find
out
a
new
way
,
which
was
to
protect
mens
Tenements
from
execution
of
Law
by
levying
crosses
thereon
,
albeit
the
right
of
the
Lords
was
not
barred
;
de
Religiosis
;
by
which
it
was
enacted
,
that
in
case
of
such
alienations
in
Mortmain
,
the
Lord
should
have
liberty
to
enter
,
if
he
failed
,
then
the
Lord
Paramount
;
or
if
he
failed
,
the
King
should
enter
,
and
dispose
of
the
same
;
and
that
no
license
of
Mortmain
should
be
sued
out
,
but
by
the
mean
Lord's
assent
;
and
where
part
of
the
premises
remain
still
in
the
Donor
,
mare
mortuum
of
the
Clergie
,
consumed
the
maintenance
of
Knight
service
,
by
converting
the
same
to
Clerk-service
.
No
Judge
shall
compel
a
Free-man
to
make
Oath
without
the
Kings
command
.
So
is
the
sence
of
the
Law
rendred
by
an
ancient
Authour
;
impose
Oaths
,
and
to
punish
for
breach
of
Oath
;
Athas
&
Ordulas
;
and
the
Church-men
that
first
procured
vacations
from
Suits
of
Law
during
holy
times
,
procured
a
Law
also
to
be
setled
by
Edward
the
Saxon
King
,
holy
Feasts
and
lawful
Fasts
.
And
a
wonder
it
is
how
it
escaped
the
gripe
of
the
Clergie
so
long
,
who
catched
at
any
thing
that
had
but
a
glance
of
Gods
worship
in
it
.
And
if
this
were
the
Subjects
Liberty
,
not
to
be
compelled
to
Swear
,
surely
much
more
not
to
be
compelled
to
accuse
himself
,
unless
by
the
Law
he
be
especially
bound
;
Steven
Langton
Arch-Bishop
of
Canterbury
,
of
a
faculty
of
licensing
administration
of
Oaths
during
the
time
of
Lent
;
and
he
accordingly
enjoyed
it
during
the
mad
time
of
Henry
the
Third
.
But
Edward
the
first
quarrelled
it
,
and
left
it
questionable
to
Edward
the
Second
,
who
being
in
his
condition
as
a
lost
man
,
had
less
care
of
such
smaller
matters
,
and
therefore
allowed
that
his
Judges
of
Assizes
should
be
licensed
by
the
Arch-bishop
to
administer
Oaths
in
their
Circuits
in
the
sacred
times
of
Advent
and
Septuagessima
:
Put
the
Bishop
of
N.
to
his
pledges
,
England
.
And
thus
both
King
and
Clergie
were
at
contest
for
this
power
over
the
peoples
Consciences
,
to
which
neither
had
the
right
otherwise
than
by
rules
of
Law.
Bigamists
shall
not
be
allowed
their
Clergie
,
Whatsoever
therefore
their
Synods
in
those
times
pretended
against
the
married
Clergie
,
it
seemeth
by
this
Law
that
they
had
Clergie
that
were
married
once
and
again
;
and
yet
before
and
after
the
Council
,
were
admitted
as
Clerks
in
the
judgment
of
the
Law.
But
the
general
Council
interposes
their
authority
,
and
deprives
them
that
are
the
second
time
married
,
of
all
their
priviledges
of
Clergie
.
It
was
it
seemeth
twenty
years
and
more
after
that
Council
,
before
the
Church-men
in
England
were
throughly
reformed
;
for
either
some
were
still
Bigami
at
the
making
of
this
Law
,
or
as
touching
that
point
it
was
vain
;
nor
is
it
easie
to
conceive
what
occasion
should
after
so
long
a
time
move
such
exposition
,
Nicene
Faith
,
and
the
first
five
general
Councils
,
were
received
by
Synodical
confirmations
of
this
Kingdom
made
in
the
joynt
meeting
both
of
the
Laity
and
Clergie
;
and
during
such
joynt
consulting
,
the
summons
to
the
general
Councils
was
sent
to
the
King
to
send
Bishops
,
Abbots
,
&c.
but
after
that
the
Laity
were
excluded
by
the
Clergie
from
their
meetings
,
and
the
King
himself
also
served
in
the
same
manner
;
the
Summons
to
the
general
Council
issued
forth
to
the
Bishops
immediately
,
and
in
particular
to
each
of
them
,
and
to
the
Abbots
and
Priors
in
general
;
by
vertue
whereof
,
they
went
inconsulto
Rege
,
holy
War
,
and
to
determine
the
matter
between
Henry
the
third
and
his
Clergie
men
.
And
as
in
that
case
,
so
in
others
of
that
kind
,
Kings
would
send
their
Embassadors
or
Proctors
,
and
give
them
power
in
their
Princes
name
interessendi
,
tranctandi
,
communicandi
&
concludendi
.
First
,
of
such
matters
quae
ad
reformationem
Ecclesiae
universalis
in
capite
&
membris
,
Spiritual
vote
joyned
in
one
.
Neither
did
Kings
onely
save
their
purse
,
but
they
also
made
their
own
further
advantage
hereby
;
for
by
the
engagement
and
respect
which
these
their
Proctors
had
in
Councils
,
they
(
being
for
the
most
part
such
as
were
had
in
best
esteem
)
obtained
better
respect
to
the
cause
that
they
handled
,
and
speedier
dispatch
.
Nevertheless
the
case
sometimes
was
such
,
as
could
not
expect
favour
;
and
then
as
the
King's
temper
was
,
they
would
sometimes
ride
it
out
with
full
sail
,
and
to
that
end
would
either
joyn
with
their
Ecclesiastcal
Proctors
some
of
the
Barons
and
great
men
of
their
Realm
,
to
add
to
the
cry
,
and
make
their
affairs
ring
louder
in
the
ears
of
fame
(
although
the
Pope
had
the
greater
vote
)
or
otherwise
would
send
an
inhibition
unto
their
Proctors
and
their
assistants
;
or
an
injunction
to
look
to
the
rights
of
the
Crown
,
Peckham
,
An.
1280.
the
Acts
of
the
Council
of
Lyons
were
ratified
,
and
amongst
others
,
a
Canon
against
non-residency
and
pluralities
;
and
yet
neither
Council
nor
Synod
could
prevail
;
for
in
Edward
the
Second's
time
an
Abbot
presenting
to
a
Church
vacant
(
as
was
supposed
)
by
the
Canon
of
pluralities
,
the
King
whose
Chaplain
was
disturbed
,
Whereas
therefore
that
Decree
bindeth
not
our
Clerks
in
our
service
,
in
regard
that
the
Kings
and
Princes
of
England
from
time
to
time
have
enjoyed
that
liberty
and
prerogative
,
that
their
Clerks
whilst
they
attend
upon
their
service
shall
not
be
constrained
to
undertake
holy
things
,
or
to
be
personally
resident
on
their
Benefices
,
&c.
And
if
this
present
Law
be
considered
whereof
we
now
treat
,
which
took
leave
to
enact
a
sence
upon
a
former
Canon
so
long
since
made
,
and
(
which
is
all
one
)
to
mak●
a
general
Council
(
will
or
nill
it
)
to
tread
in
the
steps
of
an
English
Parliament
,
or
(
which
is
more
mean
)
to
speak
after
the
sence
of
an
English
Declaration
,
that
had
not
yet
attained
the
full
growth
of
a
Statute
,
Basil
,
Henry
the
Sixth
sent
not
above
twelve
or
thirteen
,
as
Mr.
Selden
more
particularly
relateth
.
Nevertheless
,
National
Synods
in
England
undertook
the
quarrel
of
general
Councils
:
under
correction
;
nor
was
there
other
remedy
left
to
Kings
but
threats
,
And
this
prevailed
so
effectually
,
that
the
Bishops
durst
not
adventure
too
far
,
lest
they
should
go
beyond
their
guard
;
and
therefore
they
come
and
ask
leave
of
the
Parliament
in
cases
that
trenched
upon
the
Law
of
the
Kingdom
;
That
Children
born
before
Marriage
might
be
made
legitimate
by
the
Marriage
subsequent
.
And
yet
they
could
not
prevail
;
for
they
were
answered
,
Nolumus
leges
Angliae
mutari
,
notwithstanding
that
the
Canon-law
and
the
Laws
of
the
Normans
sided
with
them
.
And
so
they
obtained
not
their
desire
,
although
they
still
retained
the
Tryal
of
general
Bastardy
unto
themselves
.
Nevertheless
the
times
were
such
,
as
Kings
being
too
weakly
assisted
by
the
people
,
and
the
Clergie
strongly
seconded
by
the
Pope
,
they
took
advantage
of
those
times
of
distraction
,
so
as
to
hold
themselves
no
farther
obliged
to
the
King
,
than
the
Pope
and
their
own
covetousness
would
allow
them
:
and
to
make
all
sure
,
they
had
setled
it
so
far
as
they
were
able
,
by
a
Constitution
that
the
Clergie
were
not
bound
to
aid
the
King
Papa
inconsulto
:
CHAP.
LXVII
.
SHattered
asunder
by
broyls
of
Civil
Wars
,
the
Freemen
having
laid
aside
that
regard
of
the
ancient
mutual
covenant
,
and
bond
of
Decenners
,
are
now
become
weak
,
and
almost
enthralled
to
the
lust
of
Kings
,
Lords
,
Pope
,
and
English
Clergie
:
and
therefore
it
is
no
wonder
if
Taxes
and
Tributes
were
many
and
new
,
although
most
of
them
deserved
not
to
march
under
any
banner
but
the
colours
of
oppression
;
nor
did
any
thing
save
them
from
the
worst
Tenure
of
all
,
but
the
several
interests
of
those
superiour
powers
which
oftentimes
did
justle
with
one
another
,
and
thereby
gave
the
Commons
liberty
to
take
breath
;
so
as
though
for
the
present
they
lost
ground
,
and
hunted
upon
a
cool
scent
,
yet
they
still
retained
the
prey
within
their
view
.
Sometimes
they
were
cast
far
behind
,
other
times
they
recovered
themselves
:
a
Truce
is
cried
,
and
Laws
are
made
to
moderate
all
,
and
determine
the
bounds
of
every
one
;
and
thus
comes
the
Grand
Charter
upon
the
publick
Theatre
.
The
Historian
saith
,
it
was
the
same
with
that
of
King
John's
framing
;
and
yet
by
comparing
them
together
,
we
find
them
disagreeing
both
in
words
and
sence
;
and
therefore
shall
sum
the
same
up
as
shortly
as
I
can
,
observing
the
difference
of
the
two
Charters
as
I
pass
along
.
The
First
Chapter
concerned
the
Church
,
of
which
sufficient
hath
been
spoken
.
The
Freemen
shall
enjoy
these
Liberties
to
them
and
their
Heirs
for
ever
.
The
Heir
in
Knight-service
shall
pay
the
ancient
relief
.
That
Reliefs
were
setled
by
the
Saxons
,
hath
been
already
shewed
,
and
also
that
they
were
continued
and
confirmed
by
Henry
the
First
:
onely
in
those
times
they
were
paid
in
Horses
,
Arms
,
&c.
But
in
after-times
all
was
turned
into
money
,
which
was
more
beneficial
for
all
.
Lords
shall
have
their
Wards
bodies
and
Lands
after
homage
received
until
the
full
age
,
though
the
Ward
be
formerly
Knighted
.
The
Law
of
Wardship
may
seem
more
anciently
seated
in
this
Kingdom
than
the
Normans
times
;
Wardship
,
per
cause
de
guard
.
And
in
case
the
Lord
would
hold
the
Wardship
longer
than
the
full
age
of
the
Heir
,
primer
seisin
.
And
if
the
Heir
entred
the
Lands
before
Homage
done
,
he
gained
no
Free
hold
,
though
he
were
Knighted
before
,
as
this
Law
provideth
.
For
it
may
seem
that
these
times
of
Civil
War
,
Grantees
or
their
Assigns
,
or
Committees
of
Wardships
,
They
shall
yield
up
the
same
stocked
,
The
first
of
these
is
the
Law
of
common
reason
;
for
it
is
contrary
to
Guardianship
,
to
destroy
that
which
by
their
office
they
ought
to
preserve
.
As
touching
the
words
of
the
Law
,
the
Grantees
are
omitted
in
the
Charter
of
King
John
;
and
also
their
Assignees
,
albeit
that
doubtless
they
were
within
the
intent
and
meaning
of
the
Law.
The
matter
declares
plainly
not
onely
the
oppression
of
Lords
upon
their
Wards
,
but
also
the
corruption
even
of
the
Law
itself
,
that
at
the
first
aimed
at
the
good
of
the
Publick
,
and
honour
of
Knight-service
,
but
now
was
degenerated
into
the
base
desire
of
profit
,
by
making
market
of
the
Wards
Estates
and
Marriages
,
that
brought
in
strip
and
waste
of
Estates
,
and
niggardly
neglect
of
the
education
and
training
up
of
the
persons
of
the
Wards
,
and
an
imbasing
of
the
generation
of
mankind
,
and
spoil
of
times
.
Nor
did
these
times
ever
espy
,
or
provide
against
the
worst
of
these
,
but
onely
endeavoured
to
save
the
estate
by
punishing
the
wasters
in
damages
by
this
Law
,
The
marriage
of
Wards
shall
be
without
disparagement
.
It
was
an
ancient
Law
among
the
Germans
,
Marriage
must
be
amongst
equals
;
Ward
married
without
the
Lord's
consent
,
he
shall
have
the
double
value
,
and
hold
the
Land
over
till
satisfaction
.
Widows
shall
have
their
Dower
,
With
due
regard
of
the
opinion
of
others
,
I
shall
propound
my
own
.
It
seemeth
to
me
that
the
King
is
within
this
Law
,
as
well
as
within
the
former
Laws
of
the
Normans
,
and
those
of
Henry
the
Second
,
that
are
of
this
kind
;
and
as
he
is
within
the
compass
of
every
Law
of
this
Charter
;
and
that
it
is
called
the
Grand
Charter
,
as
most
immediately
coming
from
the
King
to
the
people
,
and
not
from
the
Lords
.
Nor
is
there
any
ground
that
the
Law
should
intend
to
give
liberty
to
Widows
of
Wards
belonging
to
inferiour
Lords
to
marry
whom
they
will
,
and
that
onely
the
Kings
Widows
shall
be
bound
.
Nor
did
this
suit
with
the
contest
between
the
Barons
and
the
King
,
that
their
Widows
should
be
bound
unto
the
King
,
Widows
dwelling
,
the
Law
thought
it
unreasonable
that
she
should
immediately
after
the
death
of
her
Husband
be
exposed
to
be
harbourless
,
and
therefore
ordained
that
she
might
continue
in
her
Husband's
house
Forty
days
,
if
it
were
not
a
Castle
;
and
then
she
was
to
have
another
dwelling
assigned
to
her
,
because
by
common
intendment
she
is
not
supposed
to
be
a
person
meet
to
defend
a
Castle
:
and
this
was
called
her
Quarentine
;
which
I
meet
not
with
amongst
the
Saxon
Laws
,
and
therefore
suppose
it
to
be
of
Norman
original
.
No
Man's
Land
shall
be
seized
for
Debt
to
the
King
so
long
as
the
Personal
Estate
will
satisfie
.
The
first
part
hereof
,
was
the
issue
of
the
Law
concerning
elegit
,
formerly
observed
in
the
Saxon
times
;
for
the
regard
of
Law
principally
extended
unto
the
person
,
next
unto
the
Free-hold
,
and
lastly
unto
the
goods
.
The
latter
part
of
this
Law
was
the
Law
of
Pledges
or
Decenners
in
the
same
times
;
unto
which
the
Reader
may
resort
for
further
light
herein
.
The
City
of
London
,
The
whole
Kingdom
,
and
the
Members
thereof
herein
expressed
,
had
all
their
Liberties
saved
from
the
dint
of
Conquest
by
the
Law
of
William
the
first
;
grand
Charter
inserted
one
clause
which
in
the
grand
Charter
of
Henry
the
Third
appeareth
not
,
which
thus
ensueth
:
Et
ad
habendum
commune
concilium
Regni
de
auxiliis
assidendis
,
aliter
quam
in
tribus
casibus
praedictis
;
which
if
the
barbarism
of
the
Latine
mislead
me
not
,
is
thus
in
English
:
And
to
have
right
of
Common-Council
,
or
to
be
of
the
Common-Council
of
the
Kingdom
,
for
the
assessing
of
aids
,
other
than
in
three
cases
aforesaid
,
viz.
for
redemption
of
their
Captive
King
,
for
Knighting
of
the
Kings
Son
,
and
for
his
Daughters
Marriage
:
because
these
three
might
be
due
by
the
Common-Law
;
the
two
latter
by
custom
,
the
former
by
common
right
;
although
mentioned
from
the
late
disaster
of
King
Richard
,
which
King
John
might
with
shame
enough
remember
,
and
expect
the
same
measure
from
the
censure
of
an
unquiet
conscience
.
I
shall
not
enter
into
debate
concerning
the
omission
hereof
in
the
later
Charters
;
possibly
it
might
seem
a
tautology
.
Nor
concerning
the
restriction
,
as
if
it
did
imply
that
the
Burgesses
had
Vote
only
in
cases
of
general
assesments
,
but
shall
leave
it
to
the
consideration
of
the
Reader
.
No
Distress
shall
be
taken
for
greater
service
or
other
matter
than
is
due
.
Distresses
are
in
nature
,
no
other
than
a
summons
in
act
,
or
the
bringing
of
a
man
to
answer
by
seizure
of
part
of
his
Goods
;
and
it
was
used
by
the
Saxons
,
as
hath
been
shewed
:
and
because
the
rich
men
under
colour
of
seeking
their
right
,
many
times
sought
for
wrong
,
and
though
they
could
not
prevail
in
the
issue
,
yet
prevailed
so
far
,
that
the
Defendant
could
not
escape
without
charge
and
hinderance
;
therefore
the
Law
provided
a
Writ
of
remedy
against
unjust
vexation
,
common
right
,
and
upon
complaint
made
by
the
Plaintiff
.
The
King
sent
out
a
Summons
in
this
manner
:
common
right
,
the
distress
never
was
done
in
an
arbitrary
way
,
common
right
the
same
must
be
recovered
from
the
Fee
,
and
such
as
owe
service
in
the
same
;
but
the
High-way
or
open
street
are
more
properly
a
Franchise
belonging
to
the
King
,
although
the
Soil
haply
may
be
the
Lords
.
And
therefore
it
was
an
old
Law
,
that
they
should
be
under
the
King's
safeguard
,
personal
Estate
of
the
Delinquent
.
Thirdly
,
as
touching
the
matter
of
the
distress
,
it
must
not
be
of
Plough
beasts
or
Sheep
,
damage
fesant
,
if
other
distress
may
be
had
;
for
the
Law
had
a
care
of
such
Cattel
as
were
most
of
publick
concernment
,
and
which
was
the
main
stock
of
subsistence
,
so
far
as
Justice
would
allow
.
And
therefore
the
unjust
taking
of
any
man's
Cattel
by
any
person
whatsoever
,
is
liable
to
the
same
penalties
that
unjust
distresses
are
.
The
Common-pleas
shall
be
holden
in
one
certain
place
.
The
Office
of
Judge
of
the
Common-pleas
,
was
,
in
my
opinion
,
distinct
and
several
from
that
of
the
Crown-pleas
;
nor
though
one
and
the
same
man
might
execute
both
Authorities
,
doth
it
therefore
follow
that
it
was
by
one
and
the
same
power
;
as
if
being
Judge
,
he
had
thereby
power
in
all
matters
of
the
Common-pleas
,
and
also
of
the
Crown
.
For
though
it
be
true
that
Bracton
saith
,
Writ
of
Errour
,
as
in
case
of
false
Judgment
;
and
that
the
King
had
plures
curias
,
Assize
of
Novel
Disseisin
and
Mortdancester
shall
be
determined
in
the
proper
County
onely
,
The
Law
was
so
declared
in
Henry
the
second
's
time
,
and
was
questionless
put
in
practice
,
so
far
forth
as
with
convenience
to
the
Judges
might
be
;
but
now
the
convenience
of
the
people
is
preferred
,
and
they
must
not
be
brought
up
to
the
King's
Court
,
but
the
Justices
must
come
down
to
them
.
And
yet
in
case
of
difficulty
,
the
Bench
,
where
the
Common-pleas
are
holden
,
must
determine
the
matter
;
and
where
the
time
in
the
Iter
in
one
County
is
too
scant
,
the
Remanets
shall
be
adjourned
over
to
be
tryed
elsewhere
in
that
Circuit
:
inherently
holy
,
but
meerly
sequestred
by
the
Will
of
the
Clergie
.
The
Plaintiffs
also
in
Mortdancester
may
be
divers
,
Darrein
presentment
shall
be
taken
onely
in
the
common
Bank.
Tryals
in
the
common
Bank
,
or
other
Courts
at
Westminster
,
have
ever
had
an
honourable
esteem
above
those
in
the
County
by
Nisi
prius
,
although
all
be
equally
available
.
This
might
be
one
cause
why
the
Titles
of
Churches
were
still
retained
at
the
common
Bank
,
whenas
all
other
rode
Circuit
;
for
that
Churches
affairs
in
those
times
were
of
high
regard
.
Speed
of
Tryal
also
was
not
little
regarded
herein
;
for
Justices
by
Nisi
prius
properly
were
but
for
enquiry
,
till
the
Statute
at
Westm
,
the
second
made
them
of
Oyer
and
Terminer
in
the
cases
of
Quare
Impedit
,
Darrein
presentment
,
and
gave
them
power
to
give
Judgment
.
And
thus
the
Commons
gained
still
in
point
of
conveniency
.
Free-men
shall
be
amerced
according
to
the
degree
of
the
fault
,
In
this
,
regard
is
to
be
had
first
of
the
persons
that
are
to
be
amerced
,
then
of
the
parties
by
whom
,
and
lastly
,
of
the
nature
and
quantity
of
Amercements
.
The
persons
amerced
are
ranked
into
four
Classes
;
Barons
,
Clergie
,
Free-men
,
and
Villains
.
But
in
regard
of
the
parties
by
whom
they
are
to
be
amerced
,
they
are
but
two
;
Barons
,
and
Free-men
;
for
the
Clergie
,
Villains
,
and
Free-men
,
are
to
be
amerced
by
the
Free-men
of
the
Neighbourhood
.
In
what
Courts
these
Amercements
shall
be
,
the
Stat.
Marlbr
.
further
or
more
than
that
the
party
amerced
may
spare
,
and
yet
hold
on
in
the
maintenance
of
his
course
,
according
to
his
degree
.
And
it
must
be
also
according
to
the
quantity
of
the
offence
;
for
the
greatest
Amercements
must
not
be
ranked
with
the
least
offences
:
so
as
in
every
degree
the
main
sustenance
of
the
party
is
saved
;
yea
,
the
Villains
(
however
mean
they
be
)
they
must
have
their
maintenance
.
And
this
sheweth
that
Villains
had
a
maintenance
,
which
was
under
the
protection
of
the
Law
,
and
not
under
the
gripe
of
their
Lords
to
all
intents
,
unless
they
were
the
Kings
Villains
,
who
it
seemeth
were
meerly
under
the
Kings
mercy
,
as
being
both
their
Lord
and
King
,
against
whom
they
could
hold
nothing
as
properly
their
own
.
And
therefore
in
all
other
cases
,
even
then
the
Villains
were
born
under
a
kind
of
liberty
,
as
in
the
Saxons
time
formerly
hath
been
declared
;
which
the
Law
protected
against
their
own
Lords
.
No
man
shall
be
compelled
to
make
,
repair
,
or
maintain
any
Bridges
,
The
limitation
to
the
times
of
Henry
the
second
,
sheweth
that
his
Justice
was
such
as
maintained
the
common
rights
of
men
;
but
in
the
times
of
Richard
the
first
,
No
Sheriff
,
Escheators
are
also
expressed
in
the
old
books
of
Magna
Charta
,
and
the
Abridgements
,
however
it
seemeth
that
it
is
within
the
intent
of
the
Law
,
which
was
made
to
avoid
the
extraordinary
oppression
that
these
Officers
exercised
upon
the
people
.
For
Escheators
,
under
colour
of
inquiry
of
Estates
of
men
,
would
enquire
of
matters
concerning
the
lives
of
men
;
and
Sheriffs
that
had
power
of
Tryals
in
cases
of
Theft
,
If
the
Kings
Tenant
dieth
supposed
in
arrear
,
The
first
clause
hereof
was
a
Law
in
Henry
the
first
's
time
,
and
a
customary
Law
in
Henry
the
second
's
time
,
John
:
If
any
Free
man
die
intestate
,
his
Chattels
shall
be
divided
by
his
Parents
and
his
Friends
in
the
presence
of
the
Church
,
saving
to
every
one
their
proper
debts
.
And
thus
since
the
Conquest
,
the
Church-men
encroached
by
degrees
unto
a
great
power
in
matters
Testamentary
;
I
say
by
degrees
:
for
as
yet
by
this
Law
it
appeareth
,
that
they
were
but
Overseers
or
Eye-witnesses
;
for
as
yet
right
of
ordering
or
disposing
they
had
none
,
as
may
appear
in
that
case
of
a
Bastard
dying
without
Issue
and
intestate
,
reasonable
parts
;
according
to
the
ancient
Saxon
custom
still
continued
.
No
purveyance
for
any
Castle
out
of
the
same
Town
where
the
Castle
is
,
Purveyance
was
ancient
provision
for
the
necessities
of
the
publick
,
and
so
far
was
commendable
,
seeing
it
is
not
the
common
case
of
all
men
to
regard
the
publick
above
their
own
private
interest
;
therefore
the
publick
must
provide
for
it self
,
by
their
means
in
whom
the
publick
is
most
concerned
.
And
this
was
in
those
elder
times
,
but
in
two
cases
;
viz.
of
Kings
and
Castles
;
in
the
one
of
which
the
Government
is
principally
concerned
,
in
the
other
the
publick
defence
.
For
it
may
be
well
conjectured
,
that
Castles
were
either
first
made
in
places
commodious
for
habitation
,
and
great
Towns
gathered
to
them
for
their
better
safety
;
or
that
the
Towns
were
first
gathered
in
places
of
commodious
habitation
,
and
then
Castles
were
made
for
their
better
defence
.
Or
if
they
were
imposed
upon
them
by
the
Victor
to
keep
them
in
awe
,
they
were
nevertheless
by
continuance
together
become
tractable
,
and
conspired
for
the
mutual
defence
of
each
other
.
But
as
touching
such
Cittadels
or
Castles
that
were
set
in
solitary
places
,
they
may
seem
rather
first
intended
for
the
particular
defence
of
some
particular
Man
and
his
Family
,
and
neighbouring
Tenants
;
and
therefore
in
the
purveyance
for
Castles
,
it
seems
the
proper
Town
wherein
it
is
,
principally
liable
to
that
duty
,
because
their
safety
is
more
principally
interested
:
and
therefore
Prizes
there
taken
,
may
be
paid
at
a
day
to
come
;
but
in
all
other
places
immediately
.
Nevertheless
this
lasted
not
long
;
for
the
Souldiers
found
out
a
trick
of
favouring
their
own
Quarters
,
and
preserving
them
in
heart
against
a
back
Winter
,
knowing
that
at
such
times
it
is
better
to
seek
for
provision
nigh
,
than
to
be
compelled
to
seek
far
off
.
But
this
Stratagem
was
cut
off
by
the
next
King
,
who
inhibited
all
manner
of
purveyance
in
any
other
Town
,
That
it
should
be
Felony
for
any
Purveyor
to
purvey
without
Warrant
.
2.
That
none
but
the
Kings
Purveyor
must
purvey
for
the
Kings
house
,
and
that
he
must
purvey
onely
for
the
Kings
house
;
and
to
purvey
no
more
than
is
necessary
;
and
to
pay
for
the
things
they
take
.
And
because
Kings
were
oftentimes
necessitated
for
removal
from
place
to
place
,
purveyance
of
carriage
was
also
allowed
:
He
that
serveth
in
Castle-guard
,
By
the
ancient
custom
none
but
a
Knight
might
be
charged
with
the
guard
of
a
Castle
belonging
to
the
King
,
for
the
letter
of
this
Law
mentioneth
onely
such
;
and
therefore
to
hold
by
Castle-guard
,
is
a
Tenure
in
Knight-service
.
And
it
seemeth
that
Rent
for
Castle-guard
originally
was
consistent
with
Knight-service
,
and
that
it
was
not
annual
,
but
promiscuously
Knights
might
either
perform
the
service
,
or
pay
Rent
in
lieu
thereof
;
and
upon
occasion
did
neither
,
if
the
King
sent
them
into
the
field
.
And
lastly
,
that
a
Knight
might
either
do
the
service
in
his
own
person
,
or
by
his
Esquire
,
or
another
appointed
by
him
thereto
.
No
Knights
,
nor
Lords
,
nor
Church-mens
Carriages
,
nor
no
mans
Wood
shall
be
taken
against
the
Owners
consent
;
nor
shall
any
mans
Carriages
be
taken
,
Church-men
were
exempted
from
charge
to
the
Kings
Carriages
,
meerly
in
favour
to
the
Canon
,
which
exempted
the
Goods
of
the
Clergy
from
such
Lay-service
;
nevertheless
the
complaints
of
the
Clergie
formerly
mentioned
,
shew
that
this
was
not
duly
observed
.
Knights
and
Lords
were
discharged
not
onely
for
the
maintenance
of
their
Port
,
but
more
principally
because
they
were
publick
servants
for
the
defence
of
the
Kingdom
in
time
of
War
:
and
the
Kingdom
was
then
equally
served
by
themselves
and
their
equipage
,
and
their
carriages
,
as
a
necessary
assistant
thereunto
.
The
King
shall
have
no
more
profit
of
Felons
Lands
than
the
year
and
a
day
,
Anciently
the
Lords
had
all
the
Estate
of
Felons
,
being
their
Tenants
,
and
the
King
had
onely
a
Prerogative
to
waste
them
,
year
and
a
days
profit
,
to
save
the
Lands
from
spoil
:
and
in
continuance
of
time
the
King
had
both
the
year
and
day
,
and
waste
.
All
Wears
shall
be
destroyed
,
The
Lieutenant
of
the
Tower
of
London
,
as
it
seemed
,
claimed
a
Lordship
in
the
Thames
,
and
by
vertue
thereof
had
all
the
Wears
to
his
own
use
,
as
appeareth
by
a
Charter
made
to
the
City
of
London
,
recited
in
the
second
Institutes
upon
this
Law
;
and
this
was
to
the
detriment
of
the
Free-men
,
especially
of
the
City
of
London
,
in
regard
that
all
Free-men
were
to
have
right
of
free
passage
through
Rivers
,
as
well
as
through
Highways
;
and
purprestures
in
either
were
equally
noxious
to
the
common
liberty
.
And
therefore
that
which
is
set
down
under
the
example
or
instance
of
the
Rivers
of
Thames
and
Medway
,
contained
all
the
Rivers
in
England
;
albeit
that
other
parts
of
the
Kingdom
had
not
the
like
present
regard
as
the
City
of
London
had
.
The
Writ
of
precipe
in
capite
shall
not
be
granted
of
any
Freehold
,
It
seemeth
that
it
was
one
of
the
oppressions
in
those
times
,
that
if
a
Suit
were
commenced
in
the
inferiour
or
Lords
Court
,
concerning
a
Freehold
,
a
Writ
of
precipe
in
capite
might
be
had
,
upon
a
Surmise
that
the
Freehold
was
holden
in
capite
;
which
might
prove
an
absolute
destruction
to
the
inferiour
Court
,
and
was
the
spoil
of
the
Demandants
case
:
and
therefore
I
think
the
Charter
of
King
John
,
instead
of
the
word
Court
,
hath
the
word
Cause
.
There
shall
be
but
one
known
Weight
and
Measure
,
This
Law
of
Weights
and
Measures
was
anciently
established
amongst
the
Saxons
,
measure
of
the
breadth
of
Cloaths
,
although
it
might
seem
to
abridge
the
liberty
of
particular
persons
,
yet
because
it
was
prejudicial
to
the
common
Trade
of
the
Kingdom
,
it
was
setled
in
this
manner
to
avoid
deceit
,
and
to
establish
a
known
price
of
Cloaths
.
And
it
seemeth
that
Wine
was
ordinarily
made
in
England
as
well
as
Ale
;
otherwise
the
Measures
of
Wine
could
not
have
been
established
by
a
Law
in
England
,
if
they
had
been
altogether
made
in
other
Countries
.
Inquisition
of
Life
and
Member
shall
be
readily
granted
without
Fees.
This
was
a
Law
of
latter
original
,
made
to
take
away
a
Norman
oppression
;
for
by
the
Saxon
Law
,
as
hath
been
already
noted
,
No
man
was
imprisoned
for
Crime
(
not
bailable
)
beyond
the
next
County-court
or
Sheriff's
Torn
:
but
when
those
rural
Courts
began
to
lose
their
power
,
and
the
Kings
Courts
to
devour
Tryals
of
that
nature
,
especially
by
the
means
of
the
Justices
itinerant
,
which
were
but
rare
,
and
for
divers
years
many
times
intermitted
;
during
all
which
time
,
supposed
Offenders
must
lie
in
Prison
;
which
was
quite
contrary
to
the
liberty
of
the
Free
men
amongst
the
Saxons
:
This
occasioned
a
new
device
to
save
the
common
liberty
by
special
Writs
sued
out
by
the
party
imprisoned
or
under
bail
,
supposing
himself
circumvented
by
hatred
and
malice
;
and
by
the
same
directed
to
the
Sheriff
and
others
,
an
Inquisition
was
taken
,
and
Tryal
made
of
the
Offence
,
whether
he
deserved
loss
of
Life
or
Member
;
and
if
it
were
found
for
the
supposed
Offender
,
he
was
bailed
till
the
next
coming
of
the
Justices
:
and
for
this
the
Writ
was
called
the
Writ
of
inquisition
of
Life
or
Member
;
and
sometimes
the
Writ
de
odio
&
atia
.
But
these
Inquests
were
soon
become
degenerate
,
and
subject
to
much
corruption
,
and
therefore
as
soon
met
with
a
countercheck
from
the
Law
:
Or
first
rather
a
regulation
;
the
Inquest
should
be
chosen
upon
Oath
;
and
that
two
of
the
Inquest
at
least
should
be
Knights
,
and
those
not
interessed
in
the
Cause
.
Lords
shall
have
the
Wardships
of
their
Tenants
Heirs
,
Petit
Serjeanty
,
Socage
,
Burgage
,
or
Fee-farm
.
Inferiour
Lords
had
the
same
right
of
Wardships
with
the
King
for
their
Tenures
in
Knight-service
,
although
their
Tenants
did
hold
also
of
the
King
;
unless
they
held
of
him
in
Knight-service
,
which
was
a
service
done
by
the
Tenant's
own
person
,
or
by
the
person
of
his
Esquire
,
or
other
deputy
in
his
stead
.
But
as
touching
such
service
as
was
wont
to
be
done
to
him
by
render
,
or
serving
him
with
Arms
,
or
other
utensils
;
this
was
no
Knight-service
,
Petit
Serjeanty
,
as
in
the
Law-books
doth
appear
.
Nevertheless
Henry
the
Third
had
usurped
Wardships
in
such
cases
also
,
and
the
same
amongst
others
occasioned
the
Barons
Wars
.
No
Judge
shall
compel
a
Free-man
to
confess
matter
against
himself
upon
Oath
,
This
Law
in
the
Original
is
set
down
in
another
kind
of
phrase
in
the
first
part
thereof
,
which
is
obscure
by
reason
thereof
:
in
express
words
it
is
thus
;
No
Judge
shall
compel
any
man
ad
legem
manifestam
;
which
implieth
,
that
the
matter
was
otherwise
obscure
,
if
the
party
that
was
complained
of
,
or
suspected
,
did
not
manifest
the
same
by
his
own
declaring
of
the
truth
,
or
matter
enquired
after
;
and
therefore
they
used
in
such
cases
to
put
him
to
Oath
,
and
if
he
denied
the
matter
,
or
acquitted
himself
,
the
Judge
would
sometimes
discharge
him
,
or
otherwise
put
him
to
his
Compurgators
;
and
this
was
called
lex
manifesta
,
or
lex
apparens
.
And
it
was
a
trick
first
brought
in
by
the
Clergie
,
and
the
Temporal
Judges
imitated
them
therein
;
and
this
became
a
snare
and
sore
burthen
to
the
Subjects
.
To
avoid
which
,
they
complain
of
this
new
kind
of
Trial
;
and
for
remedy
of
this
usurpation
,
this
Law
reviveth
and
establisheth
the
onely
and
old
way
of
Trial
;
Et
inde
producit
sectam
suam
;
that
is
,
he
brings
his
sect
or
suit
,
such
as
do
follow
or
affirm
his
complaint
;
as
another
part
also
is
implied
in
those
words
,
Et
hoc
paratus
est
verificare
.
For
if
the
Plaintiffs
sect
or
suit
of
Witnesses
did
not
fully
prove
the
matter
in
fact
,
the
Defendant's
Averment
was
made
good
by
his
own
Oath
,
and
the
Oaths
of
Twelve
men
,
and
so
the
Trial
was
concluded
.
No
Free-man
shall
be
imprisoned
or
disseised
of
his
Freehold
or
Liberties
,
This
is
a
comprehensive
Law
,
and
made
up
of
many
Saxon
Laws
;
or
rather
an
enforcement
of
all
Laws
,
and
a
remedy
against
oppression
,
past
,
present
,
and
to
come
.
And
concerneth
first
the
person
,
then
his
livelihood
;
as
touching
the
person
,
his
life
,
and
his
liberty
;
his
life
shall
be
under
the
protection
of
the
Law
,
and
his
liberty
likewise
,
so
as
he
shall
be
shut
into
no
place
by
Imprisonment
,
nor
out
of
any
place
by
Banishment
;
but
shall
have
liberty
of
ingress
and
egress
.
His
Estate
both
real
and
personal
,
shall
also
be
under
the
protection
of
the
Law
;
and
the
Law
also
shall
be
free
,
neither
denied
nor
delayed
.
I
think
it
needless
to
shew
how
this
was
no
new
Law
,
but
a
confirmation
of
the
old
,
and
reparation
added
thereto
,
being
much
impaired
by
stormy
times
;
for
the
sum
of
all
the
foregoing
discourse
tendeth
thereto
.
Merchants
shall
have
free
and
safe
passage
,
That
this
was
an
ancient
Law
,
the
words
thereof
shew
,
besides
what
may
be
observed
out
of
the
Laws
of
Aetheldred
,
and
other
Saxon
Laws
.
So
as
it
appeareth
,
that
not
onely
the
English
Free-men
and
Natives
had
their
liberties
asserted
by
the
Law
,
but
also
Forreiners
,
if
Merchants
,
had
the
like
liberties
for
their
persons
and
goods
,
concerning
Trade
,
and
maintenance
of
the
same
;
and
were
hereby
enabled
to
enjoy
their
own
under
the
protection
of
the
Law
,
as
the
Free-men
had
.
And
unto
this
Law
the
Charter
of
King
John
added
this
ensuing
.
It
shall
be
lawful
for
every
Freeman
to
pass
freely
to
and
from
this
Kingdom
,
saving
Fealty
to
the
King
,
unless
in
time
of
War
;
and
then
also
for
a
short
space
,
as
may
be
for
the
common
good
,
excepting
Prisoners
,
Outlaws
,
and
those
Country-men
that
are
in
enmity
,
and
Merchants
,
who
shall
be
dealt
with
as
aforesaid
.
And
it
seemeth
that
this
Law
of
free
passage
out
of
the
Kingdom
,
was
not
anciently
fundamental
,
but
onely
grounded
upon
reason
of
State
,
although
the
Freemen
have
liberty
of
free
passage
within
the
Kingdom
according
to
that
original
Law
,
Sit
pax
publica
per
communes
vias
;
and
for
that
cause
,
as
I
suppose
,
it
was
wholly
omitted
in
the
Charter
of
Henry
the
Third
;
as
was
also
another
Law
concerning
the
Jews
,
which
because
it
left
an
influence
behind
it
,
(
after
the
Jews
were
extinct
in
this
Nation
)
and
which
continueth
even
unto
this
day
,
I
shall
insert
it
in
this
short
sum
:
After
death
of
the
Jew's
debtor
,
no
usury
shall
be
paid
during
the
minority
of
the
Heir
,
though
the
debt
shall
come
into
the
King's
hand
.
And
the
debt
shall
be
paid
,
saving
to
the
Wife
her
Dower
and
maintenance
for
the
Children
,
according
to
the
quantity
of
the
Debtors
Land
,
and
saving
the
Lord's
service
;
and
in
like
manner
of
debts
to
others
.
The
whole
doctrine
of
Vsury
fell
under
the
Title
of
Jews
;
for
it
seemeth
it
was
their
Trade
,
and
their
proper
Trade
hitherto
.
It
was
first
that
I
met
with
,
Mag.
Char.
Concil.
Brit.
299.
forbidden
at
a
Legatine
Council
nigh
300
years
before
the
Normans
times
:
but
by
the
Confessor's
Law
it
was
made
penal
to
Christians
,
to
the
forfeiture
of
Estate
,
and
Banishment
;
and
therefore
the
Jews
and
all
their
substance
were
holden
to
be
in
nature
of
the
King
Villains
,
as
touching
their
Estate
;
Tenants
Lands
,
In
all
alienations
of
Lands
,
Submitting
to
the
judgement
of
the
learned
,
Lord
Paramount
,
other
than
was
formerly
due
to
him
,
without
the
Lord's
consent
;
and
for
the
same
reason
could
they
not
alien
the
whole
Tenancy
,
to
bind
the
Lord
without
his
express
license
,
saving
the
opinion
in
the
book
of
Assizes
,
because
no
Tenant
could
be
enforced
upon
any
Lord
,
lest
he
might
be
his
Enemy
.
Nevertheless
,
it
seemeth
that
de
facto
Tenants
did
usually
alien
their
whole
Tenancy
;
and
although
they
could
not
thereby
bar
the
Lord's
right
,
yet
because
the
Lord
could
not
in
such
cases
have
the
distress
of
his
own
Tenant
,
this
Law
saved
so
much
from
alienation
as
might
serve
for
security
of
the
Lord's
distress
.
But
Tenants
were
not
thus
satisfied
;
the
Lords
would
not
part
with
their
Tenants
,
although
the
Tenants
necessity
was
never
so
urgent
upon
them
to
sell
their
Lands
;
and
therefore
at
length
they
prevailed
by
the
Statute
of
Quia
emptores
to
have
power
to
sell
all
,
The
35th
Chapter
I
have
formerly
mentioned
in
the
Chapter
concerning
the
Clergy
.
No
man
shall
be
appealed
by
a
Woman
for
the
death
of
any
but
her
own
Husband
.
The
right
of
Appeal
is
grounded
upon
the
greatest
interest
.
Now
because
the
Wives
interest
seemeth
wholly
to
be
swallowed
up
in
her
Husband
,
therefore
she
shall
have
an
Appeal
of
the
death
of
him
onely
;
and
such
also
was
the
Law
in
Glanvil's
time
.
How
far
this
point
of
interest
shall
extend
to
the
degrees
of
Consanguinity
,
the
Norman
Law
formerly
hath
shewn
.
And
against
whom
Appeals
did
lie
,
viz.
not
onely
against
the
principal
,
but
also
against
accessories
;
yet
not
against
them
till
the
principal
be
attainted
.
And
because
it
was
ordinary
for
men
of
nought
to
appeal
others
in
a
malicious
way
,
it
was
by
another
Law
established
,
The
County-Court
shall
be
holden
at
the
wonted
time
.
The
Torn
shall
be
holden
at
the
accustomed
place
twice
in
the
year
,
viz.
after
Easter
and
Michaelmas
.
The
view
of
Frank-pledges
shall
be
holden
at
Michaelmas
.
The
Sheriff
shall
not
extort
.
The
Sheriff's
Courts
had
now
lost
somewhat
of
their
Jurisdiction
,
though
for
time
and
place
they
are
confirmed
statu
quo
,
to
the
end
that
through
uncertainty
thereof
the
suiter
might
not
make
defaults
,
and
be
amerced
.
Yet
they
lost
much
of
their
respect
within
the
compass
of
these
few
years
by
two
Laws
;
viz.
That
the
Sheriff
should
not
allow
of
such
corrupt
Attorneys
;
Where
the
poor
oppress
the
poor
,
it
is
like
a
raging
rain
that
leaves
no
food
.
The
last
branch
in
this
Law
is
an
inhibition
to
the
Sheriff
from
extortion
;
and
surely
there
was
great
need
,
and
much
more
need
than
ever
,
now
that
the
Lords
and
Clergy
are
absent
.
It
was
thought
that
the
great
occasion
of
the
Sheriff's
oppression
was
from
above
;
I
mean
from
the
King
,
that
raised
the
values
of
the
Farm
of
Counties
granted
to
the
Sheriffs
;
The
37th
Chapter
hath
been
already
noted
in
the
Chapter
of
the
Clergie
Escuage
shall
be
taxed
as
was
wont
in
the
time
of
Henry
the
second
.
The
Charter
of
King
John
hath
superadded
hereunto
this
ensuing
provision
:
There
shall
be
no
Escuage
set
in
the
Kingdom
,
except
for
the
redeeming
of
the
King's
person
,
making
of
his
eldest
Son
a
Knight
,
and
on
marriage
of
his
eldest
Daughter
;
and
for
this
there
shall
be
onely
reasonable
aid
.
And
in
like
manner
shall
the
aids
of
the
City
of
London
be
set
.
And
for
the
assessing
of
Escuage
,
we
will
summon
the
Archbishops
,
Bishops
,
Abbots
,
Earls
,
and
greater
Barons
of
the
Kingdom
,
specially
by
our
several
Writs
;
and
will
cause
to
be
summoned
in
general
by
our
Sheriffs
and
Bailiffs
all
other
our
Tenants
in
capite
,
to
be
at
a
certain
day
after
Forty
days
at
the
least
,
and
at
a
certain
place
;
and
we
will
set
down
the
cause
in
all
our
Writs
.
And
the
matter
at
the
day
appointed
shall
proceed
according
to
the
counsel
of
those
that
shall
be
present
,
although
all
that
were
summoned
do
not
come
.
And
we
will
not
allow
any
man
to
take
aid
of
his
Freemen
,
unless
for
redemption
of
his
body
,
and
making
his
eldest
Son
a
Knight
,
and
on
marriage
for
his
eldest
Daughter
;
and
this
shall
be
a
reasonable
aid
onely
.
Thus
far
the
Charter
of
King
John
concerning
this
point
of
Tax
or
Assessment
;
being
accustomed
in
times
past
.
And
then
these
particulars
will
be
emergent
:
First
,
that
the
Aids
and
Escuage
in
Henry
the
First
's
time
,
were
assessed
by
the
same
way
with
that
in
this
Charter
of
King
John
;
No
Escuage
shall
be
demanded
,
or
granted
,
or
taken
,
but
for
redeeming
the
King's
person
,
Knighting
of
his
Son
,
or
Marriage
of
his
Daughter
.
Nor
is
the
way
of
assessing
in
these
times
different
,
saving
that
instead
of
all
the
Knights
,
two
onely
are
now
chosen
in
every
County
;
the
Tenure
(
as
it
seemeth
)
first
giving
the
Title
of
that
Order
,
and
both
Tenure
and
Order
now
changed
into
that
Title
taken
up
for
the
time
and
occasion
.
Fifthly
,
that
it
was
then
the
ancient
custom
,
and
so
used
in
the
time
of
Henry
the
First
,
that
the
advice
of
those
then
present
,
was
the
advice
of
the
whole
,
and
that
their
advice
passed
for
a
Law
without
contradiction
,
notwithstanding
the
King
's
Negative
voice
;
for
the
words
are
,
The
matter
at
that
day
shall
proceed
according
to
the
counsel
of
those
that
shall
be
present
,
although
all
do
not
come
;
and
therefore
that
clause
in
the
King's
Oath
,
quas
vulgus
eligerit
,
may
well
be
understood
in
the
future
,
and
not
in
the
preter
tense
.
Last
of
all
,
though
not
gathered
from
the
Text
of
this
Law
whereof
we
treat
,
yet
being
co-incident
with
the
matter
,
it
is
observable
,
that
though
the
Clergie
were
now
in
their
ruffle
,
and
felt
themselves
in
their
full
strength
,
yet
there
befel
a
posture
of
state
that
discovered
to
the
world
,
that
the
English
held
not
the
interest
of
the
Clergie
to
be
of
such
publick
concernment
,
or
necessary
concurrence
in
the
Government
of
the
Kingdom
,
as
was
pretended
.
that
in
lieu
of
the
King's
confirmation
of
the
Charter
of
Liberties
aforesaid
,
not
onely
the
Archbishops
,
Bishops
,
Abbots
,
Priors
,
Earls
,
Barons
,
and
Knights
,
but
also
the
Freemen
,
and
all
the
Kingdom
,
gave
a
fifteenth
of
all
their
moveables
.
And
thus
have
I
summed
up
and
compared
both
the
Copies
of
the
Grand
Charters
of
Englands
Liberties
,
(
saving
two
particulars
inserted
into
the
Forest-Laws
of
Henry
the
Third
)
wherein
if
any
thing
had
been
new
and
unreasonable
,
King
John
might
have
colour
to
except
against
them
as
extorted
by
force
;
Charter
of
Confirmation
;
and
had
Kings
been
patient
therewith
,
it
might
have
grown
no
bigger
:
but
by
opposition
it
rooted
deeper
,
and
grew
up
unto
the
stature
of
a
Statute
,
Having
thus
summed
up
the
Liberties
of
the
Subjects
and
Free-men
of
England
under
this
Charter
,
I
shall
make
some
Appendix
hereunto
,
by
annexing
a
few
additionals
in
these
times
established
;
and
although
they
come
not
within
the
letter
of
the
Grand
Charter
,
yet
are
they
subservient
thereunto
.
And
first
concerning
the
King
;
and
this
either
as
he
is
King
,
or
as
he
is
Lord
.
As
King
,
he
had
these
Prerogatives
above
all
Lords
.
The
King
shall
have
the
custody
of
Fools
and
Ideots
Lands
for
their
maintenance
,
And
concerning
Mad-men
and
Lunaticks
,
It
is
no
less
liberty
or
priviledge
of
the
People
,
that
Fools
and
Mad
persons
are
to
be
ordered
by
Tutors
,
than
Children
;
and
therefore
this
may
be
annexed
to
the
rest
of
the
Liberties
,
as
well
as
the
other
.
Nevertheless
,
it
seemeth
that
the
Laws
took
them
into
their
regard
,
in
respect
of
their
Estates
,
which
might
be
abused
to
the
prejudice
of
the
Publick
,
rather
than
out
of
any
respect
had
to
their
persons
.
Now
because
there
is
a
difference
between
the
disability
of
these
persons
,
the
one
being
perpetual
,
the
other
temporary
;
therefore
is
there
also
by
these
Laws
a
difference
in
the
disposal
of
their
Estates
:
for
the
Tutor
had
a
right
in
the
disposing
of
the
one
,
and
but
a
bare
authority
or
power
in
providing
for
the
other
.
Secondly
,
the
person
of
the
Tutor
is
to
be
considered
:
Anciently
it
was
the
next
kindred
,
grounded
,
as
I
conceive
,
upon
the
natural
affection
going
along
with
the
blood
;
and
this
so
continued
in
custom
until
these
times
:
for
though
the
Mirrour
of
Justice
saith
,
that
Henry
the
First
brought
in
that
course
of
giving
the
custody
of
these
disabled
persons
to
the
King
,
as
hath
been
formerly
observed
;
yet
Bracton
,
that
wrote
long
after
the
time
of
Henry
the
First
,
Talibus
de
necessitate
dandus
est
tutor
vel
curator
;
not
so
much
as
mentioning
the
King
in
the
case
.
some
are
under
the
custody
of
their
Lords
,
and
others
under
their
Parents
and
friends
.
But
let
the
time
of
the
entrance
of
this
Law
be
never
so
uncertain
,
it
is
now
a
declared
Law
,
that
the
King
in
such
cases
is
the
common
Curator
or
Tutor
of
all
such
persons
,
as
he
is
a
Chief
Justice
,
rendring
to
every
one
his
right
.
The
King
shall
have
the
Wrecks
of
the
Sea
.
What
shall
be
called
a
Wreck
,
viz.
Where
the
Ship
so
perisheth
,
that
nothing
therein
escapeth
alive
;
and
these
are
rather
in
their
original
committed
to
the
King
as
a
Curator
,
than
given
him
as
a
Proprietor
;
although
that
Custom
hath
since
setled
a
kind
of
right
,
which
may
perhaps
be
accounted
rather
a
Title
by
Estoppel
.
For
the
fundamental
ground
is
,
that
the
right
owner
cannot
be
manifested
,
and
therefore
the
King
shall
hold
it
;
and
if
the
right
owner
can
be
manifested
,
the
King
shall
hold
it
till
the
owner
doth
appear
.
The
Heir
in
Socage-tenure
shall
have
an
Action
of
Waste
,
The
Heir
in
Socage
being
under
age
,
Guardian
in
Socage
remaineth
accomptant
to
the
Heir
,
for
all
profits
both
of
Land
and
Marriage
.
The
full
age
of
Tenant
in
Socage
,
is
such
age
wherein
he
is
able
to
do
that
service
,
which
is
Fourteen
years
;
for
at
such
age
he
may
be
able
by
common
repute
to
aid
in
Tillage
of
the
ground
,
which
is
his
proper
service
.
But
the
Son
of
a
Burgess
hath
no
set
time
of
full
Age
,
but
at
such
time
as
he
can
tell
Money
,
and
measure
Cloath
,
and
such
work
as
concerns
that
calling
.
Widows
deforced
of
their
Dower
of
Quarentine
,
They
shall
also
have
power
to
devise
their
crop
arising
from
her
Dower
.
It
was
used
that
the
Heir
should
have
the
crop
with
the
Land
;
but
this
Statute
altered
that
former
usage
,
and
yet
saved
the
Lord's
liberty
to
distrain
if
any
services
were
due
.
Writs
de
consimili
casu
granted
in
cases
that
fall
under
the
same
Law
,
It
was
none
of
the
meanest
Liberties
of
the
Freemen
of
England
,
that
no
Writs
did
issue
forth
against
them
,
but
such
as
were
anciently
in
use
,
and
agreed
upon
in
Parliament
.
And
it
was
no
less
a
grievance
and
just
cause
of
complaint
,
that
Kings
used
to
send
Writs
of
new
impression
to
execute
the
dictates
of
their
own
wills
,
and
not
of
the
Laws
of
the
Kingdom
;
as
the
complaints
of
the
Clergy
in
the
times
of
Henry
the
Third
do
witness
.
Aid
to
make
the
Son
of
the
Lord
a
Knight
,
The
uncertainties
of
Aids
are
by
this
Law
reduced
and
setled
,
as
touching
the
sum
;
and
thereby
delivered
the
people
from
much
oppression
which
they
suffered
formerly
.
Nor
was
onely
the
particular
sum
hereby
,
but
also
the
age
of
the
Son
when
he
was
to
be
made
a
Knight
,
viz.
at
the
age
of
Fifteen
years
;
too
soon
for
him
to
perform
Knight-service
,
but
not
too
soon
for
the
Lord
to
get
his
money
.
And
the
Daughter
likewise
was
allowed
to
be
fit
for
Marriage
at
Seven
years
of
age
,
or
at
least
to
give
her
consent
thereto
,
albeit
that
in
truth
she
was
neither
fit
for
the
one
or
other
:
and
therefore
it
must
be
the
Lords
gain
that
made
the
Law
;
and
it
was
not
amiss
to
have
the
aid
beforehand
,
though
the
marriage
succeeded
not
for
many
years
after
;
and
if
the
Lord
died
in
the
interim
,
the
Executors
having
Assets
paid
it
,
or
otherwise
his
Heir
.
CHAP.
LXVIII
.
Of
Courts
and
their
Proceedings
.
BEsides
the
Courts
of
Justices
itinerant
,
which
were
ancient
,
as
hath
been
said
,
other
Courts
have
been
raised
of
later
birth
,
albeit
even
they
also
have
been
of
ancient
constitutions
,
and
divers
of
them
itinerant
also
,
and
some
of
them
setled
in
one
place
.
The
work
of
the
Justices
itinerant
was
universal
,
comprehending
both
the
matters
of
the
Crown
and
Common-pleas
.
That
of
Oyer
and
Terminer
is
onely
of
Crown-pleas
originally
commenced
,
and
enquired
of
by
themselves
,
and
granted
forth
upon
emergent
crimes
of
important
consequence
that
require
speedy
regard
and
reformation
.
Justices
of
Gaol-delivery
have
a
more
large
work
,
that
is
,
to
deliver
the
Gaols
of
all
criminal
offenders
formerly
indicted
,
or
before
themselves
.
Justices
of
Assize
and
Nisi
prius
are
to
have
cognizance
of
Common-pleas
onely
,
and
for
the
most
part
are
but
for
enquiry
.
All
which
,
saving
the
Justices
itinerant
in
ancient
use
,
were
instituted
about
these
times
;
and
therewith
ended
both
the
work
and
common
use
of
the
ancient
iters
;
and
yet
all
these
later
Courts
,
joyntly
considered
,
have
not
the
like
comprehensive
power
that
the
iters
had
,
for
they
had
the
power
of
hearing
and
determining
all
causes
,
both
of
the
Crown
and
Common-pleas
,
albeit
in
a
different
manner
:
That
is
to
say
,
in
the
first
times
,
promiscuously
united
into
one
and
the
same
person
;
but
soon
after
the
Norman
times
,
and
more
clearly
in
the
time
of
Henry
the
Second
,
that
power
was
divided
into
several
persons
,
some
sitting
upon
the
Common-pleas
,
others
upon
the
Crown-pleas
.
The
Judges
of
these
journeying
Courts
were
specially
assigned
by
the
King
,
as
in
the
case
of
the
Gaol-delivery
;
or
setled
by
the
Law
upon
the
Judges
of
both
Benches
at
Westminister
,
as
in
case
of
Oyer
and
Terminer
,
Now
concerning
the
Courts
that
were
setled
:
some
were
setled
or
annexed
to
the
King
's
personal
residence
,
as
the
Chancellor's
Court
;
for
in
these
times
it
began
to
have
a
judiciary
power
of
eminent
stature
,
and
growing
out
of
the
decays
of
the
great
chief
Justice
of
England
.
Then
also
the
Kings-Bench
was
annexed
by
the
same
Law
unto
the
Kings
Court
or
personal
residence
,
Marshals
Court
,
which
in
the
original
onely
concerned
the
Kings
houshold
,
but
afterwards
compassed
in
a
distance
of
the
neighbouring
places
,
vi
&
armis
,
where
one
of
them
was
of
the
Houshold
,
were
handled
in
the
Court
of
the
Verge
,
or
the
Marshals
Court.
And
Inquests
of
death
within
the
same
,
shall
be
taken
by
the
Coroner
of
the
County
with
the
Coroner
of
the
Houshold
.
Other
Courts
were
rural
,
and
affixed
also
to
some
certain
place
,
either
of
the
County
or
Town
,
or
other
particular
place
.
That
of
the
County
suffered
in
these
times
great
diminution
,
viz.
That
no
person
should
be
sued
in
any
of
them
,
which
was
not
a
debter
or
pledge
there
.
CHAP.
LXIX
.
Of
Coroners
,
Sheriffs
,
and
Crown-pleas
.
COroners
shall
be
chosen
in
the
County
,
Of
these
Officers
formerly
hath
been
spoken
,
as
touching
their
election
,
qualification
,
and
work
:
this
Law
brought
in
no
change
of
any
former
Law
,
but
onely
of
a
former
Custom
gained
by
these
degenerating
times
,
which
brought
men
into
place
that
were
far
unfit
,
who
otherwise
of
poor
and
mean
condition
maintained
themselves
by
bribery
and
extortion
,
and
being
found
guilty
had
not
sufficient
to
give
recompence
.
This
Law
therefore
revives
the
first
Law
,
and
holds
these
men
to
their
work
of
taking
Inquests
and
Appeals
,
by
Indenture
between
themselves
and
the
Sheriff
;
and
these
were
to
be
certified
at
the
next
coming
of
the
Justices
.
The
Free-holders
in
every
County
,
This
was
indeed
the
ancient
custom
:
as
the
Officers
of
the
Kingdom
were
elegible
by
the
Common-council
of
the
Kingdom
,
That
the
Sheriffs
shall
be
appointed
by
the
Chancellor
,
Treasurer
,
Barons
of
the
Exchequer
,
and
the
Justices
.
Which
Law
was
made
in
favour
of
the
people
,
as
by
the
file
of
that
Statute
doth
more
fully
appear
:
for
though
at
the
first
blush
it
may
seem
a
priviledge
lost
by
the
Freemen
,
that
these
great
men
should
have
the
election
of
the
Sheriff
;
yet
it
proved
a
great
advantage
to
the
common
quiet
of
the
people
in
those
times
of
parties
,
and
was
so
apprehended
:
Otherwise
as
the
case
stood
in
those
days
of
Edward
the
Second
,
it
was
no
time
for
him
to
gain
upon
the
peoples
Liberties
.
Nor
had
the
Statute
of
Articuli
super
cartas
,
whereof
we
how
treat
,
been
penned
with
these
words
,
if
they
will
.
And
questionless
in
these
days
we
now
live
in
,
if
the
people
had
but
a
little
taste
of
this
seeming
liberty
of
electing
Sheriffs
in
the
County-court
,
as
formerly
it
was
used
,
it
would
be
soon
perceived
that
the
election
of
these
chief
Officers
were
better
disposed
in
some
other
hand
,
if
rightly
pursued
.
Homicide
by
misfortune
shall
not
be
adjudged
murder
.
That
the
Saxons
made
difference
between
Homicide
by
misfortune
,
and
that
which
was
done
felleo
animo
,
or
with
a
spirit
of
gall
,
formerly
hath
been
shewed
:
now
what
it
was
that
altered
the
case
,
I
cannot
say
,
unless
the
violence
,
cruelty
,
and
oppression
of
the
times
.
Formerly
all
kind
of
Manslaughter
was
finable
,
I
mean
in
the
Norman
times
,
and
so
might
more
rationally
be
ranked
into
one
degree
;
but
now
the
punishment
began
to
change
from
forfeiture
of
Estate
and
loss
of
Member
,
to
death
and
forfeiture
of
Estate
;
and
therefore
it
was
more
necessary
to
make
the
difference
in
the
penalty
(
seeing
in
the
fine
formerly
a
difference
was
observed
)
and
this
difference
to
assert
by
a
Law
,
that
might
limit
the
invenomed
spirits
of
the
Judges
of
those
days
.
Robbery
punished
by
death
.
This
crime
hitherto
was
punished
by
fine
and
loss
of
member
,
at
the
utmost
,
but
is
now
made
capital
,
and
punished
with
death
.
One
example
whereof
,
and
the
first
that
Story
maketh
mention
of
,
we
find
of
an
Irish
Nobleman
in
the
days
of
Henry
the
Third
,
who
suffered
death
for
piracy
;
and
it
was
a
Law
that
then
,
though
rigorous
,
yet
seasonably
was
contrived
,
to
retard
the
beginnings
,
and
hasten
the
conclusion
of
a
Civil
War
in
a
Nation
who
value
their
Estates
and
Liberties
above
their
own
lives
.
Rape
,
Before
this
Law
,
this
crime
was
but
finable
,
unless
the
fact
was
committed
upon
a
Virgin
,
for
then
the
member
was
lost
.
And
this
was
the
Saxons
Law
;
but
the
Normans
inflicted
the
loss
of
the
member
upon
all
Delinquents
in
any
Rape
.
Nor
was
this
made
Felony
by
any
Law
or
Custom
that
I
can
finde
,
till
about
these
days
.
It
is
true
,
that
Canutus
punished
it
capitis
aestimatione
,
by
way
of
compensation
;
which
rather
gives
a
rule
of
damages
to
the
party
wronged
,
than
importeth
a
punishment
inflicted
for
an
offence
done
against
the
Crown
,
as
if
it
were
thereby
made
capital
.
But
for
the
more
certainty
of
the
penalty
,
another
Law
provideth
,
that
if
the
Rape
be
committed
without
the
Womans
consent
subsequent
,
Appeal
of
Rape
.
And
though
a
consent
be
subsequent
,
yet
the
Delinquent
upon
indictment
found
shall
suffer
death
,
as
in
the
case
of
Appeal
.
But
if
a
Wife
be
carried
away
with
the
goods
of
her
Husband
,
besides
Action
of
the
party
,
the
King
shall
have
a
fine
.
If
the
Wife
elopeth
,
she
shall
lose
her
Dower
,
if
she
be
not
reconciled
before
her
Husband's
death
.
All
which
now-recited
Provisoes
are
comprehended
together
in
one
Chapter
,
and
yet
the
Chapter
is
partee
per
fess
,
French
and
Latine
.
So
far
thereof
as
concerneth
death
,
was
written
in
French
,
being
the
most
known
Language
to
the
great
men
in
general
,
many
of
whom
were
French
,
by
reason
of
the
interest
that
Henry
the
Third
had
with
France
in
his
late
Wars
against
the
Barons
.
It
was
therefore
published
by
way
of
Caveat
,
that
no
person
that
understood
French
might
plead
ignorance
of
the
Law
that
concerned
their
lives
.
The
residue
of
that
Chapter
was
written
in
Latine
,
as
all
the
other
Laws
of
that
Parliament
were
,
upon
grounds
formerly
in
this
discourse
noted
.
One
Proviso
more
remaineth
,
which
is
also
comprehended
in
the
same
Chapter
with
the
former
,
viz.
Any
person
that
shall
carry
away
a
Nun
from
her
house
,
shall
suffer
imprisonment
for
three
years
,
and
render
damages
to
the
house
.
This
crime
was
formerly
onely
inwombed
in
the
Canon-Law
,
and
now
born
and
brought
forth
into
the
condition
of
a
Statute-Law
,
rather
to
vindicate
the
right
of
the
Freemen
,
Osborn
Gifford
;
nor
could
he
get
absolution
but
upon
his
Penance
.
First
he
was
disciplin'd
with
rods
three
times
;
once
in
the
open
Church
at
Wilton
,
then
in
the
Market-place
at
Shaftsbury
,
and
lastly
in
the
publick
Church
there
:
Then
he
must
fast
divers
moneths
.
Lastly
,
he
must
be
disrobed
of
all
Military
habiliments
,
viz.
Guilt
Spurs
,
Sword
,
Saddle
,
golden
Trappings
,
and
to
use
no
brave
garments
but
russet
,
with
Lamb
and
Sheep-skins
;
to
use
no
Shirit
,
nor
take
up
his
Order
again
,
until
he
had
spent
three
years
Pilgrimage
in
the
Holy
Land
:
and
unto
this
Penance
the
Knight
by
Oath
bound
himself
.
A
strange
power
!
and
to
repress
which
,
it
was
time
for
the
people
to
look
about
them
,
and
rather
to
punish
Delinquents
themselves
,
than
to
leave
it
to
the
will
of
such
men
as
never
had
enough
.
Concealment
,
Concealment
of
Felons
.
West
.
1.
c.
9.
or
neglect
of
apprehending
of
Felons
,
punished
by
Fine
and
Imprisonment
.
In
those
ancient
times
,
pursuits
of
Felons
with
Hue
and
Cry
were
made
by
Lords
of
Manors
,
Bailiffs
of
Liberties
,
Sheriffs
,
and
Coroners
;
whereas
now
they
are
made
by
Constables
.
See
more
in
the
Chapter
of
Peace
.
Persons
defamed
for
Felony
,
It
hath
been
accounted
an
extream
construction
of
this
Law
,
and
questionless
so
it
is
,
that
this
Law
should
warrant
that
punishment
of
pressing
to
death
,
which
hath
been
of
later
times
more
constantly
used
than
former
times
ever
knew
of
:
for
though
it
be
granted
that
some
trick
of
torture
was
sometimes
used
,
even
before
the
Normans
times
,
and
so
might
now
and
then
leave
some
few
examples
after
the
Norman
times
;
yet
did
the
Law
never
patronize
such
courses
,
stand
mute
,
he
was
put
to
this
kind
of
Imprisonment
;
for
the
discovering
Law
was
by
Henry
the
Third
taken
away
.
But
if
the
Delinquent
was
positively
accused
of
a
Felony
,
and
thereupon
indicted
by
a
witness
of
the
Fact
,
and
then
if
the
Delinquent
would
not
submit
to
his
Trial
by
Law
,
in
such
case
the
final
Judgement
was
to
die
,
Onere
,
fame
,
&c.
because
in
the
one
was
a
Fact
affirmed
against
him
by
a
Witness
,
and
in
the
other
onely
a
Fame
or
suspicion
,
which
is
not
pregnant
against
the
life
of
a
man
.
But
this
manner
of
Indictment
being
now
laid
aside
,
and
all
proceedings
being
upon
a
Fact
affirmed
against
the
party
,
I
conceive
this
Law
of
no
use
at
all
in
these
days
.
Bail
shall
not
be
allowed
to
Outlaws
fore-jured
,
The
six
first
are
in
nature
of
persons
attainted
either
upon
their
own
confession
,
or
such
manifest
Evidence
as
in
common
reason
cannot
be
gainsaid
;
all
which
were
before
this
Law
under
bail
;
yea
the
last
of
all
,
although
the
most
heinous
of
all
,
breakers
of
Prison
,
in
these
times
it
was
Felony
,
for
what
cause
soever
they
were
committed
;
and
therefore
their
imprisonment
was
without
bail
:
for
whoso
makes
no
Conscience
of
breaking
the
Prison
,
his
credit
will
little
avail
.
Yet
it
must
be
acknowledged
,
that
the
Law
imprisoned
few
without
bail
in
those
foregoing
times
,
but
in
case
of
Felony
or
Execution
:
but
afterward
the
cases
of
commitment
being
ordinary
,
even
in
matters
of
mean
process
,
and
because
mens
credits
waxing
weak
by
the
weakness
of
their
Estates
,
now
wasted
by
the
Civil
Wars
;
therefore
in
Edward
the
Second's
time
a
Law
was
made
to
restrain
the
Felony
in
such
cases
,
onely
to
the
breach
of
Prison
by
such
as
were
committed
for
Felony
.
And
as
touching
Imprisonment
upon
Excommunication
,
it
is
manifest
,
that
within
five
years
before
the
making
of
this
Law
,
Publishers
of
false
News
,
It
is
therefore
an
offence
against
the
Crown
,
to
procure
or
maintain
an
ill
conceit
in
the
King
of
the
people
,
or
an
ill
conceit
in
the
people
of
the
King
;
and
it
is
as
well
an
offence
against
the
Crown
for
the
King
to
conceive
ill
of
his
people
,
as
for
them
of
him
.
But
all
must
be
grounded
upon
falshood
;
for
truth
respects
no
man's
person
;
and
all
men
are
equally
bound
by
the
woe
,
if
they
call
good
evil
,
or
evil
good
;
although
difference
must
be
made
in
the
manner
of
representation
.
And
upon
this
ground
of
maintaining
strife
,
Redisseisors
and
postdisseisors
found
upon
verdict
before
the
Sheriff
,
Formerly
Redisseisin
was
under
no
other
Law
than
that
of
Desseisin
,
but
by
this
Law
made
a
matter
belonging
to
the
Crown
,
and
tried
before
the
same
Judges
that
had
the
power
of
enquiry
of
all
offences
against
the
Crown
.
Trespassers
in
Parks
and
Fish-ponds
convicted
within
a
year
and
a
day
,
From
the
times
of
King
Steven
,
the
Lords
and
great
men
endeavoured
to
advance
their
power
and
greatness
so
high
above
the
meaner
sort
of
Free
men
,
as
they
made
Kings
continually
jealous
of
their
power
.
Castles
had
been
a
bone
of
long
contention
between
them
,
but
they
being
for
the
most
part
taken
away
,
the
strife
was
about
Prisons
,
and
power
to
imprison
offenders
;
and
that
also
after
much
opposition
they
laid
aside
.
Yet
the
violence
of
these
times
being
such
,
as
(
though
Felonies
were
somewhat
dreaded
)
Trepasses
of
the
highest
nature
were
little
regarded
,
such
as
were
riotous
hunting
in
their
Parks
,
and
fishing
in
their
Waters
;
The
Lords
and
great
men
made
it
their
last
request
,
that
at
least
in
such
cases
they
might
have
power
to
imprison
such
as
they
found
so
trespassing
;
but
this
was
also
denied
them
,
Free
mens
liberty
.
Nevertheless
,
these
great
men
give
not
thus
over
their
game
:
for
though
in
times
of
publick
calamities
,
little
place
is
left
for
pleasure
to
any
man
;
yet
when
times
are
grown
to
more
quiet
,
pleasure
revives
,
and
the
great
men
renew
their
motion
:
and
though
they
could
not
obtain
prisons
to
their
own
use
,
as
they
endeavoured
at
the
meeting
at
Merton
;
yet
now
they
obtain
the
Kings
prisons
to
the
use
of
a
Law
that
was
as
good
as
their
own
,
and
thereby
satisfied
their
own
displeasure
for
the
loss
of
their
pleasure
.
And
yet
this
Law
sufficed
them
not
,
but
they
obtain
a
further
priviledge
,
CHAP.
LXX
.
Of
the
Militia
during
these
Kings
Reigns
.
THe
Souldiery
of
England
may
be
considered
,
First
,
in
regard
of
the
Persons
.
Secondly
,
their
Arms.
Thirdly
,
their
Service
.
The
persons
were
as
formerly
,
not
onely
such
as
were
milites
,
or
Tenants
in
Knight-service
,
but
also
such
as
served
at
the
Plough
;
and
concerning
them
both
,
it
is
to
be
considered
what
the
Law
made
by
Edw.
the
2
d.
holdeth
forth
.
All
such
as
ought
to
be
Knights
and
are
not
,
shall
be
distrained
to
undertake
the
weapons
of
Knighthood
,
if
they
shew
not
cause
to
the
contrary
.
Regularly
all
Tenants
by
Knight-service
ought
to
be
Knights
,
but
de
facto
were
not
;
so
as
in
these
times
there
was
a
further
work
to
make
a
man
a
Knight
than
his
bare
Tenure
;
for
such
onely
were
milites
facti
,
who
had
both
Lands
sufficient
to
maintain
the
Arms
and
state
of
a
Knight
,
and
also
a
body
fit
to
undertake
the
service
in
his
own
person
,
and
whereof
he
had
given
sufficient
proof
the
field
.
Others
that
had
Land
,
either
had
not
sufficient
maintenance
,
or
not
habiliments
of
person
,
and
as
not
expected
were
laid
aside
;
of
this
sort
were
many
,
by
reason
of
the
late
Civil
Wars
,
in
which
they
had
much
impaired
both
their
bodies
and
Estates
.
This
rendred
the
strength
of
the
Kingdom
and
Militia
so
much
decayed
,
and
the
minds
of
men
so
wearied
,
that
they
began
to
love
ease
before
the
times
would
brook
it
,
and
a
cessation
from
Arms
before
they
had
any
mind
to
peace
.
The
Parliament
espyed
the
danger
,
and
how
necessary
it
was
for
the
people
to
be
well
armed
in
these
times
of
general
broil
;
and
upon
that
ground
allowed
this
Law
to
pass
;
That
all
such
as
had
Lands
worth
20
l.
yearly
besides
Reprizals
,
should
be
ready
(
not
to
be
Knights
,
nor
,
under
the
favour
of
others
,
is
there
any
ancient
precedent
to
warrant
it
,
but
)
to
find
,
or
to
enter
into
the
field
with
the
Arms
of
a
Knight
,
or
to
provide
some
able
person
to
serve
in
their
stead
,
unless
they
were
under
21
years
of
age
,
and
so
not
grown
up
to
full
strength
of
body
;
nor
their
Lands
in
their
own
possession
,
but
in
custody
of
their
Lords
or
Guardians
.
Nevertheless
,
of
such
as
were
grown
to
full
age
,
yet
were
maimed
,
impotent
,
or
of
mean
estate
,
and
Tenants
by
service
of
a
Knight
,
it
was
had
into
a
way
of
moderation
,
and
ordered
that
such
should
pay
a
reasonable
fine
for
respit
of
such
service
;
nor
further
as
concerning
〈◊〉
persons
were
they
bound
.
But
as
touching
such
that
were
under
present
onely
,
and
not
perpetual
disabilities
of
body
upon
them
incumbent
,
as
often
as
occasion
called
,
they
served
by
their
deputies
or
servants
:
all
which
was
grounded
not
onely
upon
the
Law
of
Henry
the
Second
,
but
also
upon
common
right
of
Tenure
.
The
Arms
that
these
men
were
to
finde
,
are
said
to
be
those
belonging
to
a
Knight
;
which
were
partly
for
defence
,
and
partly
for
offence
.
Of
the
first
sort
were
the
Shield
,
the
Helmet
,
the
Hauberk
,
or
Breast-plate
,
or
Coat
of
Mail
;
of
the
second
sort
were
the
Sword
and
Lance
:
and
unto
all
a
Horse
must
be
provided
.
These
Arms
,
especially
the
defensive
,
have
been
formerly
under
alteration
;
for
the
Breast-plate
could
not
be
worn
with
the
Coat
of
Mail
,
and
therefore
must
be
used
as
occasion
was
provided
of
either
:
and
for
this
cause
the
service
of
a
Knight
is
called
by
several
names
;
sometimes
from
the
Horse
,
sometimes
from
the
Lance
,
sometimes
from
the
Helmet
,
and
not
seldom
from
the
Coat
of
Mail.
The
power
of
immediate
command
,
or
calling
forth
the
Knights
to
their
service
,
in
its
own
nature
was
but
ministerial
,
and
subservient
to
that
power
that
ordered
War
to
be
levied
:
and
therefore
,
as
in
the
first
Saxon
Government
under
their
Princes
in
Germany
,
so
after
,
One
point
of
liberty
these
Souldiers
by
Tenure
had
,
which
made
their
service
not
altogether
servile
;
and
that
was
,
that
their
service
in
the
Field
was
neither
indefinite
,
nor
infinite
,
but
circumscribed
by
place
,
time
,
and
end
.
The
time
of
their
service
for
the
continuance
of
it
was
for
a
set
time
,
if
it
were
at
their
own
charges
:
and
although
some
had
a
shorter
time
,
yet
the
general
sort
were
restained
to
forty
days
.
For
the
Courage
of
those
times
consisted
not
in
wearying
and
wasting
the
Souldier
in
the
Field
by
delays
,
and
long
work
in
wheeling
about
and
retiring
,
but
in
playing
their
prizes
like
two
Combatants
of
resolution
to
get
Victory
by
Valour
,
or
to
die
.
If
upon
extraordinary
occasions
the
War
continued
longer
,
then
the
Tenant
served
upon
the
pay
of
the
common
Purse
.
The
end
of
the
service
of
the
Tenant
(
viz.
their
Lord's
defence
in
the
defence
of
the
Kingdom
)
stinted
their
work
within
certain
bounds
of
place
,
beyond
which
they
were
not
to
be
drawn
,
unless
of
their
own
accord
:
And
these
were
the
borders
of
the
Dominion
of
the
Crown
of
England
,
which
in
those
days
extended
into
Scotland
on
the
North
,
and
into
a
great
part
of
France
on
the
South
.
And
therefore
the
Earl-Marshal
of
England
(
being
by
Edward
the
first
commanded
by
vertue
of
his
Tenure
to
attend
in
person
upon
the
Standart
under
his
Lieutenant
that
then
was
to
be
sent
into
Flanders
,
which
was
no
part
of
the
Dominion
of
England
)
refused
;
and
notwithstanding
the
King's
threats
to
hang
him
,
yet
he
persisted
,
saying
,
He
would
neither
go
nor
hang.
Not
onely
because
the
Tenants
by
Knight-service
are
bound
to
the
defence
of
their
Lord's
persons
,
and
not
of
their
Lieutenants
;
but
principally
because
they
are
to
serve
for
the
safety
and
defence
of
the
Kingdom
:
and
therefore
ought
not
to
be
drawn
into
foreign
Countries
.
Nor
did
the
Earl-Marshal
onely
this
,
but
many
others
also
,
both
Knights
and
Knights
fellows
,
having
twenty
pounds
per
Annum
;
for
all
these
with
their
Arms
were
summoned
to
serve
under
the
King's
pay
in
Flanders
.
No
Tenant
in
ancient
Demesnes
,
Clerks
and
Tenants
in
Socage
of
other
Mannors
than
of
the
King
,
shall
be
used
as
they
have
been
formerly
.
Tenants
in
ancient
Demesne
,
and
Tenants
in
Burgage
,
are
absolutely
acquitted
from
foreign
service
;
the
one
,
because
they
are
in
nature
of
the
King's
Husbandmen
,
and
served
him
and
his
Family
with
Victual
;
the
other
,
because
by
their
Tenure
they
were
bound
to
the
defence
of
their
Burrough
,
which
in
account
is
a
Limb
or
Member
of
the
Kingdom
,
and
so
in
nature
of
a
Castle
guard
.
Now
as
touching
Clerks
and
Tenants
in
Socage
holding
of
a
Subject
,
they
are
left
to
the
order
of
ancient
use
appearing
upon
Record
.
As
concerning
the
Clergy
,
it
is
evident
by
what
hath
been
formerly
noted
,
that
though
they
were
importunate
to
be
discharged
of
the
service
Military
,
in
regard
that
their
profession
was
for
Peace
,
and
not
for
Bloud
;
yet
could
they
never
obtain
their
desire
:
for
though
their
persons
might
challenge
exemption
from
that
work
,
yet
their
Lands
were
bound
to
find
Arms
by
their
Deputies
;
for
otherwise
it
had
been
unreasonable
,
that
so
great
a
part
of
the
Kingdom
as
the
Clergie
then
had
,
should
sit
still
and
look
on
,
whilst
by
the
Law
of
Nature
every
one
is
engaged
in
his
own
defence
.
Nor
yet
did
the
profession
of
these
men
to
be
men
for
Peace
,
hold
always
uniform
:
some
kind
of
Wars
then
were
holden
sacred
,
and
wherein
they
not
onely
adventured
their
Estates
,
but
even
their
own
Persons
;
and
these
not
onely
in
a
defensive
way
,
but
by
way
of
invasion
,
and
many
times
where
no
need
was
for
them
to
appear
.
Tenants
in
Socage
also
,
in
regard
of
their
service
,
might
plead
exemption
from
the
Wars
:
for
if
not
the
Plough
must
stand
still
,
and
the
Land
thereby
become
poor
and
lean
.
Nevertheless
,
a
general
service
or
defence
of
the
Kingdom
is
imposed
upon
all
;
and
Husbandmen
must
be
Souldiers
,
when
the
debate
is
,
who
shall
have
the
Land
.
In
such
cases
therefore
they
are
evocati
ad
arma
,
to
maintain
and
defend
the
Kingdom
,
but
not
compellable
to
foreign
service
,
as
the
Knights
were
,
whose
service
consisted
much
in
defence
of
their
Lord's
person
,
in
reference
to
the
defence
of
the
Kingdom
;
and
many
times
policy
of
War
drew
the
Lords
into
Arms
abroad
,
to
keep
the
Enemy
further
from
their
borders
,
and
the
Knights
then
under
their
Lords
pay
went
along
with
them
:
and
therefore
the
service
of
Knighthood
is
commonly
called
servitium
forinsecum
.
Of
these
Socagers
did
arise
,
not
onely
the
body
of
English
Foot-men
in
their
Armies
,
It
is
true
,
that
precedents
of
those
times
cry
up
the
King's
power
of
arraying
all
Ships
and
men
without
respect
,
unless
of
age
,
or
corporal
disability
;
but
it
will
appear
that
no
such
array
was
,
but
in
time
of
no
less
known
danger
from
abroad
to
the
Kingdom
,
than
imminent
;
and
therefore
might
be
wrought
more
from
the
general
fear
of
the
Enemy
,
than
from
the
King's
command
:
And
yet
those
times
were
always
armed
in
neighbouring
Nations
,
and
Kings
might
have
pretended
continual
cause
of
arraying
.
Secondly
,
it
will
no
less
clearly
appear
,
that
Kings
used
no
such
course
,
but
in
case
of
general
danger
to
the
whole
Kingdom
,
either
from
foreign
Invasion
,
CHAP.
LXXI
.
Of
the
Peace
.
WAR
and
Peace
are
two
births
by
several
venters
,
and
may
like
the
day
and
night
succeed
,
but
can
never
inherit
each
to
other
;
and
for
that
cause
they
may
claim
to
belong
to
one
Father
,
and
that
one
and
the
same
power
should
act
in
both
:
and
yet
it
is
no
good
Maxime
,
That
he
that
is
the
chief
Commander
in
War
,
ought
to
be
the
chief
in
the
order
of
Peace
.
For
it
naturally
befalls
that
War
,
especially
that
which
we
call
Civil
War
,
like
some
diseases
in
the
body
,
does
rather
breed
ill
humours
than
consume
them
;
and
these
must
be
purged
by
dieting
the
State
,
and
constant
course
of
Justice
,
unto
which
the
rugged
Waves
of
War
have
little
or
no
affinity
,
if
they
have
not
enmity
.
Nevertheless
,
the
wisdom
of
our
Ancestors
thought
it
most
meet
to
keep
their
Kings
in
work
,
as
well
in
time
of
Peace
,
as
of
War
;
and
therefore
as
they
anciently
referred
the
principal
care
thereof
to
the
Lords
,
who
together
with
certain
select
persons
in
every
County
,
did
administer
Justice
in
several
Iters
or
Circuits
:
so
when
Kings
had
once
gotten
the
name
of
being
chief
in
civil
affairs
,
as
they
had
it
in
martial
;
they
soon
left
the
Lords
behind
them
(
who
also
were
willing
enough
with
their
own
case
)
and
had
the
name
of
doing
all
,
notwithstanding
it
was
done
by
advice
of
the
Lords
,
and
directory
of
Ministers
,
or
Commissioners
thereto
deputed
,
And
thus
that
Peace
which
formerly
passed
under
the
Titles
of
Pax
Domini
,
pax
Vicecomitis
,
which
is
pax
Regni
,
became
by
eminency
swallowed
up
in
that
which
was
called
the
Kings
Peace
;
and
the
Justices
called
the
Kings
Justices
,
and
himself
flattered
into
that
Title
of
Fountain
of
Justice
,
which
belongeth
onely
to
him
that
is
The
Most
High
or
Chief
Law-giver
.
The
manner
how
this
honourable
care
of
the
Safety
and
Peace
of
the
Kingdom
was
employed
,
may
be
referred
to
a
double
consideration
;
the
one
in
execution
of
Justice
upon
Delinquents
,
the
other
in
preventing
occasions
of
offence
or
delinquency
,
by
means
whereof
the
publick
Peace
might
be
endangered
.
The
first
was
acted
diversly
according
to
the
present
sence
of
affairs
;
for
what
was
at
first
done
by
the
Princes
in
their
Circuits
,
with
one
hundred
of
the
Commons
called
Comites
,
and
that
done
per
pagos
,
vicosque
,
Barons
,
Clergie
,
and
Women
,
or
otherwise
all
such
had
been
bound
to
attendance
on
every
Torn
.
Nevertheless
,
the
work
of
the
Torns
continued
not
to
hear
and
determine
,
as
anciently
they
had
done
.
For
in
Henry
the
third's
time
,
determine
Escapes
,
and
left
them
onely
the
power
of
inquiry
,
But
these
injurious
times
had
holden
too
long
to
be
forgotten
,
or
laid
aside
by
such
cool
pursuit
.
Men
were
still
ordinarily
imprisoned
,
and
so
continued
oftentimes
,
till
the
coming
of
the
Justices
itinerant
.
For
whereas
in
case
of
Bloudshed
,
the
Writ
de
odio
&
atia
was
a
remedy
;
the
other
had
no
remedy
but
by
procuring
a
Commission
of
Oyer
and
Terminer
,
which
ordinarily
was
a
cure
worse
than
the
hurt
.
As
a
remedy
hereof
,
Edward
the
first
found
out
the
new
way
of
making
Justices
of
Peace
,
That
offences
against
that
Law
shall
be
presented
to
Justices
assigned
to
enquire
thereof
;
and
though
these
at
the
first
might
be
itinerant
,
yet
it
soon
made
way
to
resiant
.
And
before
that
Statute
,
it
seemeth
the
King
had
found
out
the
way
,
if
that
Note
be
true
which
is
left
revived
into
memory
by
that
honourable
Reporter
,
which
relating
to
the
sixth
year
of
Edward
the
first
,
Sheriff's
Torn
,
and
Lord's
Leet
,
of
that
little
remainder
that
was
left
them
of
Judicatory
power
in
matters
that
were
against
the
Peace
,
and
made
their
Inquisitory
power
less
regardful
,
and
eased
the
Justices
itinerant
of
much
of
their
Work
,
in
regard
they
were
speedily
to
certifie
up
to
the
King
,
and
so
these
matters
should
be
determined
in
Parliament
,
according
as
those
Justices
were
elected
in
Parliament
;
who
as
it
seems
were
jealous
of
giving
the
power
of
determining
those
offences
into
any
sudden
hand
.
To
sum
up
then
the
first
part
;
as
touching
the
punishment
of
offences
against
the
Peace
,
the
wheel
is
now
in
the
turning
,
the
Leets
and
Torns
begin
to
be
slighted
,
the
labour
of
the
Justices
itinerant
lessened
,
the
Commissions
of
Oyer
and
Terminer
disused
,
by
the
bringing
in
of
a
new
Order
of
Justices
for
the
Peace
especially
appointed
;
and
the
Parliament
,
as
the
supreme
Providers
,
left
as
the
reserve
for
the
asserting
and
maintenance
of
the
same
;
albeit
that
under
it
the
power
of
determining
much
rested
upon
Justices
or
Judges
that
attended
the
King's
Court
,
after
that
the
Common-pleas
were
setled
and
confined
to
a
certain
place
.
The
preserving
of
the
Peace
for
the
future
,
consisted
in
preventing
and
suppressing
Riots
,
Routs
,
unlawful
Assemblies
,
and
in
apprehending
and
securing
of
such
as
were
actors
and
contrivers
of
such
designes
,
and
other
Malefactors
.
And
herein
we
are
to
consider
,
1.
The
Laws
:
2.
The
Means
:
3.
The
executive
power
.
Concerning
the
first
,
there
is
no
question
to
be
made
,
but
that
the
power
of
making
Laws
for
the
maintenance
of
the
Peace
,
rested
in
the
Parliament
,
although
endeavour
possibly
might
be
used
to
settle
the
same
in
the
sole
order
of
the
King
's
own
person
;
and
therefore
we
find
not
onely
the
assize
of
Arms
,
but
generally
the
substance
of
the
Statute
at
Winton
,
to
be
formerly
taken
up
by
Proclamation
by
Kings
,
predecessors
to
Edward
the
second
,
who
first
that
I
can
find
,
put
the
same
into
force
of
a
Law
by
Parliament
,
finding
by
experience
that
Proclamations
may
declare
the
King's
Mind
,
but
not
command
the
Peoples
Wills
;
although
peradventure
the
thing
enjoyned
was
of
ancient
use
,
and
little
inferiour
to
Custom
or
Common
Law.
Such
are
the
Distempers
of
Civil
Broils
,
that
bring
up
Peace
in
the
rear
,
as
a
reserve
when
their
own
strength
is
wasted
,
rather
than
out
of
any
natural
inclination
thereto
.
A
brief
recollection
of
the
Laws
thus
ensue
:
In
case
of
Robbery
or
Felony
committed
,
Of
this
,
more
may
appear
from
the
Norman
and
Saxon
Laws
:
the
intent
appeareth
by
the
Law
it self
,
to
stir
up
the
people
to
use
all
means
by
pursuit
with
Hue
and
Cry
,
and
making
inquisitions
of
the
Fact
with
all
speed
,
in
Townships
,
Hundreds
,
Franchises
,
and
Counties
.
Persons
suspected
shall
not
be
entertained
or
harboured
by
any
Inhabitant
,
Of
this
also
formerly
,
both
in
the
Norman
and
Saxon
Laws
.
Walled
Towns
shall
keep
their
gates
shut
from
Sun-set
to
Sun-rising
.
The
like
observed
in
Cities
,
The
power
of
the
Watch
was
great
:
it
might
apprehend
any
Passenger
and
stay
him
all
night
;
and
if
he
be
a
suspected
person
,
he
is
to
be
committed
to
the
Sheriff
;
and
if
an
escape
be
made
,
the
party
is
to
be
pursued
with
Hue
and
Cry.
These
two
last
Chapters
were
in
effect
in
Henry
the
third's
time
,
in
course
,
by
way
of
the
King's
command
by
Writ
,
in
the
36th
and
37th
years
of
his
Reign
,
High-ways
through
every
Lordship
shall
be
kept
clear
on
each
side
,
High-way
herein
intended
,
are
such
as
are
from
one
Market-Town
to
another
;
and
in
such
were
always
preserved
the
publick
peace
or
safety
,
for
the
maintenance
of
Commerce
,
and
freedom
of
Traffick
:
which
is
,
of
such
publick
concernment
,
that
it
hath
been
of
very
ancient
institution
.
Every
man
between
the
age
of
fifteen
years
and
forty
,
This
Chapter
brings
into
consideration
the
second
thing
propounded
,
viz.
the
means
of
preserving
of
the
Peace
,
which
are
two
;
First
,
by
maintaining
Arms
:
2.
By
certifying
Defaults
.
In
the
first
is
to
be
considered
the
persons
that
are
to
be
assessed
:
2.
The
Arms
:
3.
The
end
.
The
persons
to
be
assessed
to
Arms
,
are
indefinitely
set
down
,
and
comprehend
all
sorts
,
as
wel
bond
as
free
,
and
others
;
for
such
are
the
expressions
in
the
Commission
of
Henry
the
third
.
But
by
the
Assize
of
Henry
the
second
,
John
arrayed
all
sorts
,
free
,
bond
,
and
all
others
that
have
Arms
,
or
ought
to
have
,
or
can
carry
Arms
:
and
it
seems
by
what
hath
been
formerly
noted
,
Now
for
the
nature
of
the
establishment
,
we
are
to
consider
,
that
the
people
of
England
were
distinguished
according
to
their
Tenures
,
into
such
as
held
by
Knight-service
,
Aethelstane
,
That
for
every
Plough
,
every
man
should
find
two
compleat
Horses
.
And
another
Order
of
Aetheldred
nigh
eighty
years
aster
,
differing
from
it
,
assessed
upon
every
eight
Hides
of
Land
,
a
Helmet
,
and
a
Coat
of
Mail
:
And
the
Historian
tells
us
,
That
a
Hide
is
a
Plough-Land
,
or
so
much
Land
as
one
Plough
can
keep
in
till
the
end
of
one
whole
year
.
Mediocris
Thainus
,
yielding
a
relief
equal
to
the
Arms
of
a
Knight
,
in
the
times
whereof
we
now
treat
,
viz.
one
Horse
,
one
Helmet
,
one
Coat
of
Mail
,
one
Lance
,
one
Shield
,
one
Sword
:
all
comprehended
under
arma
sua
,
as
if
he
had
a
certain
proper
Arms.
And
the
Laws
concerning
the
forfeiture
of
Arms
,
do
in
effect
affirm
the
thing
,
viz.
that
all
men
were
armed
;
yet
probable
it
is
,
that
laws
were
not
then
so
often
made
for
the
enforcing
this
or
that
particular
sort
of
Arms
,
in
regard
that
till
the
Normans
time
this
Island
was
troubled
but
seldom
with
any
Enemies
from
foreign
parts
,
that
brought
any
new
sorts
of
Weapons
into
fashion
;
the
Danes
and
Norwegians
being
no
other
than
an
old
Acquaintance
of
theirs
.
Neither
were
the
Saxons
as
yet
tamed
by
any
Enemy
,
so
far
as
to
beg
a
Peace
,
albeit
that
the
Danes
had
gotten
them
under
.
But
after
the
Norman
times
,
the
English
being
somewhat
over-matched
in
War
,
inclined
more
to
Husbandry
,
and
began
to
lay
aside
their
regard
of
Arms
;
and
this
occasioned
the
Kings
to
make
Assessments
of
Arms
:
yet
having
regard
to
the
ancient
course
of
the
Saxons
,
saving
that
they
urged
the
use
of
the
Bow
more
than
formerly
was
used
,
and
thereby
taught
the
conquered
to
conquer
the
Conquerours
in
future
ages
.
Of
these
sorts
of
Assessments
before
this
Stature
at
Winton
,
I
find
but
two
;
the
first
made
by
Henry
the
second
,
and
the
other
by
Henry
the
third
;
which
,
together
with
that
of
this
Statute
,
I
parallel
thus
together
,
in
their
own
words
.
|
Hen.
2.
|
Hen.
3.
|
Stat.
Wint.
|
|
|
Lands
.
|
Goods
.
|
|
Knights
Fee.
|
15
Librat
.
|
60
Marks
.
|
15
l.
Land
,
40
Marks
Goods
.
|
|
Loricam
|
Loricam
|
Loricam
|
Hauberk
|
|
Cassidem
|
Capellum
ferri
|
Capellum
ferri
|
Shapel
de
fer
|
|
Clipeum
|
Gladium
|
Gladium
|
Espee
|
|
Lanceam
|
Cultellum
|
Cultellum
|
Cotel
|
|
|
Equum
|
Equum
|
Chival
|
-
16
Marks
Chattels
.
-
16
Marks
Rents
.
|
10
Librat
.
|
40
Marks
.
|
10
l.
Lands
,
20
Marks
Goods
.
|
|
Halbergellum
|
Halbergettum
|
Halbertum
|
Hauberk
|
|
Capelletum
ferri
|
Capellum
ferri
|
Capellum
ferreum
|
Shapel
de
fer
|
|
Lanceam
|
Gladium
|
Gladium
|
Espee
|
|
|
Cultellum
|
Cultellum
|
Cotel
|
-
10
Marks
Chattels
.
-
10
Marks
Rents
.
|
100
s.
|
20
Marks
.
|
100
s.
Land
.
|
|
Wanbais
|
Perpunctum
|
Perpunctum
|
Purpoint
|
|
Capelletum
ferri
|
Capellum
ferreum
|
Capellum
ferreum
|
Shapel
de
fer
|
|
Lanceam
.
|
Gladium
|
Gladium
|
Espee
|
|
|
Lanceam
|
Cultellum
|
Cotel
|
|
|
Cultellum
|
|
|
|
|
Betwixt
5
l.
and
40
s.
|
9
Marks
.
|
Betwixt
5
l.
&
40
s.
|
|
|
Gladium
|
Gladium
|
Espee
|
|
|
Cultellum
|
Arcum
&
sagit
.
|
Arke
&
setes
|
|
|
Arcum
&
sagit
.
|
Cultellum
|
Cotels
|
|
|
Under
40
s.
|
Under
9
Marks
to
40
s.
|
Under
40
s.
|
|
|
Falces
|
Falces
|
Faulx
|
|
|
Gisarmas
|
Gisarmas
,
&c.
|
Gisarmes
|
|
|
Cultellos
,
&c.
|
|
Cotels
|
|
|
|
|
Under
20
Marks
Goods
.
|
|
|
|
|
Espees
|
|
|
|
|
Cotels
.
|
I
have
thus
impaled
these
three
,
that
the
Reader
may
the
better
discern
how
they
relate
each
to
other
,
and
so
may
the
better
understand
the
matter
in
the
sum
.
And
I
must
explain
three
or
four
words
in
them
as
they
are
set
down
,
before
I
can
bring
up
the
conclusion
;
because
the
mistake
of
the
sence
of
the
words
hath
made
some
mistake
the
intent
of
the
thing
,
Coat
of
Mail
;
but
I
conceive
it
cannot
be
so
meant
in
the
assessments
of
Henry
the
Second
,
and
Henry
the
Third
,
because
that
those
of
the
second
degree
are
said
that
they
ought
to
keep
Haubergettum
,
or
Halburgellum
,
or
Haubertum
;
all
which
are
but
several
dialects
of
one
name
,
and
are
taken
for
a
Coat
of
Mail
:
and
therefore
by
the
diversity
of
names
in
one
and
the
same
assessment
,
I
do
conclude
that
the
Armour
was
not
of
one
and
the
same
fashion
.
But
it
is
evident
,
that
by
Hauberk
in
the
assessment
of
the
Statute
at
Wint.
is
meant
a
Coat
of
Mail
,
and
is
never
taken
for
a
Brest-plate
or
Gorget
,
as
hath
been
taken
upon
trust
by
some
that
build
more
weighty
conclusions
upon
that
weak
principle
,
than
it
is
able
to
bear
:
and
for
the
truth
hereof
,
as
the
word
is
a
French
word
,
so
I
appeal
to
all
French
Authors
,
and
shall
not
trouble
the
Reader
with
the
notation
of
the
word
,
or
further
about
the
meaning
thereof
.
In
the
last
place
,
as
great
mistake
is
that
also
of
the
word
Shapell
de
fer
,
which
is
taken
by
some
to
betoken
a
Breast-plate
of
Iron
:
For
the
truth
whereof
,
the
Reader
may
consider
the
Latine
word
Capellum
,
or
Capelletum
,
and
he
shall
find
that
it
is
an
Iron
cap
,
or
an
ordinary
Head-piece
:
and
in
the
Assize
of
Henry
the
Third
,
it
holds
the
place
of
Cassis
in
the
Assize
of
Henry
the
Second
.
For
the
manner
of
all
these
,
let
the
Reader
view
the
Sculptures
of
the
several
Norman
Kings
,
armed
for
the
Charge
,
in
the
beginning
of
their
several
Reigns
,
as
they
are
represented
in
Speed's
History
.
It
may
also
be
conceived
,
that
there
is
as
much
mistake
of
that
Weapon
which
is
called
Cultellum
or
Cotel
,
whilst
they
translate
it
by
the
word
Knife
;
for
though
it
be
true
that
it
is
one
signification
of
that
word
,
yet
it
appears
not
onely
by
this
Law
,
that
it
was
a
Weapon
for
a
Knight
in
War
,
but
in
use
at
Tornaments
,
as
by
that
Statute
that
forbids
the
use
of
a
pointed
Sword
,
or
pointed
Cotel
,
a
Battoon
,
or
a
Mace
,
at
that
sport
:
and
therefore
it
may
seem
to
be
some
Weapon
of
greater
use
,
either
a
Cotellax
,
or
such-like
Weapon
;
otherwise
to
enjoyn
the
finding
of
a
Knife
to
a
man
as
an
offensive
Weapon
against
armed
men
in
Battle
,
would
serve
to
no
use
at
all
.
Now
concerning
the
difference
between
the
several
Assizes
aforesaid
,
it
consisteth
either
in
the
number
of
the
several
degrees
or
ranks
of
those
that
are
assessed
:
Or
secondly
,
in
the
manner
of
their
valuation
:
Or
lastly
,
in
the
particulars
of
their
Arms
assessed
upon
them
.
As
touching
the
degrees
in
Henry
the
Second's
time
,
they
were
but
Three
,
in
regard
that
he
onely
assessed
Free-holders
:
and
certainly
that
was
the
ancient
Law
,
as
by
the
Law
of
the
Conquerour
,
and
other
Saxon
Laws
formerly
mentioned
,
may
appear
.
But
Henry
the
Third
taking
example
of
King
John
,
who
was
the
first
founder
of
general
arrays
,
charged
all
but
such
as
were
men
of
nothing
;
albeit
,
I
find
not
that
such
as
were
of
the
inferiour
degree
,
were
sworn
to
those
Arms
,
but
rather
allowed
to
have
them
.
And
though
the
Statute
at
Winchester
holdeth
to
the
same
degrees
in
Lands
,
yet
in
the
value
of
Goods
there
is
some
difference
,
in
favour
of
them
that
onely
have
stock
and
no
Free-hold
.
Secondly
,
there
is
some
difference
in
the
manner
of
valuation
of
Lands
with
Chattels
;
and
therein
the
Statute
at
Winton
favours
the
personal
estates
,
more
than
Hen.
3.
and
he
more
than
Hen.
2.
and
yet
all
of
them
pretend
one
rule
of
ancient
custom
;
I
believe
they
mean
,
that
they
had
it
in
their
eye
,
but
not
in
their
heart
:
For
they
would
come
as
night
to
it
as
they
could
,
and
yet
keep
as
far
from
it
as
they
durst
.
Thirdly
,
as
touching
the
difference
of
the
Arms
between
these
three
assessments
,
it
seems
so
small
,
as
in
this
they
are
most
of
them
all
one
.
For
wherein
Hen.
2.
leads
,
both
Hen.
3.
and
Edw.
1.
do
imitate
,
saving
that
they
add
the
Horse
and
Sword
;
which
questionless
was
to
be
understood
as
a
granted
case
,
that
the
compleat
Arms
of
a
man
could
not
be
carried
and
managed
without
a
Horse
,
nor
defended
without
a
Sword.
As
touching
other
alterations
,
it
might
be
done
upon
good
advice
,
as
not
being
deemed
méet
that
such
as
were
no
Knights
but
in
Estate
,
should
be
armed
in
every
respect
like
as
the
Knights
were
.
And
thus
we
have
an
ancient
custom
of
maintaining
Arms
by
every
Free
man
,
for
the
defence
of
the
Kingdom
,
first
made
uncertain
by
the
avarice
of
Kings
,
and
negligence
of
the
Free-men
,
and
brought
into
an
arbitrary
charge
;
at
length
reduced
to
a
certainty
,
upon
all
sorts
of
Inhabitants
by
a
Statute-Law
(
if
so
it
then
were
)
unto
which
every
man
had
yielded
himself
bound
by
his
own
consent
.
But
to
what
end
is
all
this
?
I
said
it
was
for
the
defence
of
the
Kingdom
,
and
so
it
was
in
the
original
;
and
yet
also
for
the
safety
of
the
King
in
order
thereunto
,
and
for
the
safety
and
maintenance
of
the
peace
of
every
member
of
the
whole
body
.
This
in
one
lump
thus
will
not
down
with
some
,
who
will
have
this
assessment
onely
to
be
for
keeping
of
the
peace
against
Routs
and
Riots
,
but
not
sufficient
nor
intended
to
be
supply
for
War
,
when
Edward
the
First
calls
for
it
;
because
Edward
the
First
shall
not
have
his
power
confined
within
the
compass
of
a
Statute
,
but
to
be
at
liberty
of
array
as
he
should
think
meet
:
and
it
is
not
to
be
denied
but
the
words
of
this
Law
run
thus
,
viz.
That
the
intent
thereof
is
for
preserving
of
the
peace
;
but
those
general
words
will
not
bear
the
power
of
a
restrictive
sence
:
for
certainly
the
peace
is
as
well
preserved
by
providing
against
War
,
as
against
Riots
;
and
against
Forrein
War
,
as
Intestine
Mutinies
.
And
that
the
Statute
intended
the
one
,
as
well
as
the
other
,
will
appear
,
because
it
was
made
in
relation
to
former
precedents
of
Henry
the
Third
;
and
they
speak
plainly
that
their
intent
was
to
strengthen
the
Kingdom
against
dangers
from
abroad
.
The
words
of
the
Historian
are
clear
,
that
Henry
the
Third
charged
all
that
had
15
libratas
terrae
,
and
upwards
,
should
undertake
the
Arms
of
a
Knight
,
ut
Anglia
,
sicut
Italia
,
militia
roboraretur
.
And
because
he
had
threats
from
beyond
Sea
,
Henry
Huntington
,
who
(
as
hath
been
mentioned
)
layeth
a
Helmet
and
Coat
of
Mail
unto
eight
Hides
of
Land
,
which
according
to
Gervase
of
Tilburie's
account
cometh
to
800
Acres
,
Furthermore
,
whereas
it
's
said
,
that
the
wisdom
of
the
Parliament
might
be
questioned
,
if
they
intended
no
better
provision
against
an
Enemy
than
against
a
Thief
or
Rogue
;
I
should
desire
the
consideration
of
those
men
,
whether
are
those
Thieves
and
Rogues
,
in
Troops
or
bodies
,
and
well
armed
,
or
are
they
a
sort
of
scattered
Out-laws
,
lightly
armed
to
fly
away
,
when
they
have
gotten
the
prey
?
If
they
were
in
the
former
posture
,
I
pray
what
difference
in
point
of
difficulty
of
suppressing
,
between
them
and
so
many
Enemies
?
and
if
it
was
discretion
in
the
Parliament
to
make
this
provision
against
the
one
,
certainly
these
,
with
the
Knight-hood
of
the
Kingdom
,
with
as
much
discretion
,
will
be
sufficient
provision
against
the
other
.
But
if
these
be
looked
upon
in
the
later
sence
,
I
fear
the
discretion
of
the
Parliament
would
have
been
much
more
questioned
in
arming
all
men
that
have
any
ability
to
suppress
Thieves
and
Rogues
,
against
which
the
ordinary
Watch
and
Ward
of
the
Kingdom
was
an
ancient
and
approved
remedy
,
and
sufficient
safe-guard
.
And
I
would
fain
know
of
these
men
,
whether
it
be
for
the
safety
of
Edward
the
First
,
or
any
other
King
,
to
arm
the
whole
body
of
the
people
,
especially
in
times
of
jealousie
,
for
suppressing
of
Thieves
and
Robbers
,
whenas
it
may
be
done
by
a
guard
of
known
men
in
every
County
,
with
much
more
ease
,
and
less
charge
to
the
people
.
Lastly
,
whereas
it
is
endeavoured
to
make
this
Statute
but
a
temporary
provision
,
and
taken
up
for
the
present
condition
of
affairs
,
when
Thieves
and
Robbers
went
with
great
strength
,
and
in
multitudes
:
This
might
be
,
I
grant
,
of
some
efficacy
,
if
it
had
been
introductio
novi
juris
;
but
it
being
grounded
upon
a
former
Custom
,
the
ground
of
that
custom
(
which
was
defence
of
the
Kingdom
)
must
be
the
warrant
of
the
Law
;
otherwise
the
present
inconvenience
might
be
remedied
by
a
present
Order
,
and
needed
not
the
help
of
a
Law
that
should
rest
upon
former
Custom
,
or
provide
for
future
generations
.
Nevertheless
,
if
all
be
granted
,
viz.
that
this
Statute
is
but
a
present
Order
,
that
the
Arms
therein
are
too
slight
to
resist
an
Enemy
,
and
the
end
thereof
was
onely
to
enable
the
Kingdom
against
Thieves
and
Robbers
;
yet
could
not
Edward
the
first
pretend
to
have
any
power
to
assess
Arms
at
pleasure
upon
occasion
of
War
,
for
the
defence
of
the
Kingdom
;
nor
is
there
any
precedent
in
story
that
countenanceth
it
,
seeing
Henry
the
Third
,
and
Henry
the
Second
,
in
their
course
used
the
rule
secundum
facultates
,
as
had
been
formerly
observed
;
and
the
rule
foregoing
tended
onely
to
Free-men
and
their
Lands
.
Nor
did
King
John
disclaim
the
same
,
but
pursued
it
;
(
and
yet
if
there
be
any
precedent
of
Prerogative
in
story
,
which
King
John
had
not
,
that
King
will
be
looked
upon
as
a
King
of
wonderment
)
I
say
,
King
John
pursued
it
when
he
was
in
the
strength
of
his
distemper
,
threatned
by
the
Pope
,
provoked
by
the
French
King
now
ready
in
the
field
,
vexed
by
his
people
;
and
himself
scarce
himself
,
summons
to
defend
himself
,
themselves
,
and
the
Kingdom
of
England
,
all
men
that
ought
to
have
Arms
,
or
may
have
Arms
,
and
such
as
have
no
Arms
,
and
yet
arma
habere
possint
,
let
them
also
come
ad
capiendum
solidatas
nostras
;
and
accordingly
there
came
a
vast
number
,
not
onely
of
the
armed
men
,
but
of
the
unarmed
multitude
,
who
afterward
were
sent
to
their
own
home
when
victuals
failed
.
Hitherto
therefore
King
John
not
above
three
years
before
his
death
,
held
himself
to
the
assessment
to
Arms
onely
of
such
as
had
Lands
;
and
at
this
time
of
exigency
,
others
unarmed
were
summoned
to
take
Arms
from
the
King
with
their
pay
,
or
otherwise
they
must
fight
without
Weapons
.
I
am
now
come
to
the
last
general
point
,
which
concerneth
the
executive
power
of
matters
concerning
the
peace
within
this
Law
,
touching
which
the
Statute
enforceth
this
,
That
Constables
in
every
Hundred
and
Franchise
shall
have
the
view
of
Arms
,
and
shall
present
defaults
against
the
Statute
of
Justices
assigned
,
who
shall
certifie
the
same
to
the
King
in
every
Parliament
,
and
the
King
shall
provide
remedy
.
Whereby
it
seemeth
manifest
,
that
hitherto
no
Law
or
Custom
was
made
against
any
for
default
of
Arms
,
but
onely
such
as
held
by
that
Tenure
:
and
therefore
they
had
a
shift
to
cause
them
to
swear
to
maintain
Arms
,
and
so
might
proceed
upon
defaults
,
as
in
case
of
perjury
;
and
that
the
Parliament
was
still
loth
to
set
any
certain
rule
for
penalty
,
and
absolutely
declined
it
,
and
left
it
under
a
general
periculo
incumbente
,
which
it
is
likely
men
would
rather
eschew
by
obedience
,
than
adventure
upon
out
of
a
daring
spirit
,
unless
their
case
was
very
clear
,
within
the
mercy
of
common
reason
.
And
therefore
such
cases
were
left
to
special
order
of
the
Parliament
,
rather
than
they
would
deliver
such
a
rod
as
determining
power
was
,
over
into
any
uncertain
hand
whatever
.
It
is
very
true
,
that
by
the
opinion
of
some
,
this
also
hath
been
controverted
,
as
if
all
the
executive
power
had
been
turned
out
of
the
Parliaments
Order
,
into
the
directory
of
Edward
the
First
:
which
thing
reacheth
far
;
for
then
in
order
thereunto
,
the
whole
Militia
of
the
Kingdom
must
have
been
under
his
safe
command
.
And
whether
it
ever
entred
into
the
conceit
of
that
King
I
know
not
,
but
somewhat
like
thereunto
,
is
not
obscurely
urged
to
nourish
and
suggest
such
a
kind
of
notion
,
and
so
derive
it
unto
his
Successors
,
upon
the
words
of
a
Statute
de
defensione
portandi
armorum
,
the
English
whereof
I
shall
render
out
of
the
French
as
followeth
:
It
belongeth
to
Vs
,
(
viz.
Edw.
1.
)
and
from
Vs
by
Our
Royal
Seigniory
,
to
defend
force
of
Arms
,
and
all
other
force
against
Our
peace
,
at
all
times
that
We
shall
please
;
and
to
punish
according
to
the
Laws
and
Vsages
of
this
Realm
,
such
as
shall
oppose
;
and
to
this
they
(
viz.
Lords
and
Commons
)
are
bound
Vs
to
aid
as
their
good
Lord
,
always
when
need
shall
be
.
Two
things
are
concurrant
with
this
,
which
is
the
body
of
the
Statute
,
if
such
it
be
.
The
one
is
the
Preface
,
or
the
occasion
:
And
the
second
is
the
conclusion
upon
the
whole
body
of
the
same
.
The
preface
first
sets
down
the
inscription
or
direction
of
the
Law
;
not
to
the
people
,
but
to
the
Justices
of
his
Bench
;
and
so
it
is
in
nature
of
a
Writ
or
Declaration
sent
unto
his
Judges
.
Then
it
sets
down
the
occasion
,
which
was
a
debate
between
Edw.
1.
and
his
Lords
,
with
a
Treaty
which
was
had
before
certain
persons
deputed
thereto
:
and
it
was
accorded
,
that
at
the
next
Parliament
,
Order
shall
be
taken
by
common
consent
of
the
King
▪
the
Prelates
,
Earls
,
and
Barons
,
that
in
all
Parliaments
,
Treaties
,
and
other
Assemblies
which
shall
be
had
in
the
Kingdom
of
England
for
ever
after
▪
all
men
shall
come
thereto
without
force
,
and
without
arms
,
well
and
peaceably
:
and
thence
it
recites
,
that
the
said
meeting
at
Parliament
was
had
,
and
that
there
the
Prelates
,
Earls
,
Barons
,
and
Commonalty
being
assembled
to
advise
upon
this
matter
;
nous
eiont
dit
,
saith
one
Copy
,
and
no●●
eions
dit
,
saith
another
Copy
:
so
as
whether
this
was
the
Declaration
of
the
King
unto
the
Parliament
,
or
of
the
Parliament
to
the
King
,
is
one
doubt
,
and
a
principal
one
it
is
in
such
a
case
as
this
.
Then
the
conclusion
of
all
is
,
that
the
King
commandeth
these
things
shall
be
read
before
the
Justices
in
the
Bench
,
and
there
enrolled
;
and
this
is
dated
the
30th
of
October
in
the
Seventh
year
of
his
Reign
,
which
was
Ann.
1279.
So
as
if
it
were
the
Declaration
of
the
King
,
then
it
implieth
as
if
it
were
not
very
well
accepted
of
the
Parliament
;
and
therefore
the
King
would
have
it
rest
upon
Record
in
nature
of
a
Claim
or
Protestando
,
for
saving
the
Prerogative
of
the
Crown
.
But
if
it
were
the
Declaration
of
the
Parliament
,
the
King
held
it
so
precious
a
flower
,
that
fearing
it
should
fade
,
set
it
in
a
private
Garden
of
his
own
,
that
it
might
be
more
carefully
nursed
against
the
blast
of
Time
;
as
if
the
Parliament
had
not
assented
thereto
,
or
(
if
they
did
)
meaned
not
to
hold
it
forth
to
the
world
for
future
times
to
be
a
constant
rule
,
but
onely
by
way
of
concession
,
to
ease
themselves
of
the
present
difficulty
,
in
making
a
Law
against
wearing
of
Armour
in
ordinary
civil
affairs
,
and
so
referred
it
to
the
King's
care
to
provide
against
emergent
breach
of
the
peace
,
as
an
expedient
for
the
present
inconveniences
in
affairs
.
And
it
will
well
suit
with
the
posture
of
affairs
then
in
course
:
for
the
Welsh-Wars
were
now
intermitted
,
and
a
quiet
of
three
years
ensued
;
in
the
midst
of
which
,
Souldiers
having
liberty
to
do
nothing
(
and
that
is
next
to
naught
)
but
recreate
themselves
,
used
their
wonted
guise
,
as
if
they
were
not
dressed
that
day
that
they
were
not
armed
;
nor
fit
for
counsel
,
unless
(
as
their
Ancestors
)
with
Weapons
in
their
hands
;
nor
worthy
of
the
presence
of
a
King
under
other
notion
,
than
as
a
General
in
the
field
,
and
themselves
as
Commanders
that
are
never
A-la-mode
but
when
all
in
Iron
and
Steel
.
I
say
,
to
make
a
Law
that
must
suddenly
bind
men
from
riding
or
being
armed
,
when
no
man
thought
himself
safe
otherwise
,
was
in
effect
to
expose
their
bare
necks
to
the
next
turn
of
the
Sword
of
a
King
that
they
did
not
over-much
trust
,
and
the
less
in
regard
he
trusted
not
them
.
I
do
not
wonder
therefore
if
the
Parliament
liked
not
the
work
,
but
left
it
to
the
King
to
provide
for
the
keeping
off
breaches
of
the
Peace
,
and
promised
their
assistance
therein
.
Lastly
,
supposing
all
that
is
or
can
be
supposed
,
viz.
that
the
Parliament
had
given
up
the
power
of
the
Militia
unto
Edward
the
First
;
yet
it
was
not
to
all
intents
,
nor
did
it
continue
:
for
besides
the
Statute
of
Tornaments
,
which
sheweth
plainly
that
the
ordering
of
Armour
was
in
the
power
of
the
Parliament
,
and
which
in
all
probability
was
made
after
that
Law
last
before-mentioned
;
the
Statute
at
Winton
,
made
after
this
Law
nigh
six
years
space
,
ordereth
the
use
of
the
Trained
bands
in
maintaining
the
peace
,
and
reserveth
the
penalties
to
themselves
for
any
default
committed
against
the
said
Act.
And
therefore
,
notwithstanding
any
thing
that
yet
appeareth
to
me
out
of
any
Law
or
History
,
the
chief
Moderatorship
of
War
and
Peace
,
within
the
Realm
of
England
,
resteth
hitherto
upon
the
Parliament
next
unto
God
;
and
in
the
King
no
otherwise
,
than
in
order
to
the
Publick
,
the
rule
whereof
can
be
determined
by
no
other
Judge
than
that
which
can
be
intended
to
have
no
other
respect
than
the
publick
good
,
and
which
is
the
Abridgement
of
the
large
Volume
of
the
Kingdom
.
A
Summary
Conclusion
.
ANd
thus
have
I
brought
the
shape
of
English
Government
(
rude
as
it
is
)
from
the
first
off-spring
of
the
Saxons
,
through
the
rough
waves
of
the
Danish
Tempests
,
the
Rocks
of
Norman
invasion
,
and
of
the
Quick-sands
of
Arbitrary
Government
under
Popes
and
Kings
,
to
the
Haven
:
much
defaced
it
is
,
I
confess
,
by
the
rage
of
time
,
and
yet
retained
the
original
likeness
in
proportion
.
Kings
first
(
about
the
Norman
times
)
joyning
with
the
Lords
for
their
joynt
interest
above
the
ordinary
pitch
,
had
mounted
each
other
too
high
to
be
Lords
over
Free
men
.
Then
by
flattering
of
the
Free-men
into
their
designs
,
hovered
above
them
all
;
but
not
being
able
to
maintain
their
pitch
so
long
as
the
Lords
held
together
,
stooped
for
a
party
amongst
them
,
and
soon
obtained
their
desire
.
For
some
Lords
(
more
ambitious
than
others
,
and
these
again
more
popular
than
they
)
seek
several
interests
.
And
thus
Kings
(
aided
by
their
party
to
a
Supremacy
which
they
were
never
born
to
;
and
raised
by
them
into
a
preheminence
above
their
Peers
,
which
neither
Law
nor
Custom
ever
gave
them
)
are
of
Moderators
in
the
Council
of
Lords
,
become
Moderators
of
those
Councils
;
and
so
they
obtained
all
that
the
Lords
had
,
but
no
more
.
For
though
both
they
and
the
Lords
abused
their
power
over
the
Free-men
by
extortion
and
oppression
,
as
Lords
over
Tenants
;
yet
could
they
never
prevail
over
them
as
free-born
Subjects
,
to
gain
their
consent
to
give
their
Right
,
or
the
Law
,
up
to
the
King's
beck
:
but
still
the
Law
remained
arbiter
both
of
King
and
People
,
and
the
Parliament
Supream
Expounder
and
Judge
both
of
it
and
them
.
For
other
argument
hereof
there
will
be
little
need
(
besides
what
hath
formerly
appeared
)
than
what
we
find
in
Bracton
,
God
is
superiour
to
the
King
,
and
the
Law
by
which
he
is
made
King
,
and
his
Court
,
viz.
the
Earls
and
Barons
:
Earls
(
according
to
their
name
Comites
)
are
the
Kings
Associates
,
and
he
that
hath
an
Associate
hath
a
Master
;
and
therefore
if
the
King
be
unbridled
,
or
(
which
is
all
one
)
without
Law
,
they
ought
to
bridle
him
,
unless
they
will
be
unbridled
as
the
King
,
and
then
the
Commons
may
cry
,
Lo
Jesus
,
&c.
This
was
the
judgement
of
that
famous
Lawyer
of
the
state
of
an
English
King
,
in
Henry
the
Third's
time
.
I
shall
add
hereto
a
concurrent
testimony
of
a
Lawyer
also
in
Edward
the
First
's
time
.
the
King
ought
to
have
no
equal
in
the
Land
;
yet
because
the
King
nor
his
Commissioners
(
in
case
where
the
King
intrencheth
upon
the
right
of
any
of
his
Subjects
)
can
be
both
Judge
and
Party
,
the
King
by
right
ought
to
have
Companions
,
to
hear
and
determine
in
Parliament
all
Writs
and
plaints
of
wrongs
done
by
the
King
,
the
Queen
,
or
their
Children
,
and
of
those
wrongs
especially
,
whereof
otherwise
common
right
cannot
be
had
.
Nor
is
this
the
opinion
onely
of
Lawyers
,
but
it
is
the
Law
it self
unto
which
the
Royal
assent
was
added
,
1.
Will
you
grant
and
keep
,
and
by
your
Oath
confirm
to
the
people
of
England
the
Laws
and
Customs
to
them
granted
by
the
ancient
Kings
of
England
,
your
righteous
and
godly
Predecessors
;
and
especially
to
the
Clergie
and
People
,
by
the
glorious
King
St.
Edward
your
Predecessor
?
The
King's
Answer
:
I
do
them
grant
and
promise
.
2.
Will
you
keep
to
God
and
the
Church
,
and
the
Clergie
,
and
the
People
,
Peace
and
Concord
sincerely
according
to
your
power
?
The
King's
Answer
:
I
will
do
it
.
3.
Do
you
grant
to
hold
and
keep
the
Laws
and
rightful
Customs
,
which
the
Commonalty
of
your
Realm
shall
have
chosen
,
and
to
maintain
and
enforce
them
to
the
honour
of
God
after
your
power
?
The
King's
Answer
:
I
this
do
grant
and
promise
.
In
few
words
,
the
King
promised
to
keep
the
Laws
already
made
,
the
peace
of
his
Kingdom
,
and
the
Laws
to
be
agreed
upon
by
the
Commonalty
:
the
same
in
substance
with
that
of
Henry
the
First
,
William
the
Conquerour
,
the
Danish
and
Saxon
Kings
formerly
had
,
and
in
the
foregoing
discourse
observed
.
And
thus
is
he
led
to
the
Throne
in
a
Chain
of
Gold
,
a
serious
memorial
of
the
King's
duty
as
he
is
a
man
,
and
a
glorious
ornament
to
him
as
a
King.
If
then
the
King
be
under
the
Law
in
case
of
direction
,
as
by
stipulation
he
is
bound
;
if
he
be
likewise
under
the
Law
in
case
of
transgression
,
to
be
judged
by
his
Comites
,
or
Peers
;
Hitherto
certainly
an
English
King
is
but
Primas
inter
omnes
,
and
not
supra
totum
;
and
if
at
any
time
he
skipped
higher
,
he
afterwards
fell
lower
:
for
it
was
the
lot
of
these
times
to
have
Lords
that
were
bent
to
work
the
people
to
regard
their
own
Liberties
,
in
which
the
Lords
had
first
wrapped
up
their
own
Claims
.
Thus
come
the
counsels
of
such
as
have
been
notoriously
exorbitant
to
be
scanned
;
and
to
bring
these
into
frame
,
all
run
out
of
frame
;
the
Barons
Wars
arise
,
and
thrive
according
as
interests
do
concenter
more
or
less
:
the
issue
is
like
that
of
a
drawn
battle
,
wherein
he
that
continueth
last
in
the
Field
,
is
glad
to
be
gone
away
,
and
so
the
Title
is
left
to
be
tried
upon
the
next
advantage
that
shall
arise
.
Yet
had
Kings
gotten
one
step
forwards
to
their
designe
,
which
was
,
in
that
they
now
had
to
deal
with
a
divided
Baronage
.
It
was
the
birth
of
Ambition
,
and
it
was
nourished
by
the
same
milk
;
for
those
that
side
with
the
King
are
become
Magnificoes
next
to
the
King's
person
,
and
the
sole
managers
of
all
the
great
affairs
of
State
,
concurrent
with
their
own
designes
under-board
.
But
the
other
Lords
are
in
account
rural
,
standing
further
off
;
and
looking
on
at
a
distance
,
are
laid
away
as
superfluous
.
And
as
they
themselves
are
out
of
the
game
of
great
men
,
so
grow
they
mindless
of
their
interest
in
the
great
affairs
:
yet
of
these
there
is
diversity
;
for
some
sport
themselves
in
their
condition
;
others
observe
the
irregular
motions
of
those
above
,
and
watch
their
own
time
.
This
was
the
first
advance
of
that
society
,
which
was
afterwards
called
the
Privy
Council
;
being
a
company
of
choice
men
according
to
the
King
's
bent
,
unto
whom
the
consideration
of
all
the
weighty
affairs
of
the
Kingdom
is
committed
;
but
nothing
can
be
concluded
without
the
King
's
fiat
,
which
regularly
should
follow
upon
the
premisses
,
according
to
the
major
vote
;
but
more
ordinarily
suiteth
with
that
which
best
suiteth
with
his
pleasure
.
And
now
are
Parliaments
looked
on
as
fatal
,
or
at
the
best
but
as
heavy
dull
Debates
,
and
inconvenient
both
for
speed
and
secrecy
;
which
indeed
are
advantages
for
weak
and
unwarrantable
councils
;
but
such
as
are
well-grounded
upon
truth
,
and
strength
of
reason
of
State
,
are
not
afraid
to
behold
the
clearest
noon-day
;
and
prevail
neither
by
speed
nor
secrecy
,
but
by
the
power
of
uncontrolled
Reason
fetcht
from
truth
it self
.
The
Grand
Council
of
Lords
also
are
now
no
less
burthensome
:
For
though
they
were
not
able
to
prevail
against
the
private
designes
of
an
arbitrary
Supremacy
,
yet
do
they
hinder
the
progress
,
tell
tales
to
the
people
,
and
blot
the
names
of
those
that
are
of
that
aspiring
humour
;
which
once
done
,
like
that
of
Sisyphus
,
they
have
no
other
end
of
their
labour
than
their
toil
.
Thus
perished
that
ancient
and
rightly
honourable
Grand
Council
of
Lords
,
having
first
laid
aside
the
publick
,
then
lost
unity
,
and
lastly
themselves
;
besides
the
extream
danger
of
the
whole
body
.
For
the
sence
of
State
once
contracted
into
a
Privy-Council
,
is
soon
contracted
into
a
Cabinet-Council
,
and
last
of
all
into
a
Favourite
or
two
;
which
many
times
brings
damage
to
the
publick
,
and
both
themselves
and
Kings
into
extream
praecipices
;
partly
for
want
of
maturity
,
but
principally
through
the
providence
of
God
over-ruling
irregular
courses
to
the
hurt
of
such
as
walk
in
them
.
Nor
were
the
Clergie
idle
in
this
bustle
of
affairs
,
although
not
very
well
employed
;
for
it
is
not
to
be
imagined
but
that
these
private
prizes
plaid
between
the
Lords
,
Commons
,
and
King
,
laid
each
other
open
to
the
aim
of
a
forrein
pretension
,
whilst
they
lay
at
their
close
guard
one
against
another
.
And
this
made
an
Ecclesiastical
power
to
grow
upon
the
Civil
,
like
the
Ivy
upon
the
Oak
,
from
being
Servants
to
Friends
,
and
thence
Lords
of
Lords
,
and
Kings
of
Kings
.
By
the
first
putting
forth
,
it
might
seem
to
be
a
Spiritual
Kingdom
;
but
in
the
blossom
,
which
now
is
come
to
some
lustre
,
it
is
evident
to
be
nothing
but
a
Temporal
Monarchy
over
the
Consciences
of
men
;
and
so
,
like
Cuckows
,
laying
their
Eggs
in
nests
that
are
none
of
their
own
,
they
have
their
brood
brought
up
at
the
publick
charge
.
Nevertheless
,
this
their
Monarchy
was
as
yet
beyond
their
reach
;
it
was
Prelacy
that
they
laboured
for
,
pretending
to
the
Pope's
use
,
but
in
order
to
themselves
.
The
Cripple
espyed
their
halting
,
and
made
them
soon
tread
after
his
pace
;
he
is
content
they
should
be
Prelates
without
measure
,
within
their
several
Diocesses
and
Provinces
,
so
as
he
may
be
the
sole
Praelatissimo
beyond
all
comparison
.
And
undoubtedly
thus
had
been
before
these
times
destroyed
the
very
principles
of
the
Church-Government
of
this
Kingdom
,
but
that
two
things
prejudiced
the
work
:
The
one
,
that
the
Papalty
was
a
forrein
power
;
and
the
other
,
that
as
yet
the
Pope
was
entangled
with
the
power
of
Councils
,
if
he
did
not
stoop
thereunto
.
The
first
of
these
two
,
was
the
most
deadly
Herb
in
the
Pottage
,
and
made
it
so
unsavoury
,
that
it
could
never
be
digested
in
this
Kingdom
:
For
Kings
looking
upon
this
as
an
intrenchment
upon
their
Prerogative
,
and
the
People
also
as
an
intrenchment
upon
their
Liberties
,
both
or
one
of
them
were
ever
upon
the
guard
,
to
keep
out
that
which
was
without
,
and
would
be
ruled
neither
by
Law
nor
Counsel
.
And
therefore
though
both
Kings
and
People
,
yielded
much
unto
the
importunity
of
these
men
,
and
gave
them
many
priviledges
whereby
they
became
great
,
yet
was
their
greatness
dependant
upon
the
Law
of
the
Land
and
Vote
of
Parliament
;
and
though
they
had
the
more
power
,
they
nevertheless
were
not
one
jot
the
more
absolute
,
but
still
the
Law
kept
above
their
top
.
I
deny
not
but
they
in
their
practice
exceeded
the
rule
often
,
and
lifted
themselves
above
their
rank
;
yet
it
is
as
well
to
be
granted
,
that
they
could
never
make
Law
to
bind
the
Church-men
,
much
less
the
Laity
,
but
by
conjunction
of
the
Grand
Councils
both
for
Church
and
Commonwealth-affairs
;
nor
could
they
execute
any
Law
in
case
that
concerned
the
Liberty
or
Propriety
of
either
,
but
in
a
Synodical
way
,
or
as
deputed
by
the
Parliament
in
that
manner
.
And
therefore
I
must
conclude
,
that
in
these
times
whereof
we
treat
,
the
principles
of
Church-Government
,
so
far
as
warranted
by
Law
,
were
in
their
nature
Presbyterial
;
that
is
,
both
in
making
Laws
and
executing
them
,
Bishops
and
Arch-bishops
were
never
trusted
with
the
sole
administration
of
them
,
but
in
and
by
consent
of
Synods
,
in
which
the
Clergy
and
Laity
ought
to
have
their
joynt
vote
.
And
all
power
more
,
or
contrary
hereto
,
was
at
the
best
an
usurpation
coloured
by
practice
;
which
was
easily
attained
,
where
there
was
a
perpetual
Moderatorship
resting
in
the
Bishop
,
and
over
all
the
Pope
;
the
King
,
Lords
,
and
Commons
in
the
mean
while
being
buried
in
pursuit
of
several
interests
elsewhere
.
To
make
all
semblable
,
the
Free-men
met
with
the
sad
influence
of
these
distempers
,
as
well
from
the
King
and
Lords
,
as
the
Clergy
.
Kings
to
save
their
own
stake
from
the
Pope
,
remitted
of
that
protection
which
they
owed
to
their
Subjects
,
and
let
in
upon
them
a
floud
of
oppressions
and
extortions
from
the
Romish
and
English
Clergy
,
and
so
like
a
little
ship
cast
out
a
Barrel
for
the
Whale
to
pursue
,
till
it
gets
away
:
But
this
changed
no
right
.
The
Lords
by
their
parties
shattered
them
asunder
,
and
dismembred
their
body
by
intestine
broils
.
The
Clergy
more
craftily
making
some
of
them
free
Denizons
of
the
Roman
See
,
and
taking
them
into
their
protection
,
whilst
others
of
the
Free-men
at
a
distance
,
were
exposed
as
a
prey
to
the
continual
assaults
of
those
devouring
times
:
All
these
conspired
together
to
deface
and
destroy
that
ancient
and
goodly
bond
of
Brotherhood
,
the
Law
of
Decenners
,
by
which
the
Free-men
,
formerly
holden
together
like
Cement
in
a
strong
Wall
,
are
now
left
like
a
heap
of
loose
stones
,
or
so
many
single
men
,
scarcely
escaping
with
their
skin
of
Liberties
,
and
those
invaded
by
many
projects
,
and
shifts
in
Government
of
State-affairs
.
So
must
I
leave
them
until
some
happy
hand
shall
work
their
repair
,
both
for
time
and
manner
,
as
it
shall
please
that
great
and
wise
Master-builder
of
the
World.
FINIS
.
THE
CONTINUATION
OF
AN
Historical
and
Political
Discourse
OF
THE
Laws
&
Government
OF
ENGLAND
.
THE
former
times
,
since
the
Norman
entry
like
a
rugged
Sea
,
by
cross
Winds
of
Arbitrary
Vapours
,
in
and
about
the
Crown
;
and
by
Forrein
Engagements
from
the
holy
Chair
,
made
the
true
face
of
affairs
cloudy
and
troublesome
,
both
for
the
Writer
and
the
Reader
.
Henceforward
,
for
the
space
of
Three
hundred
years
next
ensuing
,
Kings
by
experience
and
observation
finding
themselves
unequal
to
the
double
chace
of
absolute
Supremacy
over
the
sturdy
Laity
and
encroaching
Clergie
,
you
will
observe
to
lay
aside
their
pretensions
against
the
Peoples
Liberties
,
and
more
intentively
to
trench
upon
the
Spiritualty
,
now
grown
to
defie
all
Government
,
but
that
of
Covetousness
.
Nor
would
these
times
allow
further
advantage
to
Kings
in
this
work
,
they
being
either
fainted
by
the
ticklish
Title
of
the
Crown
,
hovering
between
the
two
Houses
of
York
and
Lancaster
,
or
drawn
off
to
forrein
employments
;
as
matters
of
greater
concernment
for
the
present
well-being
of
the
Kingdom
,
or
for
the
spreading
of
the
fame
of
such
as
desired
to
be
renowned
for
valiant
men
.
It
will
be
superfluous
to
recount
the
particular
atchievements
formerly
attained
by
these
Ecclesiastical
men
;
the
former
Treatise
hath
already
said
what
was
thought
needful
concerning
that
.
For
the
future
,
I
shall
even
premise
this
,
that
the
ensuing
times
being
thus
blessed
with
a
Truce
,
or
stricter
League
between
the
Kings
and
Commons
;
the
errours
in
Government
more
readily
do
appear
;
the
corruptions
in
natures
of
men
more
frequently
discover
themselves
;
and
thereby
the
body
of
the
Statute-Laws
begins
to
swell
so
big
,
that
I
must
be
enforced
to
contract
my
account
of
them
into
a
narrower
compass
,
and
render
the
same
unto
the
Reader
,
so
far
forth
only
as
they
shall
concern
the
general
stream
of
Government
;
leaving
those
of
privater
regard
unto
every
mans
particular
consideration
,
as
occasion
shall
lead
him
.
For
whatever
other
men
please
to
insist
upon
,
this
I
take
for
a
Maxime
,
That
though
the
Government
of
a
King
is
declared
by
his
Actions
;
yet
the
Government
of
a
Kingdom
is
onely
manifested
by
ancient
Customs
,
and
publick
Acts
of
Parliament
.
And
because
I
have
undertaken
a
general
Survey
of
the
Reigns
of
thirteen
several
Kings
and
Queens
of
this
Nation
,
(
for
I
shall
not
exceed
the
issue
of
Henry
the
Eighth
)
and
to
handle
each
of
them
apart
,
will
leave
the
Reader
in
a
Wilderness
of
particulars
,
hard
to
comprehend
in
the
general
sum
;
I
shall
therefore
reduce
them
all
into
three
heads
,
viz.
Interest
of
Title
,
Interest
of
Prerogative
,
and
Interest
of
Religion
;
the
last
of
which
swayed
much
the
three
Children
of
Henry
the
Eighth
;
the
second
as
much
in
their
two
Ancestors
,
viz.
Henry
the
Eighth
,
and
Henry
the
Seventh
;
and
the
first
in
the
three
Henries
of
Lancaster
,
and
three
succeeding
Kings
of
the
House
of
York
.
And
because
Edward
the
Third
,
and
his
Grand-child
Richard
the
Second
,
do
come
under
none
of
these
Interests
,
I
shall
consider
them
joyntly
,
as
in
way
of
Exordium
to
the
rest
,
although
the
course
of
the
latter
was
as
different
from
the
former
,
as
Lust
falls
short
of
a
generous
Spirit
.
CHAP.
I.
A
sum
of
the
several
Reigns
of
Edward
the
Third
,
and
Richard
the
Second
.
SEveral
I
may
well
call
them
,
because
they
are
the
most
different
in
their
ways
and
ends
of
any
two
of
that
race
that
ever
swayed
their
Scepter
;
and
yet
the
entrance
of
the
first
,
gave
countenance
to
the
conclusion
of
the
last
.
For
the
Scepter
being
cast
away
or
lost
by
Edward
the
Second
,
it
was
the
lot
of
his
Son
Edward
the
Third
,
a
youth
of
Fifteen
years
of
age
,
to
take
it
up
:
he
knowing
whose
it
was
,
and
feeling
it
too
heavy
for
him
,
was
willing
enough
it
should
return
;
but
being
overswayed
by
Counsels
drawn
from
reason
of
State
,
and
pressed
thereto
by
those
that
resolved
not
to
trust
his
Father
any
more
,
he
wisely
chose
to
manage
it
himself
,
rather
than
to
adventure
it
in
another
hand
.
But
that
is
not
all
:
for
as
it
is
never
seen
that
the
Crown
doth
thrive
after
divorce
from
the
Scepter
,
but
like
a
blasted
Blossom
,
falls
off
at
the
next
gale
of
adversity
;
such
was
the
issue
to
Edward
the
Second
,
his
power
once
gone
,
his
Honour
followeth
soon
after
:
he
had
ceased
to
be
King
,
and
within
a
small
time
did
cease
to
be
Edward
.
His
Son
,
thus
made
compleat
by
his
Fathers
spoil
,
had
the
honour
to
be
the
Repairer
of
the
ruines
that
his
Father
had
made
;
and
was
a
Prince
which
you
might
think
by
his
story
to
be
seldom
at
home
,
and
by
his
Laws
seldom
abroad
.
Nor
can
it
be
reconciled
without
wonder
,
that
Providence
should
at
once
bestow
upon
England
,
a
courageous
People
,
brave
Captains
,
wise
Council
,
and
a
King
that
had
the
endowments
of
them
all
.
Otherwise
it
had
out-reached
conceit
it self
,
that
this
small
Island
,
wasted
by
the
Barons
Wars
,
the
people
beaten
out
of
heart
by
all
Enemies
in
the
time
of
the
Father
,
should
nevertheless
,
in
the
time
of
the
Son
,
with
honour
wade
through
so
many
difficulties
of
mighty
Wars
on
every
side
abroad
,
and
devouring
Pestilence
at
home
;
and
yet
lay
a
platform
of
an
opulent
,
wise
,
and
peaceable
Government
for
future
Generations
.
Yet
he
had
his
failings
and
misfortunes
;
a
great
part
whereof
may
be
attributed
to
infirmity
of
age
,
which
in
the
first
part
of
his
Reign
was
too
little
,
and
in
the
latter
part
too
much
.
True
it
is
,
that
Governours
of
the
persons
of
Kings
may
in
some
measure
supply
defects
of
Non-age
;
but
seldom
where
the
Governours
are
many
,
and
never
if
they
be
ambitious
.
And
it
was
this
King's
fate
to
miscarry
in
both
;
for
he
had
in
his
Youth
Twelve
Governours
by
constitution
,
and
they
,
two
supream
by
usurpation
,
viz.
the
Queen
and
Mortimer
,
till
they
were
both
consumed
in
the
flame
which
themselves
had
kindled
.
And
this
disparity
wrought
somewhat
unsuccessfully
in
the
King
's
first
War
:
For
the
generosity
of
his
spirit
(
himself
being
young
and
active
)
minded
his
Council
to
advise
him
employment
in
a
forrein
War
,
rather
than
they
would
adventure
its
motion
at
home
,
lest
it
might
prove
circular
;
which
is
most
dangerous
for
Government
,
if
the
Prince
be
not
under
command
of
himself
.
This
first
War
was
with
Scotland
,
whose
power
was
inferiour
to
that
of
France
;
the
King
young
,
and
the
danger
nearer
;
and
therefore
though
the
last
affront
was
from
France
,
that
more
fresh
in
memory
,
and
more
poinant
,
yet
the
King
was
advised
to
give
place
,
and
speak
fair
,
till
he
had
tried
masteries
with
Scotland
,
and
thereby
secured
his
Rear
.
This
he
wisely
hearkned
unto
,
and
met
with
such
a
successful
turn
of
Providence
,
that
like
an
O
Yes
,
before
a
Proclamation
,
gives
warning
to
Scotland
that
the
Wheel
is
turned
upon
them
;
and
that
there
is
somewhat
more
than
humane
motion
in
the
matter
,
that
exasperates
the
English
upon
an
enterprize
so
often
crossed
by
Providence
hitherto
;
and
the
King
also
(
being
but
a
Souldier
in
hope
as
yet
)
to
dare
against
those
that
had
so
shamefully
foiled
his
Father
,
and
also
put
himself
already
once
to
the
Retreat
.
And
yet
there
did
concur
a
kind
of
necessity
of
second
Causes
;
for
the
King
found
the
Crown
engaged
,
and
the
minds
of
the
Scots
so
elate
,
as
the
English-man's
case
was
not
to
live
to
fight
,
but
to
fight
to
live
;
and
so
imbittered
against
one
another
by
the
fierce
Wars
under
the
Barons
,
that
nothing
could
quench
the
fire
,
but
the
withdrawing
of
the
Brands
into
Forreign
action
;
like
some
angry
spirits
,
that
spoil
their
own
bodies
,
unless
they
chide
or
fight
it
out
with
others
.
In
the
first
brunt
with
Scotland
,
the
King
gained
nothing
,
but
understanding
of
the
humours
of
some
of
his
great
Lords
;
which
once
purged
out
,
he
renews
the
War
,
prevails
,
and
after
ten
years
stir
(
wherein
he
became
a
trained
Souldier
against
the
Scots
)
he
wan
the
Cross
,
and
then
goes
to
play
his
Prize
in
France
,
to
compleat
his
Crown
with
the
Flower-de-luce
:
Which
was
the
great
work
of
the
rest
of
his
Reign
,
in
which
four
parts
of
five
were
victorious
;
the
fifth
and
last
was
declining
,
like
some
Gamesters
,
that
win
at
the
first
,
and
for
want
of
observation
of
the
turning
of
the
Dice
,
come
off
losers
at
the
end
.
For
the
King
being
rather
satiated
than
satisfied
with
Victory
and
Honour
,
returned
home
to
enjoy
what
he
had
,
leaving
his
Son
,
the
Black
Prince
,
to
pursue
the
War
,
and
to
act
the
Souldiers
alone
,
who
now
began
to
honour
his
Valour
above
his
Father's
.
But
the
Tide
is
spent
,
the
Prince
of
Chivalry
dies
,
the
brave
Commanders
wasted
;
and
the
French
,
too
sickle
to
continue
subject
to
the
English
longer
than
needs
must
,
tack
about
for
another
adventure
,
and
make
it
plain
,
That
France
is
too
big
to
be
Garrison'd
by
England
,
and
that
it
will
cost
England
more
to
hold
it
than
to
have
it
.
His
Religion
was
more
to
the
purpose
,
than
of
any
of
his
Predecessors
since
the
Norman
times
:
He
re●lected
upon
God
in
common
events
,
more
ordinarily
than
the
general
stream
of
the
Clergie
did
in
those
days
.
His
chief
policy
at
home
,
was
,
to
be
much
at
home
,
great
with
his
People
,
and
they
great
with
him
:
what
the
Parliament
did
,
he
accounted
well
done
;
he
never
questioned
their
power
,
though
he
was
over-reached
in
questioning
their
Wisdom
.
For
he
that
shall
prefer
his
own
wisdom
above
that
of
the
Parliament
,
must
needs
think
himself
extreamly
wise
;
and
so
much
the
more
to
know
himself
to
be
such
.
But
the
worst
of
his
fate
was
,
to
live
to
his
Winter-age
,
and
after
fifty
years
Reign
,
or
more
,
to
die
in
his
minority
under
the
rule
of
a
woman
of
none
of
the
best
fame
,
after
he
had
enjoyed
the
honour
of
greatest
note
in
the
Christian
world
in
his
days
.
Such
was
not
Richard
the
Second
,
Black
Prince
of
Wales
,
a
renowned
Son
of
a
renowned
Father
;
but
(
as
a
Plant
transplanted
into
a
Savage
soyl
)
in
degree
and
disposition
wholly
degenerate
,
retaining
a
tincture
of
the
light
inconstancy
of
his
Mother
,
and
the
luxuriousness
of
his
great
Grandfather
Edward
the
Second
;
and
running
his
course
,
he
came
to
his
end
.
His
entrance
,
Religion
now
began
to
dawn
through
the
foggs
of
Romish
Usurpations
and
Superstitions
,
aided
thereto
by
a
Schism
in
the
Triple
Crown
,
that
continued
forty
years
,
with
much
virulancy
abroad
,
and
with
as
bad
influence
upon
our
Myters
at
home
.
Some
of
whom
were
called
Clementines
,
others
Vrbanists
;
and
yet
none
of
them
all
worthy
of
either
of
the
names
,
in
their
proper
signification
.
The
Laity
,
though
lookers
on
,
yet
were
not
quiet
:
For
though
Liberty
be
a
hopeful
thing
,
yet
it
is
dangerous
to
them
that
are
not
a
Law
to
themselves
,
especially
in
matter
of
Opinion
;
for
that
arraigns
the
Rule
,
and
lays
the
way
open
to
licentiousness
.
And
now
that
the
Liberty
from
the
Keys
began
to
be
taught
as
a
duty
of
Religion
,
the
inferiour
sort
meet
with
Doctrines
of
licentiousness
,
upon
mistake
of
the
notion
;
and
will
acknowledge
no
rule
,
now
they
must
be
all
at
liberty
:
And
thus
sprang
up
the
insurrection
of
the
Servants
and
Bond-men
against
their
Lords
and
Masters
under
Cade
and
Straw
;
that
might
have
brought
the
Commonwealth
into
a
hideous
Chaos
,
had
not
the
Lords
and
Great
men
betimes
bestirred
themselves
;
and
the
King
shewed
an
extraordinary
spirit
,
or
rather
a
kind
of
rage
,
that
put
it self
forth
beyond
the
ordinary
temper
of
his
mind
.
Much
of
this
mischief
was
imputed
to
Wickliff's
Doctrine
;
The
King's
minority
rendred
him
unequal
unto
these
contrary
motions
;
he
was
in
his
Eleventh
year
,
when
he
entred
the
Throne
;
and
(
which
was
worse
)
his
years
came
on
faster
than
his
parts
,
but
his
work
posted
before
them
all
.
The
common
help
of
Protectors
left
him
yet
more
unhappy
;
for
they
were
prepossessed
with
strong
engagements
of
particular
Interests
;
and
so
were
either
not
wise
enough
,
or
not
good
enough
for
all
.
This
brought
forth
a
third
inconvenience
,
the
change
of
Protectorship
;
and
that
change
of
Affairs
and
Interests
,
an
uncertain
good
that
brings
forth
a
certain
evil
;
for
variety
of
Instruments
and
Interests
move
several
ways
,
and
though
the
end
be
one
,
the
difference
concerning
the
way
many
times
doth
as
much
hinder
the
Journey
,
as
so
many
blocks
in
the
way
.
The
Protectorship
was
thrice
changed
;
the
King's
Uncles
had
the
first
essay
;
any
one
of
them
was
big
enough
for
one
Kingdom
,
but
all
of
them
together
were
too
great
to
make
one
Protector
.
The
Duke
of
Lancaster
would
have
done
well
alone
,
if
he
had
been
alone
,
and
minded
that
work
alone
;
but
he
being
somewhat
engaged
with
the
Wickliffists
,
and
so
entangled
with
the
Clergy
,
and
other
restless
spirits
,
and
drawn
off
by
his
private
aim
at
the
Crown
of
Castile
,
saw
this
work
too
much
;
and
so
he
warily
withdrew
himself
,
leaving
the
Directory
to
a
Committee
of
Lords
:
a
soveraign
Plaister
,
questionless
,
where
the
times
are
whole
;
but
not
for
these
distractions
,
wherein
even
the
Committee
it self
suffered
its
share
.
Thus
the
breach
is
made
the
wider
;
and
for
a
cure
of
all
,
the
Government
is
committed
into
one
hand
,
wherein
the
Earl
of
Warwick
acquitted
himself
well
,
for
he
was
wise
enough
to
observe
such
as
the
people
most
honoured
.
And
thus
passed
over
the
two
first
years
of
the
King's
Reign
.
The
remainder
of
the
King's
minority
,
was
rather
in
common
repute
than
in
true
account
.
For
the
King
,
however
young
,
took
little
more
from
the
Protector
than
he
saw
meet
,
to
colour
his
own
commands
with
opinion
of
Regularity
;
and
so
his
Will
came
to
full
strength
before
his
Wisdom
budded
.
Thus
lifted
up
,
he
sets
himself
above
all
interests
of
Parliaments
,
Protectors
,
Counsellors
,
Uncles
,
Wise
men
,
and
Law
;
leaving
them
all
to
be
rules
for
those
below
.
And
so
long
as
the
King's
desire
is
thus
served
,
he
is
content
to
be
reputed
a
Minor
,
and
be
as
it
were
under
protection
of
others
,
though
not
under
their
direction
;
and
is
content
to
continue
thus
until
his
Two
and
twentieth
year
.
Some
might
think
him
very
moderate
,
had
he
been
moderate
;
but
he
forbears
suing
out
his
Livery
,
so
long
as
he
may
live
without
care
,
and
spend
without
controul
.
For
by
this
time
the
humour
of
his
great
Grandfather
budded
in
him
;
he
pawned
his
Heart
to
young
men
of
vast
desires
,
and
some
say
so
inordinately
,
as
he
prostituted
his
Chastity
unto
them
.
And
it
is
no
wonder
if
the
Revenues
of
the
Crown
are
insufficient
for
such
Masters
.
This
the
people
soon
felt
,
and
feared
their
own
Free-holds
:
for
they
are
bound
,
saith
he
,
not
to
see
the
Crown
deflowred
for
want
of
maintenance
;
it
is
very
true
,
nor
to
see
the
Crown
deflowred
of
its
maintenance
.
A
Parliament
therefore
is
called
;
in
which
divers
Lords
associate
,
and
prepare
Physick
for
the
King
's
lavish
humour
;
It
was
an
Act
of
Parliament
that
gave
power
to
Fourteen
Lords
and
others
to
regulate
the
profits
and
Revenues
of
the
Crown
,
and
to
do
Justice
to
the
people
;
this
was
to
continue
for
one
whole
year
.
The
Parasites
no
sooner
found
the
effect
hereof
to
their
cost
,
but
the
King
grows
sick
of
it
,
and
finds
an
Antidote
to
over-rule
Acts
of
Parliament
,
by
Acts
of
Privy-Council
;
declares
this
ill-favoured
Commission
void
,
and
the
Contrivers
,
Advisers
,
and
Enforcers
,
Traytors
.
To
make
it
more
Majestical
,
he
causeth
the
Judges
to
subscribe
this
Order
,
and
so
it
becomes
Law
in
repute
.
This
foundation
thus
laid
,
he
buildeth
in
haste
an
Impeachment
of
these
Commissioners
of
High
Treason
;
and
supposing
that
they
would
not
readily
stoop
,
himself
stoops
lower
;
for
he
would
put
his
Right
to
trial
by
Battle
,
which
was
already
his
own
by
the
judgement
of
the
Masters
of
the
Law
:
For
so
they
may
be
well
called
,
seeing
they
had
thus
mastered
it
.
In
this
the
King
had
the
worst
,
for
he
lost
his
Honour
and
himself
:
God
hath
a
care
of
common
Right
,
even
amongst
Idolaters
.
Then
comes
the
Parliament
of
wonders
,
wherein
the
Kings
Party
are
declared
Traytors
,
and
the
chief
Judges
with
their
Law
judged
by
another
Law.
The
King
not
meddled
with
,
thinks
it
high
time
to
come
out
of
his
Minority
,
and
assumes
the
Government
of
the
Kingdom
,
and
himself
,
to
himself
,
being
now
Three
and
twenty
years
of
Age
;
old
enough
to
have
done
well
,
if
he
had
cared
for
it
.
But
resolving
to
follow
the
way
of
his
own
will
,
at
length
it
led
him
to
his
own
ruine
.
Onely
for
the
present
two
things
delayed
it
,
viz.
the
Authority
,
Wisdom
,
and
Moderation
of
his
Unkles
,
especially
of
the
Duke
of
Lancaster
,
now
come
out
of
Spain
;
and
the
great
affection
which
the
King
pretended
to
the
Queen
,
who
had
also
gained
a
good
opinion
amongst
the
people
.
The
benevolent
aspect
of
the
people
,
not
for
their
own
advantage
,
but
for
the
publick
quiet
,
procured
many
Parlies
and
Interviews
between
the
King
and
people
,
and
many
Laws
for
the
upholding
of
the
Court
and
Government
;
although
both
War
,
Laws
,
Justice
,
and
Councils
,
all
are
faint
,
as
all
is
faint
in
that
man
that
hath
once
dismann'd
himself
.
This
he
perceives
well
enough
,
and
therefore
Peace
he
must
have
by
any
means
.
The
Queen
dies
;
himself
being
nigh
Eight
and
twenty
years
old
;
takes
a
Creature
like
a
Wife
,
but
in
truth
a
Childe
of
Eight
years
old
,
and
this
is
to
get
peace
with
France
.
It
is
no
wonder
if
now
he
hunts
after
unlawful
game
,
and
that
being
ill
taken
,
brings
all
things
out
of
order
;
For
abused
Marrige
never
wants
wo.
Civil
men
are
now
looked
upon
as
severe
Cato's
;
and
his
Unkles
,
especially
the
Duke
of
Gloucester
,
with
a
jealous
eye
;
which
accomplished
his
death
in
the
conclusion
.
The
Dukes
of
Lancaster
and
York
forsake
the
Court
,
Favourites
step
into
their
rooms
.
The
old
way
of
the
eleventh
year
is
re-assumed
;
Belknap
and
others
are
pardoned
,
and
made
of
the
Cabinet
.
The
pardon
of
the
Earl
of
Arundel
is
adnulled
,
contrary
to
the
advice
of
the
major
part
;
and
the
Archbishop
,
the
Earl's
Brother
,
is
banished
.
The
Lords
forsake
the
wilful
King
;
still
the
King's
Jealousie
swells
.
The
Duke
of
Hertford
is
banished
,
or
rather
by
a
hidden
Providence
sent
out
of
the
way
for
a
further
work
.
The
Duke
of
Lancaster
dies
,
and
with
him
all
hope
of
moderation
is
gone
;
for
he
was
a
wise
Prince
,
and
the
onely
Cement
that
held
the
Joynts
of
the
Kingdom
in
correspondency
:
And
he
was
ill
requited
,
for
all
his
Estate
is
seized
upon
.
The
Duke
of
Hertford
and
his
party
are
looked
upon
by
the
people
as
Martyrs
in
the
Common
Cause
,
and
others
as
Royalists
.
Extremities
hasten
on
;
and
Prerogative
,
now
upon
the
wing
,
is
towering
above
reach
.
In
full
Parliament
,
down
goes
all
the
work
of
the
tenth
and
eleventh
years
Parliament
:
which
had
never
been
,
if
that
Parliament
had
continued
by
adjournment
.
The
King
raiseth
a
power
,
which
he
calleth
his
Guard
,
of
Cheshire-men
;
under
the
terrour
of
this
displaying
Rod
,
To
purpose
and
endeavour
to
depose
the
King
,
or
levy
War
against
him
,
or
to
withdraw
his
Homage
,
hereof
being
attainted
in
Parliament
.
And
now
he
thought
he
was
well
guarded
by
engagement
from
the
Parliament
;
but
he
missed
the
right
conclusion
,
for
want
of
Logick
:
For
if
the
Parliament
it self
shall
depose
him
,
it
cannot
be
made
a
Traytor
,
or
attaint
it self
,
and
then
hath
the
King
gained
no
more
than
a
false
birth
.
But
the
King
was
not
thus
quiet
,
the
sting
of
guilt
still
sticks
within
,
and
for
remedy
he
will
unlaw
the
Law
;
and
gets
it
enacted
,
That
all
procurers
of
the
Statute
of
10
Richard
the
Second
,
and
the
Commission
and
procurers
of
the
King's
assent
thereto
,
and
hinderers
of
the
King's
proceedings
,
are
adjudged
Traytors
.
All
these
reach
onely
the
Branches
,
the
Root
remains
yet
,
and
may
spring
again
;
and
therefore
in
the
last
place
have
at
the
Parliament
it self
.
For
by
the
same
it
is
further
declared
,
That
the
King
is
the
sole
Master
of
the
Propositions
for
matters
to
be
treated
in
Parliament
,
and
all
gainsayers
are
Traitors
.
Secondly
,
That
the
King
may
dissolve
the
Parliament
at
his
pleasure
,
and
all
gainsayers
are
Traitors
.
Thirdly
,
That
the
Parliament
may
not
proceed
against
the
King's
Justices
,
for
offences
by
them
committed
in
Parliament
,
without
the
King's
consent
;
and
all
gainsayers
are
Traitors
.
These
and
the
like
Aphorisms
once
voted
by
the
Cheshire-men
,
assented
unto
by
the
Parliament
,
with
the
Kings
Fiat
,
must
pass
for
currant
to
the
Judges
;
and
if
by
them
confirmed
or
allowed
,
will
in
the
King's
opinion
make
it
a
Law
for
ever
,
That
the
King
in
all
Parliaments
is
Dominus
fac
primum
,
and
Dominus
fac
totum
.
But
the
Judges
remembred
the
Tenth
year
,
and
Belknap's
entertainment
,
and
so
dealt
warily
;
their
opinion
is
thus
set
down
:
It
belongeth
to
the
Parliament
to
declare
Treason
;
yet
if
I
were
a
Peer
,
and
were
commanded
,
I
should
agree
.
So
did
Thorning
under-write
;
and
thereunto
also
consented
Rickill
,
and
Sir
Walter
Clopton
▪
the
last
being
Chief-Justice
of
the
King's
Bench
,
the
first
Chief-Justice
of
the
Common-pleas
,
and
the
second
another
Judge
of
the
same
Bench.
The
sum
in
plainer
sence
is
,
that
if
they
were
Peers
,
they
would
agree
;
but
as
Judges
,
they
would
be
silent
.
And
thus
the
Parliament
of
England
by
the
first
of
these
four
last-mentioned
conclusions
attainted
themselves
;
by
the
second
yielded
up
their
Liberties
;
by
the
third
their
Lives
;
and
by
the
last
,
would
have
done
more
,
or
been
less
:
And
to
fill
up
the
measure
of
all
,
they
assigned
over
a
right
of
Legislative
power
unto
six
Lords
,
and
three
Commons
;
and
yet
the
King
,
not
content
,
superadded
,
that
it
should
be
Treason
for
any
man
to
endeavour
to
repeal
any
of
their
determinations
.
The
Commonwealth
thus
underneath
,
the
King
tramples
upon
all
at
once
;
for
having
espied
the
shadow
of
a
Crown
fleeting
from
him
in
Ireland
,
he
pursues
it
,
leaves
the
noble
Crown
of
England
in
the
base
condition
of
a
Farm
,
subject
to
strip
and
waste
by
mean
men
,
and
crosses
the
Irish
Seas
with
an
Army
.
This
was
one
of
England's
Climacterical
years
,
under
a
Disease
so
desperate
,
that
no
hope
was
left
but
by
a
desperate
Cure
,
by
sudden
bleeding
in
the
Head
,
and
cutting
off
that
Member
that
is
a
principle
of
motion
in
the
Body
.
For
it
was
not
many
Moneths
e're
the
wind
of
affairs
changed
;
the
King
now
in
Ireland
,
another
steps
into
the
Throne
.
The
noise
hereof
makes
him
return
,
afar
off
enraged
;
but
the
nigher
he
comes
,
the
cooler
he
grows
;
his
Conscience
revives
,
his
Courage
decays
;
and
leaving
his
Army
,
his
Lordship
,
Kingdom
,
and
Liberty
behind
,
as
a
naked
man
,
submits
himself
to
release
all
Homage
and
Fealty
;
to
resign
his
Crown
and
Dignity
,
his
Titles
and
Authority
;
to
acknowledge
himself
unworthy
and
insufficient
to
reign
;
to
swear
never
to
repent
of
his
resignation
:
And
thus
,
if
he
will
have
any
quiet
,
this
wilful
man
must
be
content
for
the
future
,
neither
to
will
nor
desire
.
And
poor
England
must
for
a
time
be
contented
with
a
doleful
condition
,
in
which
the
King
cannot
rule
,
and
the
Parliament
will
not
,
and
the
whole
body
like
a
Chaos
capable
of
any
form
that
the
next
daring
spirit
shall
brood
upon
it
.
CHAP.
II.
Of
the
State
of
the
King
and
Parliament
,
in
relation
of
it
to
him
,
and
him
to
it
.
A
King
in
Parliament
is
like
the
first-born
of
Jacob
,
The
excellency
of
Dignity
,
and
the
excellency
of
Power
;
but
alone
,
unstable
as
water
.
Examples
of
both
these
we
have
in
these
two
Kings
,
Whereof
the
first
was
Crowned
by
the
Parliament
,
and
Crowned
it
;
the
latter
also
Crowned
it
,
but
with
Thorns
;
and
yet
the
Parliament
in
all
held
on
that
wise
way
,
that
it
neither
exceeded
its
own
bounds
,
nor
lost
its
own
right
.
I
shall
enter
into
the
consideration
of
particulars
under
these
heads
:
First
,
In
relation
more
immediately
to
the
interest
of
the
King
:
Secondly
,
To
the
interest
of
the
Kingdom
in
general
.
The
King
,
though
higher
than
all
the
people
by
the
head
,
and
so
hath
the
Prerogative
of
Honour
as
the
most
worthy
,
yet
his
strength
and
abilities
originally
do
rise
from
beneath
;
otherwise
,
he
is
but
like
a
General
without
an
Army
,
the
Title
big
,
but
airy
;
and
many
times
his
person
subject
to
so
much
danger
,
that
instead
of
drawing
the
Eyes
of
all
the
people
to
look
upon
him
with
admiration
,
they
are
drawn
to
look
to
him
with
observation
;
and
in
this
respect
he
may
be
said
to
be
less
his
own
man
,
and
more
the
Kingdoms
,
than
any
of
the
inferiour
sort
.
This
befel
in
both
these
Kings
in
a
special
manner
;
each
entring
upon
the
grand
Government
of
a
Kingdom
,
before
they
were
able
to
understand
the
work
,
or
govern
themselves
:
and
therefore
were
under
power
of
Protectors
for
the
guard
of
their
Persons
and
their
Education
,
and
of
the
Parliament
for
Counsel
and
Direction
in
Cases
relating
to
the
Kingdom
.
The
child
of
a
mean
man
,
when
its
Parents
are
dead
,
is
Filius
Amici
;
but
a
King
is
Filius
Populi
,
to
be
by
them
trained
up
in
such
manner
,
that
he
may
be
Pater
Populi
when
he
is
come
to
age
.
In
the
mean
time
,
though
he
be
a
King
,
yet
his
Person
like
a
precious
Jem
must
not
out
of
the
Ring
,
but
must
be
directed
by
Council
,
though
under
some
kind
of
restraint
,
and
the
Counsellors
all
the
while
no
Offenders
in
such
cases
against
the
Prerogative
Royal.
That
his
Family
is
less
his
own
,
as
he
is
a
man
,
than
other
mens
:
For
private
Families
are
no
further
under
the
publick
Law
,
than
in
relation
to
the
publick
Peace
,
to
punish
after
breach
made
;
but
the
Families
of
Kings
are
looked
upon
by
all
in
relation
to
the
honour
and
profit
of
the
Publick
;
not
onely
because
the
King's
servants
have
,
by
their
nigh
attendance
upon
his
person
,
a
more
powerful
influence
into
his
actions
,
which
may
reflect
a
malevolent
Aspect
upon
the
whole
course
of
affairs
,
if
they
be
not
better
ordered
that
are
so
nigh
him
;
but
more
especially
in
regard
that
the
government
and
order
of
the
Royal
Family
trencheth
deep
upon
the
Honour
of
the
Kingdom
,
and
Purses
of
the
People
,
who
are
concerned
to
see
the
same
accommodated
suitable
to
the
State
and
Port
which
the
Nation
would
bear
forth
to
the
World.
And
therefore
for
the
Parliament
to
intermeddle
in
the
King's
Family
,
is
not
foreign
nor
new
.
Alice
Piers
was
a
Familiar
,
if
not
of
the
Family
of
Edward
the
Third
;
yet
both
her self
,
and
others
of
that
Family
,
were
complained
of
as
a
grievance
.
Richard
the
Second
was
once
a
young
man
,
and
ever
a
young
King
;
and
what
Edward
the
Third
wanted
onely
in
his
Youth
,
and
in
his
infirm
old
Age
,
this
man
ever
wanted
:
for
he
that
knew
not
how
to
govern
himself
,
how
much
less
could
he
govern
his
Family
?
And
if
in
this
condition
the
Parliament
become
his
Stewards
,
to
set
a
yearly
Survey
and
Check
upon
his
Servants
and
Family
,
in
order
to
the
good
order
of
the
same
and
Kingdom
,
other
wise
men
must
conclude
,
Thirdly
,
the
King's
Revenue
was
under
the
check
and
controul
of
the
Parliament
;
for
it
befals
some
Princes
,
as
other
men
,
to
be
sometimes
poor
in
abundance
,
by
riotous
flooding
treasure
out
in
the
lesser
currents
,
and
leaving
the
greater
channels
dry
.
This
is
an
insupportable
evil
,
because
it
is
destructive
to
the
very
being
of
affairs
,
whether
for
War
or
Peace
.
For
the
King's
Treasure
is
of
a
mixt
nature
,
much
of
it
being
intended
for
publick
service
,
as
himself
is
a
publick
person
.
And
for
this
cause
he
hath
Officers
of
several
natures
attending
upon
his
Treasury
:
Some
for
Land
,
some
for
Sea
,
some
for
the
general
Treasure
of
the
Kingdom
,
some
for
that
of
the
Houshold
,
and
some
for
the
Privy
Purse
.
The
common
end
of
all
being
to
maintain
State
in
time
of
Peace
,
and
Strength
against
time
of
War
.
Because
it
is
no
easie
matter
to
maintain
the
just
proportions
for
each
of
the
said
ends
,
it
is
the
less
wonder
that
such
a
brave
Prince
as
Edward
the
Third
should
labour
under
want
for
maintenance
of
the
Wars
;
and
so
lavish
a
Spendthrift
as
Richard
the
Second
,
should
labour
under
more
want
to
maintain
his
port
and
countenance
in
peace
.
And
therefore
,
though
it
be
true
that
the
publick
Treasure
is
committed
to
the
King
as
the
chief
Steward
of
the
Realm
;
yet
it
is
as
true
,
that
he
is
but
a
Steward
,
and
that
the
Supreme
survey
of
the
Treasure
resteth
in
the
Parliament
,
who
are
to
see
that
the
Treasure
be
not
irregularly
wasted
,
to
reduce
the
same
into
order
;
and
for
that
end
to
call
the
Treasurers
and
Receivers
to
account
,
to
see
to
the
punishing
of
such
as
are
unfaithful
,
and
encouraging
of
others
that
are
faithful
.
For
when
by
extravagant
courses
the
Treasure
is
wasted
,
by
extraordinary
courses
it
must
be
supplied
;
which
ever
is
out
of
the
Subjects
Purses
.
And
in
such
cases
it
is
great
reason
that
they
should
observe
which
way
the
course
lies
of
such
Expences
.
If
then
in
such
cases
sometimes
the
Parliament
hath
stayed
the
issuing
out
of
the
King's
Revenue
for
some
time
,
or
otherwise
viewed
and
examined
the
same
,
E.
3.
n.
29.
14
R.
2.
n.
15.
limited
it
to
certain
uses
,
publick
Treasure
as
they
saw
most
need
.
old
Revenues
of
the
Crown
,
new
Impositions
,
Levies
,
and
Assessments
laid
upon
the
People
,
even
what
they
pleased
,
and
in
what
manner
they
thought
meet
,
and
not
otherwise
.
Aids
are
lawful
,
if
they
be
legally
given
by
common
consent
of
Parliament
.
Taxes
,
if
legally
given
by
Parliament
,
are
no
less
lawful
;
but
the
King
must
not
demand
them
,
because
the
Subject
hath
no
means
to
recover
the
debt
.
Act
of
Resumption
;
and
thereby
taught
Kings
to
look
to
their
Honour
better
for
the
future
,
Fourthly
,
an
English
King
is
no
Out-law
;
nor
can
he
do
any
wrong
,
though
the
man
may
.
He
hath
a
double
relation
,
one
as
a
King
,
the
other
as
a
Man
;
and
the
uniting
of
both
in
one
person
,
hath
cheated
many
a
man
of
his
judgment
in
the
case
of
Prerogative
.
He
hath
a
double
Will
,
and
these
many
times
contrary
,
equally
as
in
other
Relations
;
and
in
this
contrariety
,
sometimes
the
King
overcomes
the
Man
,
and
sometimes
the
Man
the
King
:
so
as
if
any
man
,
the
King
hath
much
more
cause
to
cry
out
,
O
miserable
man
!
These
divers
Wills
are
generally
led
by
divers
Rules
:
One
of
a
man
,
which
many
times
reacheth
no
higher
than
the
Affections
;
and
if
the
man
be
weak
,
they
deserve
little
better
name
than
Lusts.
The
rule
of
a
King
is
Law
,
or
Councils
,
of
these
in
place
;
and
unto
these
in
all
prudentials
,
he
must
submit
his
Judgment
and
Will
,
as
he
is
a
King.
Nor
can
he
do
otherwise
,
unless
he
will
presume
to
be
wiser
than
his
Council
.
Suitable
hereunto
doth
that
clause
in
one
of
the
Statutes
of
these
times
conclude
,
viz.
That
the
King
is
bound
by
his
Oath
,
to
pass
all
Laws
that
are
for
the
good
of
the
Kingdom
.
For
were
the
power
of
Election
,
or
determination
of
the
point
,
onely
in
the
King
,
then
were
the
Oath
in
vain
;
nor
is
the
Parliament
at
all
(
in
case
of
the
King's
dissent
)
to
judge
of
the
convenience
or
inconvenience
of
Proposals
made
for
the
good
of
the
whole
body
,
That
it
is
their
proper
work
,
in
Cases
needful
,
to
do
right
to
such
as
are
wronged
by
the
King
:
his
Command
is
no
Warrant
in
such
Cases
.
To
have
mercy
on
whom
he
will
have
mercy
.
Ever
since
this
Nation
had
learned
to
read
the
Bible
,
Murther
hath
been
excepted
from
mercy
;
nor
did
the
Law
ever
allow
any
King
that
Prerogative
to
pardon
that
.
Edward
the
Third
did
not
challenge
any
such
,
Acts
of
State
declaring
the
same
:
That
it
is
not
the
King's
Will
,
though
supported
by
the
Council
of
Lords
,
and
backed
by
the
Opinion
of
the
Judges
,
that
must
be
a
Rule
for
the
Government
of
this
Kingdom
;
nor
doth
any
Allegiance
bind
Obedience
thereunto
,
in
case
where
Justice
or
the
Liberty
of
the
People
is
concerned
.
Three
things
yet
remain
which
Kings
have
claimed
to
be
their
own
,
viz.
Conferring
Titles
of
Honour
,
and
Places
of
Trust
,
and
the
Legislative
Power
.
The
first
is
but
a
Feather
,
and
not
worthy
of
regard
;
yet
it
is
plain
that
these
times
produce
many
precedents
of
Dukes
,
Marquesses
,
and
Earls
,
made
in
Parliament
;
and
possibly
it
may
be
apparent
,
that
the
first
motion
of
any
such
Title
of
Honour
,
did
first
fetch
its
original
thence
,
if
not
in
the
Field
:
but
it
is
not
worthy
of
the
labour
.
The
second
is
more
considerable
;
viz.
The
power
of
conferring
Places
of
Publick
Trust
:
This
Kings
have
pretended
unto
,
although
in
course
of
congruity
it
will
be
thought
more
meet
,
that
it
belongeth
rather
to
that
chief
and
grand
Trust
of
the
whole
Kingdom
committed
to
the
Parliament
:
And
the
practice
of
these
times
is
not
much
discrepant
,
whether
we
regard
such
as
are
for
advice
or
execution
.
Of
the
first
of
these
,
are
those
whom
we
commonly
call
,
the
Privy
Council
,
whose
advice
in
course
toucheth
first
upon
the
King's
Person
,
but
by
reflection
worketh
strong
impressions
upon
the
People
,
so
far
as
the
influence
of
the
King's
power
extends
.
And
therefore
it
is
not
beyond
the
Sphear
of
the
Parliament
to
interpose
and
qualifie
that
influence
,
so
as
it
may
be
for
the
general
good
of
the
whole
Kingdom
.
For
many
times
Kings
are
either
above
or
beneath
themselves
;
and
in
such
cases
,
if
the
Council
be
of
the
King's
suit
,
he
is
of
the
deeper
dye
,
and
proves
more
Malignant
to
the
People
.
Edward
the
Third
,
growing
into
great
opinion
in
the
World
,
his
proportion
exceeds
his
own
portion
,
and
the
Peoples
good
wills
to
boot
;
Chancellors
,
Judges
,
and
Justices
;
or
to
confirm
or
displace
them
,
or
bind
them
by
Oath
.
The
Rolls
of
the
eighth
,
fourteenth
,
fifteenth
,
and
thirty-sixth
years
of
Edward
the
Third
;
and
the
sixth
,
tenth
,
and
eleventh
years
of
Richard
the
Second
,
do
manifest
this
sufficiently
.
I
have
done
with
the
Subject-matter
,
or
work
of
the
Parliament
,
in
the
mutual
relation
of
the
King
and
it
;
the
manner
of
proceeding
was
either
joyntly
with
the
King
,
or
without
him
;
and
either
joyntly
with
the
two
Houses
,
or
severally
;
and
either
immediately
by
themselves
,
or
their
Committees
.
As
touching
the
first
,
it
is
evident
,
that
in
all
matters
wherein
gain
ariseth
to
the
Crown
from
the
people
,
by
Subsidy
,
or
otherwise
,
the
strength
of
the
Grant
by
Act
of
Parliament
resteth
in
the
two
Houses
;
and
that
the
King's
Assent
is
but
pro
forma
,
as
touching
that
matter
;
and
therefore
such
Grants
have
been
made
as
tended
in
some
measure
to
derogate
either
from
the
King's
Wisdom
,
care
,
or
fidelity
;
yet
even
these
have
passed
with
the
Royal
Assent
,
though
the
full
Assent
or
good
will
of
the
person
of
the
King
was
not
correspondent
thereto
:
as
in
these
Cases
formerly
noted
,
where
Subsidies
were
given
with
Limitations
and
Conditions
,
and
upon
rendring
account
to
the
people
.
And
it
is
as
evident
,
that
where
the
King's
person
is
disabled
to
understand
,
Royal
Assent
can
bear
little
weight
with
it
;
Royal
Assent
in
these
times
,
than
a
trick
that
Edward
the
Third
plaid
in
the
midst
of
the
fullest
strength
of
his
Government
.
It
was
in
time
of
War
,
which
never
is
time
of
good
Husbandry
and
laying
up
,
nor
of
sober
advice
in
laying
out
,
nor
of
equity
in
levying
and
collecting
moneys
for
the
Nerves
of
War
.
This
forward
Warrier
,
in
the
heat
of
his
Atchievements
,
finds
his
strength
benummed
for
want
of
money
;
he
leaves
off
,
comes
home
,
rages
against
his
Archbishop
,
to
whom
he
had
committed
the
care
of
provision
for
his
War
;
and
the
Archbishop
as
hotly
falls
upon
some
of
the
Treasury
in
the
Army
on
the
one
side
,
and
upon
others
in
the
Country
;
dissembled
with
his
Parliament
;
and
what
he
did
was
done
by
duress
of
mind
,
to
please
for
the
time
,
Whether
a
King
can
dissemble
with
his
Parliament
?
Secondly
,
Whether
Edward
the
Third
his
dissembling
assent
makes
a
Law
?
Lastly
,
Whether
by
a
Proclamation
,
by
advice
of
Nobles
and
Wise
men
,
he
can
declare
that
he
dissembled
with
his
Parliament
,
and
therein
not
dissemble
the
Royal
Assent
,
so
as
to
bring
all
the
Laws
made
in
any
Kings
time
into
question
,
at
least
during
his
Life
?
However
the
result
may
be
,
it
is
evident
,
the
Royal
Assent
gets
no
honour
hereby
,
and
the
Statute
as
little
,
that
hath
suffered
this
Proclamation
all
this
time
to
pass
among
the
number
of
the
Statutes
in
Print
as
a
Law
,
whenas
many
Statutes
that
are
Laws
of
not
,
are
left
out
as
useless
.
Although
in
the
general
,
the
two
Houses
joyned
in
every
Act
Ad
extra
,
yet
Ad
intra
,
and
in
relation
one
to
another
,
they
had
their
several
operations
;
the
House
of
Commons
intermedled
more
in
the
matter
of
Fact
,
the
House
of
Lords
in
matter
of
Right
;
although
in
either
of
these
there
is
a
mutual
aspect
from
both
.
In
matters
of
Judicature
,
much
rested
with
the
Lords
,
and
therefore
it
is
ordained
,
that
,
The
House
of
Lords
shall
remedy
all
offences
contrary
to
the
Law
of
Magna
Charta
.
And
in
cases
where
no
remedy
is
left
,
determined
in
Parliament
,
and
the
King
shall
command
execution
to
be
done
according
to
the
Judgement
of
the
Peers
.
Which
Laws
seem
to
be
but
declarative
of
the
former
Law
,
and
in
the
nature
of
reviving
that
power
into
Act
which
was
formerly
laid
asleep
;
and
doth
strongly
imply
that
the
ultimate
act
in
Judicature
rested
with
the
Lords
,
in
relation
not
onely
to
the
House
of
Commons
,
but
also
in
relation
to
the
King
,
whose
work
in
such
cases
is
,
not
to
judge
above
or
with
the
Peers
,
but
to
execute
their
sentence
.
And
that
carries
with
it
a
List
,
whereby
the
power
of
a
King
may
appear
not
to
be
so
Supreme
in
making
of
the
Law
,
as
some
would
have
it
:
for
if
his
Judgement
and
Conscience
be
bound
by
the
Votes
of
the
Peers
in
giving
a
Law
,
in
case
of
a
particular
person
where
the
Law
was
not
formerly
known
,
let
others
judge
of
the
value
of
this
Negative
Vote
,
in
giving
Law
to
the
whole
Kingdom
.
It
is
true
,
that
this
Parliament
was
quarrelled
by
the
King
,
and
he
kept
it
at
a
bay
by
a
Proclamation
that
pretended
Revocation
,
as
far
as
a
Proclamation
could
revoke
an
Act
of
Parliament
;
but
it
effected
nothing
,
nor
did
the
contest
last
long
.
Now
though
this
Jurisdiction
thus
rested
in
the
House
of
Lords
,
in
such
cases
,
as
well
as
in
others
;
yet
is
it
not
so
originally
in
them
,
as
to
be
wholly
theirs
,
and
onely
as
they
shall
order
it
.
For
the
Commons
of
England
have
a
right
in
the
course
and
order
of
Jurisdiction
,
which
(
as
the
known
Law
)
is
part
of
their
Liberty
;
and
in
the
speedy
execution
of
Justice
,
as
well
as
they
have
right
to
have
Justice
done
.
And
therefore
,
whereas
in
Cases
of
Errour
,
I
will
conclude
this
Chapter
with
the
Constitution
of
the
Parliament
in
these
times
.
For
,
the
difficulties
that
befel
between
the
Kings
and
their
people
,
or
Houses
of
Parliament
,
wrought
two
sad
effects
,
viz.
A
propensity
to
decline
calling
of
Parliaments
so
often
as
was
used
and
expected
;
and
when
it
assembled
,
as
great
a
propensity
in
the
Members
to
decline
their
attendance
:
The
first
of
these
was
fatal
and
destructive
to
good
Government
:
for
though
in
distempered
Parliaments
it
is
good
to
withdraw
,
yet
in
distempered
times
it
is
necessary
to
meet
,
and
gain
a
right
understanding
of
all
parties
;
and
therefore
these
times
were
so
happy
as
to
bind
themselves
by
publick
Acts
of
State
to
re-continue
the
assembling
of
Parliaments
.
For
the
face
of
the
Times
represented
unto
all
,
that
agitations
were
like
to
be
quick
,
violent
,
and
to
continue
for
some
succession
of
time
.
It
is
therefore
safe
,
if
not
necessary
,
that
every
eye
should
be
open
,
and
Councils
ready
for
every
occasion
.
A
Law
at
length
is
agreed
upon
,
that
A
Parliament
shall
be
holden
once
every
year
,
or
more
,
if
need
be
But
in
Thirty
years
the
power
of
this
Law
is
wasted
out
of
mind
,
and
the
evil
reviving
,
That
all
such
Members
as
decline
their
appearance
at
the
Parliament
,
after
Summons
made
,
shall
be
amerced
,
and
the
Sheriffs
likewise
that
shall
neglect
return
of
Summons
.
And
the
Statute
implyeth
that
it
was
no
introduction
of
a
new
Law
,
but
a
reviving
of
former
Law
now
or
lately
disused
,
or
a
Custom
now
out
of
custom
.
And
to
take
away
all
objection
in
point
of
charges
and
expences
,
another
Law
was
made
to
establish
the
Assessments
,
I
shall
conclude
with
this
,
That
the
Parliament
,
though
,
like
a
Garment
,
it
sometimes
covers
the
goodly
feature
and
proportion
of
a
well-composed
body
,
yet
it
keeps
the
same
warm
,
and
as
a
Shield
is
first
in
all
dangers
,
and
meets
with
many
a
knock
which
the
body
feels
not
;
this
is
their
work
and
reward
.
It
is
true
,
that
in
the
wearing
it
is
felt
heavy
;
but
it
is
the
easier
born
,
if
it
be
duly
considered
,
that
it
is
better
to
be
so
cloathed
,
than
to
be
naked
.
CHAP.
III.
Of
the
Privy-Council
,
and
Condition
of
the
Lords
.
THe
latter
must
make
way
for
the
former
;
for
according
to
their
personal
esteem
in
their
own
Countries
,
such
is
their
Authority
at
the
Board
in
joynt
Councils
.
And
it
was
one
point
of
happiness
in
a
sad
time
of
War
,
that
all
men
looked
one
way
.
The
Lords
were
much
addicted
to
the
Field
,
and
could
do
much
with
Edward
the
Third
,
who
was
a
brave
Leader
;
and
more
with
the
people
,
who
had
been
so
long
time
used
to
the
rough
Trade
of
Souldiery
,
that
they
loved
not
to
be
at
home
about
matters
of
Husbandry
,
wherein
they
had
so
little
experience
.
And
having
so
fair
a
Garland
in
their
eye
as
France
,
it
is
no
wonder
if
domestick
designs
seemed
meaner
,
or
more
dangerous
.
Thus
did
God
do
England
a
good
turn
,
although
it
was
made
for
the
present
thereby
,
neither
so
rich
or
populous
as
it
might
have
been
in
a
time
of
Peace
.
This
French
heat
wasted
many
a
tumultuous
Spirit
,
and
ennobled
the
Fame
of
the
King
and
Lords
;
not
onely
abroad
,
but
won
them
much
Honour
and
Repute
of
those
that
remained
at
home
;
and
so
by
congregating
Homogeneals
,
and
severing
Heterogeneals
,
rendred
the
body
of
the
people
more
Univocal
;
which
tended
much
to
the
setling
of
the
Joynts
of
this
distracted
Nation
.
A
timely
birth
hereof
,
doubtless
,
was
the
peaceable
entry
of
Richard
the
Second
upon
the
Throne
,
and
quiet
sitting
there
;
whilst
as
yet
he
was
but
a
Child
,
the
Princes
of
the
bloud
many
;
and
they
of
generous
,
active
,
and
daring
Spirits
:
yet
do
we
not
meet
with
a
whisper
in
story
of
any
turbulent
or
aspiring
humour
in
them
or
the
people
,
during
those
tenderer
times
of
that
King's
Reign
.
But
after
that
he
came
to
know
more
in
himself
than
was
to
be
found
;
and
to
outreach
his
abilities
,
having
some
of
the
Lords
ready
at
his
Elbow
to
help
him
,
these
changed
the
King's
course
,
although
the
general
part
of
that
noble
Band
kept
still
their
Array
;
and
retaining
the
body
of
the
people
in
due
composure
,
thereby
declared
themselves
to
be
the
King's
Friends
,
though
the
others
were
Richard's
Favourites
;
so
as
he
was
fain
to
stoop
to
occasion
,
and
submit
to
be
a
King
,
that
would
have
otherwise
been
more
or
less
.
And
thus
the
Lords
were
become
Supporters
to
the
Crown
,
Studds
to
the
Throne
,
and
a
Reserve
to
the
People
,
against
the
violent
motions
of
an
unbridled
mind
in
their
King
;
who
seeing
them
so
united
,
and
endeavouring
to
break
them
into
parties
to
obtain
his
desire
,
lost
both
it
and
himself
.
It
is
a
degree
of
cleanly
modesty
,
to
impute
the
miscarriages
of
unruly
Kings
,
to
their
Council
.
For
however
during
their
minority
,
Counsellors
are
more
rightly
Officers
of
State
;
yet
when
Kings
will
be
their
own
men
,
their
Counsellors
are
no
other
than
the
breath
of
the
King
's
own
breast
;
and
by
which
a
King
may
be
more
truly
discerned
,
than
any
man
by
his
Bosom-friends
.
Edward
the
Third
was
a
man
of
a
publick
Spirit
,
and
had
a
Council
suitable
to
his
aim
.
Richard
the
Second
,
a
man
that
desired
what
him
pleased
,
would
have
what
he
desired
;
and
a
Council
he
had
that
served
him
in
all
.
For
God
answers
the
desires
of
mens
hearts
in
Judgement
as
well
as
in
Mercy
;
and
a
sore
Judgement
it
is
both
to
King
and
People
,
when
the
corrupt
desires
of
the
King
are
backed
by
a
flattering
Council
.
It
must
be
granted
,
that
the
Privy
Council
of
Kings
hath
been
an
old
Ginn
of
State
,
that
at
a
sudden
lift
could
do
much
to
the
furthering
of
the
present
estate
of
publick
Affairs
.
Nevertheless
,
through
the
Riot
of
Kings
,
their
designes
generally
tended
to
make
more
work
for
the
Parliament
,
than
to
dispatch
;
to
do
much
,
rather
than
well
;
like
works
for
sale
,
rather
than
for
Master-piece
;
and
sometimes
to
undermine
,
yea
,
to
out-face
the
Parliament
it self
,
like
some
unruly
Servants
that
will
put
away
their
own
Masters
.
Nor
can
it
otherwise
be
expected
,
unless
the
King
's
elected
ones
be
turned
into
the
Parliaments
Committee
;
or
that
constant
annual
Inquisition
by
Parliament
be
made
into
their
actions
:
for
occasional
inquiries
breed
ill
blood
,
though
no
attainder
be
;
nor
are
they
easily
undertaken
,
whereas
constancy
in
such
cases
makes
the
worst
to
be
resolved
but
into
a
matter
of
common
course
.
The
natural
and
original
power
of
the
Privy-Council
is
very
obscure
,
because
there
are
several
degrees
of
them
that
occasionally
have
been
used
,
all
of
whom
may
deserve
the
name
of
Privy-Council
,
in
regard
of
the
Parliament
,
which
is
the
most
publick
Council
of
all
the
rest
,
and
always
hath
a
general
interest
in
all
Causes
in
the
Kingdom
.
The
first
of
these
,
is
that
which
was
called
The
Grand
Council
of
the
King
,
which
,
as
I
think
,
was
not
the
House
of
Lords
,
who
are
called
by
Summons
,
and
were
onely
to
attend
during
the
Parliament
;
but
a
body
made
up
of
them
,
and
other
wise
men
of
his
own
Retinue
:
And
of
this
,
it
seems
,
Grand
Council
and
the
Privy-Council
,
and
so
entred
upon
Record
.
The
second
of
these
Councils
was
also
a
great
Council
,
and
probably
greater
than
the
other
;
but
this
was
called
onely
upon
occasion
,
and
consisted
of
all
sorts
,
like
a
Parliament
,
yet
was
none
.
An
example
whereof
we
have
in
the
Ordinances
concerning
the
Staple
,
which
at
the
first
were
made
by
the
King
,
Prelates
,
Dukes
,
Earls
,
Lords
,
and
Great
men
of
the
Kingdom
,
one
out
of
every
County
,
City
,
and
Burrough
,
called
together
,
for
that
end
;
their
results
were
but
as
in
point
of
trial
for
six
Moneths
space
,
Grand
Council
of
Lords
,
it
seldom
can
endure
the
mention
of
a
Parliament
,
but
when
Kings
or
Affairs
are
too
rugged
for
their
own
touch
.
The
Platform
of
their
power
you
may
behold
in
this
their
Oath
.
-
1.
That
well
and
lawfully
they
shall
counsel
the
King
according
to
their
best
care
and
power
,
-
2.
That
none
of
them
shall
accuse
each
other
of
any
thing
which
he
had
spoken
in
Council
.
-
3.
And
that
their
lawful
Power
,
Aid
,
and
Counsel
,
they
shall
with
their
utmost
diligence
apply
to
the
King
's
Rights
.
-
4.
And
the
Crown
to
guard
,
and
maintain
,
save
,
and
to
keep
off
from
it
,
where
they
can
without
doing
wrong
.
-
5.
And
where
they
shall
know
of
the
things
belonging
to
the
Crown
,
or
the
Rights
of
the
King
,
to
be
concealed
,
intruded
upon
,
or
substracted
,
they
shall
reveal
the
same
to
the
King.
-
6.
And
they
shall
enlarge
the
Crown
,
so
far
as
lawfully
they
may
,
and
shall
not
accounsel
the
King
in
decreasing
the
Rights
of
the
Crown
,
so
far
as
they
lawfully
may
.
-
7.
And
they
shall
let
for
no
Man
(
neither
for
love
nor
hate
,
nor
for
peace
nor
strife
)
to
do
their
utmost
(
as
far
as
they
can
,
or
do
understand
)
unto
every
man
,
in
every
Estate
,
Right
,
and
Reason
and
in
Judgement
;
and
doing
right
shall
spare
none
,
neither
for
Riches
nor
Poverty
.
-
8.
And
shall
take
of
no
Man
without
the
King's
leave
,
unless
Meat
or
Drink
in
their
Journey
.
-
9.
And
if
they
be
bound
by
Oath
formerly
taken
,
so
as
they
cannot
perform
this
without
breaking
that
,
they
shall
inform
the
King
,
and
hereafter
shall
take
no
such
Oaths
without
the
King's
consent
first
had
.
All
which
in
a
shorter
sum
,
sounds
in
effect
,
that
they
must
be
faithful
Counsellors
to
the
King's
Person
,
and
also
to
his
Crown
;
not
to
decrease
the
true
Rights
,
but
to
enlarge
them
;
yet
all
must
be
done
lawfully
.
And
Secondly
,
that
they
shall
do
right
in
Judgement
,
to
take
no
Fees
,
nor
any
other
Oath
in
prejudice
of
this
.
The
first
of
these
concern
the
publick
onely
at
a
distance
:
and
yet
the
point
of
encreasing
and
diminishing
of
the
Crown
in
the
sixth
Section
is
captious
,
and
may
sound
as
if
there
is
a
legal
enlarging
of
the
Crown
,
whereof
he
that
takes
the
Oath
is
to
judge
.
A
matter
which
onely
and
properly
concerns
the
Parliament
to
order
and
determine
,
or
else
farewel
all
liberty
of
the
people
of
England
.
The
second
concerneth
immediately
the
King
in
his
politick
capacity
,
but
trencheth
upon
all
Laws
of
the
Kingdom
,
in
the
executive
power
;
and
all
the
motions
in
the
whole
Kingdom
,
either
of
Peace
or
War
,
following
in
the
Rear
,
either
immediately
,
or
mediately
,
are
under
this
notion
interested
into
the
transaction
of
the
Privy-Council
,
to
debate
and
determine
the
King's
Judgement
therein
,
unless
it
will
determine
alone
.
And
how
easie
a
thing
it
is
for
such
as
have
power
of
determining
the
Action
by
the
Law
,
to
slip
into
the
determining
of
a
Law
upon
the
Action
,
and
so
to
rule
by
Proclamation
,
experience
taught
succeeding
times
sufficiently
.
Nevertheless
,
in
these
times
Parliaments
were
every
moment
upon
the
wing
,
and
kept
this
Noble
Band
in
awe
,
by
taking
them
into
their
Cognizance
,
placing
and
displacing
some
or
all
of
them
,
directing
and
binding
them
by
Oath
,
as
they
saw
occasion
;
of
which
the
Records
are
full
and
plentiful
.
I
say
,
these
times
thus
constituted
,
added
yet
further
encouragement
to
them
,
by
giving
them
powers
by
Statute-Law
,
over
and
beyond
what
by
ancient
Custom
they
had
obtained
.
The
King
,
and
Council
of
Lords
,
had
anciently
a
power
of
Jurisdiction
,
that
hath
been
in
the
first
Part
of
this
Discourse
already
observed
;
yet
it
is
very
probable
,
that
it
was
not
any
select
company
of
Lords
,
but
the
whole
Association
.
For
it
is
granted
by
all
,
that
they
had
originally
a
principal
hand
in
the
Jurisdiction
;
and
it
is
hard
to
conceive
how
any
private
number
should
catch
such
a
power
,
if
not
by
usurpation
.
But
the
manner
of
acquiring
is
less
materal
;
the
principal
consideration
resteth
upon
the
quality
of
this
Jurisdiction
.
For
it
is
evident
that
much
difference
hath
been
,
both
concerning
the
place
and
manner
of
exercising
this
Authority
.
In
general
,
it
must
be
granted
,
that
all
Pleas
Coram
Rege
,
were
grounded
upon
Writs
first
purchased
,
and
returnable
either
in
Banco
,
Coram
Rege
&
Concilio
,
whose
meeting
was
in
the
Council-chamber
,
in
those
days
called
the
Star-chamber
.
For
other
returns
of
Writs
in
the
Star-chamber
do
not
we
find
,
but
such
as
were
in
Camera
;
nor
Prohibitions
from
thence
,
but
under
the
notion
of
the
King's
Council
;
and
this
Camera
,
as
I
said
,
was
the
place
of
the
joynt
meeting
of
the
Council
,
King
Bench.
Nor
can
I
observe
any
rule
to
bound
the
powers
of
these
two
Judicatories
,
but
this
,
that
the
Council-Table
would
pick
and
chuse
,
and
prohibit
the
Kings
Bench
as
they
pleased
;
and
to
that
end
would
order
Originals
out
of
the
Chancery
,
as
they
thought
most
meet
.
Original
Writs
returned
thither
.
Nevertheless
,
it
may
seem
that
such
Crimes
as
are
contrary
to
common
honesty
,
or
the
publick
profit
or
peace
,
in
a
more
exemplary
way
than
ordinary
,
and
therefore
may
be
called
Crimina
laesi
Regni
,
or
against
the
State
;
these
,
I
say
,
might
more
properly
belong
to
the
sublime
Judicature
of
the
Council-Table
;
as
knowing
better
how
far
the
publick
State
was
interested
,
or
endamaged
in
such
Cases
,
than
the
other
Judges
that
were
experienced
onely
in
ordinary
matters
of
a
more
private
concernment
.
To
recite
the
particular
Cases
upon
record
,
concerning
racing
of
Records
,
Forgeries
,
Falshood
,
Conspiracies
,
Combinations
,
to
abate
and
level
the
prices
of
Commodities
,
Riots
,
and
such-like
,
will
be
supersluous
.
In
all
which
,
and
others
of
that
Cognizance
,
the
Sentence
exceeded
not
Fine
and
Imprisonment
,
or
Ransom
.
Neither
yet
were
the
Common
pleas
so
rural
,
but
the
Council
Table
could
relish
them
also
,
and
digest
them
well
enough
;
and
therefore
did
not
stick
to
prohibit
the
Courts
of
Common-Law
,
under
colour
of
a
strange
maxime
;
That
it
is
neither
just
nor
honest
for
a
man
to
be
sued
at
the
Common-Law
,
for
a
matter
depending
before
the
King
and
his
Council
:
No
,
though
the
Court
of
Common-law
had
the
precedency
.
And
therefore
,
although
the
right
of
Tythes
being
depending
at
the
Common-Law
,
Kings
Council
;
and
the
proceedings
at
the
Law
are
thereby
stayed
.
And
no
wonder
;
for
the
Council-Table
challenged
to
hold
the
ballance
of
all
Courts
of
Law
within
their
own
Order
:
and
so
if
any
doubt
concerning
the
Jurisdiction
depended
,
the
Council-Table
gave
the
word
,
Grand
Charter
nothing
could
be
done
in
Judgement
,
but
according
to
the
Laws
of
the
Land
;
and
in
affirmance
thereof
,
a
Law
was
made
in
these
times
,
that
no
Accusation
,
nor
Attachment
,
nor
forejudging
of
Life
or
Member
,
nor
seisure
of
Lands
,
Tenements
,
Goods
or
Chattels
,
should
be
against
the
form
of
the
Grand
Charter
,
and
Law
of
the
Land
:
This
course
of
affairs
grew
so
stale
,
that
amongst
other
innovations
,
a
trick
of
a
new
kind
of
Trial
is
brought
forth
,
by
suggestions
upon
Articles
exhibited
against
any
man
before
the
Council-Table
;
and
thereupon
issued
forth
Attachments
against
the
party
complained
of
;
by
means
whereof
,
and
other
courses
,
(
for
they
could
also
sequester
)
much
vexation
arose
unto
the
people
.
Hereunto
,
upon
complaints
multiplied
,
a
remedial
Law
is
made
;
whereby
it
is
Enacted
,
Great
Charter
;
that
is
,
he
shall
not
be
taken
until
first
the
fault
appear
upon
Record
,
by
Presentment
,
or
by
due
Process
,
or
by
original
Writ
,
Coram
Concilio
,
for
that
all
the
said
Judges
were
of
the
King's
Council
.
And
yet
,
as
I
dare
not
affirm
,
so
I
cannot
deny
,
but
it
might
also
be
possible
that
some
matters
,
especially
these
of
a
greater
consequence
,
either
in
their
own
nature
,
or
in
regard
of
the
persons
whom
they
concerned
,
were
determined
by
the
major
Vote
of
the
whole
Council
,
in
a
prudential
,
or
rather
arbitrary
way
.
But
this
was
,
Invita
Minerva
,
and
used
so
rarely
,
as
the
path
is
grown
out
of
view
;
saving
some
few
footsteps
here
and
there
remaining
,
which
shew
that
the
Grand
Council
of
Lords
had
been
there
.
CHAP.
IV.
Of
the
Chancery
.
IT
is
the
birth
of
the
King's
power
in
Judicature
,
and
may
deserve
the
name
of
the
first-born
.
For
though
it
had
no
better
Title
in
these
later
times
than
Officium
,
Writs
remedial
,
for
such
as
had
received
wrong
;
yet
even
by
that
work
,
it
was
in
repute
for
so
much
skill
in
the
Law
of
the
Land
,
that
by
the
consent
of
all
,
it
was
as
well
able
to
advise
a
remedy
,
as
to
advise
the
Complainants
where
to
have
it
.
And
yet
it
had
one
advantage
further
,
that
it
was
an
Office
of
remembrance
to
the
King
,
(
who
is
a
person
of
great
trust
in
the
Law
,
and
gave
such
credit
to
all
acts
done
before
him
)
as
being
entred
into
the
remembrance
,
became
of
the
highest
nature
of
Record
,
against
which
no
Plea
did
lie
.
Amongst
these
,
matters
of
debt
and
contract
coming
into
the
account
,
this
Office
taking
notice
of
the
Record
,
took
cognizance
of
the
thing
,
and
for
the
executing
thereof
:
and
thus
in
these
,
and
such-like
Cases
,
granted
Judicial
Writs
,
and
so
found
out
a
way
of
Judicature
,
to
as
many
Causes
as
the
State
would
trust
it
with
.
Equity
,
Honour
,
Conveniency
,
and
Conscience
;
like
a
Monopoly
,
that
is
bred
under
the
wings
of
the
publick
,
but
feeds
it self
upon
it
.
That
this
had
attained
the
Title
of
a
Court
so
anciently
as
in
King
Steven's
time
(
as
the
Honourable
Reporter
noteth
)
I
much
question
,
determined
and
granted
,
that
the
Church
of
Fly
should
for
ever
in
the
King's
Court
hold
the
dignity
of
the
Chancery
,
and
not
hold
the
dignity
of
the
King's
Court
of
Chancery
.
Nevertheless
,
it
is
clear
that
these
times
brought
it
to
that
condition
,
that
it
might
well
carry
that
name
,
if
formerly
it
had
not
:
For
it
grew
very
fast
both
in
honour
and
power
;
and
this
not
by
Usurpation
,
(
though
it
did
exceed
)
but
by
express
donation
from
the
Parliament
.
Yet
is
this
power
much
darkned
in
the
limits
and
extent
thereof
,
chiefly
in
regard
that
the
Chancellor
is
betrusted
with
many
things
,
whereof
there
is
no
evidence
for
the
Chancery
to
claim
any
cognizance
.
For
he
was
in
these
times
a
person
of
many
interests
and
relations
,
being
one
of
the
Quorum
in
the
Star-Chamber
,
of
the
King's
Council
,
chief
in
the
Chancery
,
most
commonly
a
Clergy-man
,
and
therewith
Legate
à
Latere
;
and
in
these
several
Relations
might
act
directly
,
and
yet
in
several
Courts
.
And
therefore
,
though
he
had
power
with
others
,
to
punish
neglects
of
Execution
of
the
Statutes
of
Wines
,
Viz.
To
punish
disturbances
of
Merchants
in
their
Trade
,
to
see
to
the
executing
of
the
Statutes
of
Purveyors
,
and
to
remedy
grievances
contrary
to
other
Statutes
:
Which
general
words
let
in
a
wild
liberty
to
that
Court
to
intermeddle
in
Laws
which
were
never
intended
for
their
touch
;
to
punish
Nusances
according
to
discretion
,
to
give
remedy
to
Merchants
upon
the
Statute
of
Staple
;
so
that
it
is
clear
enough
the
Parliament
intended
it
should
be
a
Court
,
and
gave
their
Seal
to
their
power
of
Judicature
.
Nor
,
as
it
seemeth
,
was
this
any
regret
to
the
Courts
of
Common-Law
,
but
as
a
thing
taken
for
granted
.
For
the
Reports
tell
us
,
That
if
the
King
grants
Tythes
,
arising
from
without
the
bounds
of
any
Parish
,
the
Patentee
shall
sue
in
the
Chancery
by
Scire
Facias
,
and
shall
there
proceed
to
Issue
or
Demurrer
;
and
then
to
the
Common-Law
;
where
upon
Trial
,
if
the
Defendant
make
default
,
John
Molins
:
Upon
Petition
,
the
King
refers
the
matter
to
the
Arch-bishop
,
and
others
of
the
Council
,
calling
to
them
the
Chancellor
.
A
Scire
Facias
goes
forth
to
Sir
John
Molins
;
he
upon
appearance
pleaded
to
the
jurisdiction
,
as
a
case
belonging
to
the
Common-law
;
but
it
would
not
be
allowed
,
because
it
was
to
repeal
the
King's
Charter
.
And
whereas
it
was
objected
,
that
the
reference
was
to
the
Archbishop
and
others
,
and
therefore
the
cause
ought
not
to
be
determined
in
the
Chancery
;
it
was
resolved
that
it
did
properly
belong
to
the
Chancery
,
by
the
Law
:
And
in
the
argument
of
the
case
,
it
appears
clearly
that
the
King's
Council
there
,
Per
tout
les
Justices
.
Which
I
rather
note
,
for
the
shortness
of
the
form
of
Bills
in
those
days
,
far
different
from
these
times
,
wherein
the
substance
of
the
complaint
,
however
small
in
it self
,
is
oftentimes
blown
out
into
so
great
a
bubble
,
that
it
breaks
to
nothing
:
And
the
Statutes
formerly
mentioned
do
assert
the
same
thing
,
as
touching
the
King's
Council
.
For
though
they
speak
of
the
Council
or
Chancery
in
the
English
Tongue
,
yet
in
the
original
the
words
are
,
Conceil
en
Chancery
.
Having
thus
touched
upon
the
matters
under
the
Judicatory
of
the
Chancery
,
and
Judges
in
the
same
:
In
the
next
place
,
the
manner
of
proceedings
comes
to
consideration
.
For
it
seems
they
had
been
formerly
very
irregular
;
and
that
contrary
to
the
Grand
Charter
,
upon
a
bare
suggestion
in
the
Chancery
,
the
party
complained
of
was
imprisoned
,
and
no
proceedings
made
thereupon
.
For
remedy
whereof
,
it
was
ordained
,
That
upon
suggestions
so
made
,
the
Complainant
was
to
find
Sureties
to
pursue
the
Suggestions
;
and
that
the
Process
of
Law
should
issue
forth
against
the
party
without
imprisoning
him
;
and
that
if
the
Suggestions
were
not
proved
true
,
the
Complainant
should
incur
the
like
penalty
that
the
Defendant
should
have
done
,
in
case
he
had
been
found
Guilty
.
Canterbury
,
Cardinal
,
and
Legate
à
Latere
;
or
Arch-bishop
,
Lord
Treasurer
,
and
Legate
à
Latere
;
as
these
days
had
divers
times
seen
?
Extraordinary
advancements
bestowed
upon
the
Nobility
,
brings
Honour
to
the
Throne
;
but
if
they
be
not
men
of
noted
Worth
and
Uprightness
,
they
make
the
Scepter
stoop
,
by
stirring
up
envy
in
the
Nobility
,
and
indignation
from
the
people
.
For
seldom
is
it
seen
,
that
Advancements
are
fed
from
the
Crown
,
though
they
be
bred
from
thence
;
but
either
maintained
by
new
supplies
from
the
peoples
Purses
,
or
the
ruine
or
decay
of
some
Officers
more
ancient
than
themselves
,
or
both
.
And
such
was
the
condition
of
the
Chancellour
;
he
sucked
fat
from
beneath
,
and
Bloud
and
Spirits
from
the
Grand
Chief
Justiciar
of
England
,
and
so
reduced
that
Honourable
Potentate
unto
the
degree
of
Chief
Justice
of
the
King's
Bench
,
leaving
scarcely
unto
him
the
Name
or
Title
of
Lord
.
One
thing
more
remaineth
,
touching
the
election
or
nomination
of
this
Great
man
.
At
the
first
,
he
was
no
better
than
a
Register
,
or
the
King's
Remembrancer
,
or
Secretary
,
having
also
the
Honour
to
advise
the
King
in
such
matters
as
came
within
the
circuit
of
the
Writings
in
his
custody
;
and
questionless
,
Eo
usque
,
it
is
suitable
to
all
the
reason
in
the
World
,
that
he
should
be
of
the
King
's
sole
Nomination
and
Election
.
But
when
it
befals
,
that
instead
of
advising
the
King
,
his
word
is
taken
to
be
the
Rule
,
and
a
Judicatory
power
put
upon
that
;
and
unto
this
is
superadded
that
honourable
trust
of
keeping
and
governing
the
Great
Seal
of
the
Kingdom
,
with
the
continual
growing
power
occasionally
conferred
upon
him
by
the
Parliament
:
He
is
now
become
no
more
the
King's
Remembrancer
,
but
the
Lord
Chancellor
of
England
,
and
Supream
Officer
of
State.
And
it
seems
but
reasonable
that
he
should
hold
his
place
by
publick
Election
,
as
well
as
the
Grand
Justiciar
(
whose
Plumes
he
borrowed
)
and
other
Grand
Officers
of
State
did
before
him
.
For
he
that
will
have
his
Servant
to
work
for
another
,
must
give
the
other
that
Honour
of
Electing
him
thereto
;
nor
was
this
laid
aside
nor
forgotten
by
these
times
,
but
a
claim
was
put
in
for
the
Election
or
allowance
of
this
principal
Officer
amongst
others
;
Viz.
Whether
a
King
that
can
do
no
man
wrong
,
can
dissemble
the
Royal
Assent
in
Parliament
;
or
declare
himself
legally
in
that
manner
by
Proclamation
?
CHAP.
V.
Of
Admirals
Courts
.
THis
is
a
third
Court
that
maintained
the
King's
Judicatory
power
,
in
a
different
way
from
that
which
is
commonly
called
the
Common-Law
;
and
by
many
is
therefore
supposed
to
advance
the
King's
Prerogative
,
but
upon
mistaken
grounds
.
It
is
very
true
,
that
the
way
is
different
from
the
common
Road
,
both
in
it's
original
,
and
in
the
course
of
proceedings
;
nor
could
it
otherwise
be
,
considering
the
condition
of
the
Nations
,
and
the
people
of
the
same
,
interested
in
common
Traffique
.
The
people
thus
interested
,
as
much
differed
from
the
other
sort
of
Dry
men
(
if
they
may
be
so
called
)
as
Sea
from
Land
,
and
are
in
nature
but
as
March-men
of
several
Nations
,
that
must
concentre
in
some
third
way
for
the
maintenance
of
Commerce
for
peace-sake
,
and
to
the
end
that
no
Nation
may
be
under
any
other
Law
than
its
own
.
The
condition
of
the
Nations
in
the
times
when
civilized
Government
began
to
settle
amongst
them
,
was
to
be
under
the
Roman
Emperours
,
who
having
setled
one
Law
in
the
general
grounds
throughout
all
Nations
,
made
the
Sea
likewise
to
serve
under
one
rule
,
which
should
float
up
and
down
with
it
,
that
men
might
know
upon
what
terms
they
held
their
own
,
wheresoever
they
went
;
and
upon
what
terms
to
part
with
it
for
their
best
advantage
.
In
its
original
therefore
,
this
Law
may
be
called
Imperial
,
and
likewise
in
the
Process
,
because
it
was
directed
in
one
way
of
Trial
,
and
by
one
Law
,
which
had
its
first
birth
from
the
Imperial
power
;
and
probably
it
had
not
been
for
the
common
benefit
of
Europe
to
have
been
otherwise
,
at
other
time
,
or
by
other
directories
formed
.
Nevertheless
,
this
became
no
Gem
of
Prerogative
to
the
English
Crown
;
for
if
England
did
comply
with
forrein
Natives
for
its
own
benefit
(
it
being
an
Island
full
of
the
Sea
,
and
in
the
common
Road
from
the
most
parts
of
Europe
that
border
upon
the
Sea
,
and
of
delight
in
Merchandise
)
it
is
but
suitable
to
its
self
:
and
it
did
so
comply
,
as
it
saved
the
main
Stake
,
by
voluntary
entertaining
those
Laws
without
being
imposed
upon
by
Imperial
power
.
For
the
Saxons
came
into
this
Kingdom
a
free
people
,
and
so
(
for
ought
yet
appeareth
to
me
)
continueth
to
this
day
:
I
say
,
that
in
those
first
times
,
they
did
take
into
the
consideration
of
Parliament
the
regulating
of
the
fluctuating
motions
of
Sea-laws
:
nor
were
they
then
,
or
after
,
properly
imposed
by
the
King's
Edict
.
For
though
it
were
granted
,
that
Richard
the
First
reduced
the
Sea-Laws
in
the
Isle
of
Oleron
,
yet
that
the
same
should
be
done
without
advice
of
Parliament
in
his
return
from
the
Holy
land
,
is
to
me
a
Riddle
,
considering
what
Histories
do
hold
forth
concerning
his
return
through
Germany
;
nor
can
that
be
good
evidence
to
entitle
Kings
of
England
to
a
power
to
make
and
alter
Laws
according
to
their
private
pleasure
and
interest
.
Nor
doth
that
Record
mentioned
in
the
Institutes
,
This
Law
was
of
a
double
nature
,
according
to
the
Law
of
the
Land
;
one
part
concerning
the
pleas
of
the
Crown
,
and
the
other
between
party
and
party
;
for
properly
the
King's
Authority
in
the
Admiralty
is
but
an
Authority
of
Judicature
,
according
to
Laws
established
,
which
both
for
process
and
sentence
are
different
from
the
Common-Law
,
as
much
as
the
two
Elements
do
differ
,
yet
not
different
in
the
power
that
made
them
.
I
shall
leave
the
particulars
to
be
enquired
into
,
by
them
that
shall
mind
it
elsewhere
,
and
only
touch
so
much
as
shall
reflect
upon
the
main
Government
.
This
power
was
executed
by
Deputies
diversly
,
according
as
the
times
and
opportunities
were
,
for
War
or
Peace
,
and
either
transitu
or
portu
.
What
was
done
in
time
of
War
,
or
whilst
the
Ship
is
out
of
the
English
Seas
,
comes
not
to
our
purpose
;
and
therefore
I
shall
not
meddle
with
that
,
further
than
this
,
that
in
the
first
times
Kings
were
wont
to
divide
the
work
of
Judicature
and
of
War
into
several
hands
.
The
power
of
War
and
Peace
they
committed
unto
men
of
approved
Courage
and
Skill
in
that
service
;
and
therefore
generally
,
not
to
the
men
of
highest
rank
,
who
had
neither
Mind
nor
Skill
for
a
work
of
such
labour
,
dyet
and
danger
.
This
power
passed
under
divers
names
;
sometimes
by
grant
of
the
custody
of
the
Sea-coasts
,
sometimes
of
the
parts
and
Sea
coasts
,
sometimes
by
being
made
Captain
of
the
Sea-men
and
Mariners
,
and
sometimes
Admiral
of
the
Ships
.
It
was
a
great
power
,
and
had
been
much
greater
,
but
that
it
suffered
a
double
diminution
;
the
one
in
the
time
,
for
three
or
four
years
commonly
made
an
end
of
the
command
of
one
man
,
and
at
the
best
it
was
,
quam
diu
Regi
placuerit
:
the
other
diminution
was
in
circuit
of
the
power
,
for
all
the
Maritine
Coasts
were
not
ordinarily
under
the
power
of
one
man
,
but
of
many
;
each
having
his
proper
precinct
upon
the
South
or
North
,
East
or
Western
shores
;
and
under
the
Title
of
Admiral
in
the
times
of
Edward
the
First
,
and
forwards
,
who
brought
that
Title
from
the
Holy
Land
.
Nevertheless
,
about
the
end
of
the
times
whereof
we
now
Treat
,
the
custody
of
the
whole
Sea
began
to
settle
in
one
hand
,
under
the
Title
of
Admiral
of
the
English
Seas
;
and
the
place
was
conferred
upon
men
of
the
greatest
rank
,
and
so
continued
ever
afterward
.
The
power
of
Jurisdiction
or
Judicature
all
this
while
remained
distinct
,
and
it
seems
was
setled
in
part
in
the
power
of
the
Sheriff
and
Justices
.
For
by
the
Law
the
Sheriff
and
Justices
had
cognizance
of
matters
between
the
high
water
and
the
low
water
mark
;
and
what
was
done
Super
altum
mare
,
was
within
the
directory
of
the
Admiral
;
these
were
but
few
things
,
and
of
small
consideration
:
the
principal
of
them
being
concerning
War
or
Peace
,
and
those
only
within
the
English
Seas
.
But
after
Edward
the
Third
had
beaten
both
the
French
and
Spaniards
at
Sea
,
the
people
grew
much
more
towards
the
Sea
,
and
became
so
famous
,
that
the
greatest
Lords
thought
the
Regiment
of
Sea-affairs
worthy
of
the
best
of
their
Rank
,
and
were
pleased
with
the
Title
of
Admiral
,
whilst
they
left
the
work
to
others
;
and
so
the
Admiral
became
a
person
of
more
honour
and
less
work
than
he
had
been
formerly
.
The
greatness
of
the
honour
of
this
place
thus
growing
,
soon
also
began
to
contract
greatness
of
power
beyond
what
it
had
formerly
;
and
this
was
principally
in
matter
of
Jurisdiction
.
For
not
contented
with
the
power
of
a
chief
Justice
of
War
and
Peace
within
the
Seas
,
which
was
his
proper
dominion
,
the
Lord
Admiral
gained
the
same
within
the
low
water
mark
,
main
streams
below
the
next
Bridge
to
the
Sea
,
and
in
all
places
where
Ridels
were
set
;
and
yet
these
places
were
within
the
body
of
the
County
.
Nor
did
he
endeavour
less
to
gain
in
matters
of
distributive
Justice
:
for
although
he
had
a
legal
Jurisdiction
in
things
done
upon
the
Sea
,
so
far
as
to
defend
,
order
,
determine
,
and
cause
restitution
to
be
made
,
in
cases
of
damage
done
unjustly
;
yet
was
it
no
less
difficult
to
keep
this
power
within
its
own
bounds
,
than
the
watry
Element
upon
which
it
sloated
;
but
it
made
continual
waves
upon
the
Franchise
of
the
Land
;
and
for
this
cause
,
no
sooner
had
these
great
men
savoured
of
the
Honour
and
Authority
of
that
Dignity
,
but
comes
a
Statute
to
restrain
their
Authority
in
the
Cognizance
of
Cases
,
only
unto
such
matters
as
are
done
upon
the
main
Sea
,
high
water-mark
,
and
into
the
main
streams
.
And
this
leadeth
on
the
next
consideration
,
viz.
What
is
the
subject
matter
of
this
Jurisdiction
and
Authority
.
I
shall
not
enter
into
the
depth
of
particulars
,
but
shall
reduce
all
to
the
two
heads
of
Peace
and
Justice
.
The
Lord
Admiral
is
,
as
I
formerly
said
,
a
Justice
of
Peace
at
Sea
,
maintaining
the
Peace
by
power
,
and
restoring
the
Peace
by
setting
an
Order
unto
matters
of
Difference
,
as
well
between
Foraigners
,
as
between
the
English
and
Foraigners
;
as
may
appear
by
that
Plea
in
the
fourth
Institutes
formerly
mentioned
.
Secondly
,
That
point
of
Justice
principally
concerneth
matters
of
Contract
,
and
Complaints
for
breach
of
Contract
;
of
these
the
Admiral
is
the
Judge
,
to
determine
according
to
Law
and
Custom
.
Now
as
subservient
unto
both
these
,
he
hath
Authority
of
command
over
Sea-men
,
and
Ships
that
belong
to
the
State
,
and
over
all
Sea-men
and
Ships
in
order
to
the
service
of
the
State
,
to
arrest
and
order
them
for
the
great
voyages
of
the
King
and
Realm
,
voyage
Royal
,
is
not
wholly
in
his
power
.
Lastly
,
the
Lord
Admiral
hath
power
,
not
only
over
the
Sea-men
serving
in
the
Ships
of
State
,
but
over
all
other
Sea-men
,
to
arrest
them
for
the
service
of
the
State
;
and
if
any
of
them
run
away
without
leave
from
the
Admiral
,
Legislative
power
of
the
Parliament
,
and
not
from
the
single
person
of
the
King
,
or
any
other
Council
whatsoever
.
But
enough
hath
been
already
said
of
these
Courts
of
State
,
in
their
particular
precincts
.
One
general
interest
befalls
them
all
:
That
as
they
are
led
by
a
Law
much
different
from
the
Courts
of
Common-Law
,
so
are
they
thereby
the
more
endeared
to
Kings
,
as
being
subservient
to
their
Prerogative
,
no
less
than
the
Common-Law
is
to
the
peoples
liberty
.
In
which
condition
being
looked
upon
as
Corrivals
,
this
principal
Maxime
of
Government
will
thence
arise
,
That
the
bounds
of
these
several
Laws
are
so
to
be
regarded
,
that
not
the
least
gap
of
intrenchment
be
laid
open
each
to
other
;
lest
the
Fence
once
broken
,
Prerogative
or
Liberty
should
become
boundless
,
and
bring
in
Confusion
instead
of
Law.
CHAP.
VI.
Of
the
Church-mens
Interest
.
BUt
the
Church-mens
interest
was
yet
more
Tart
,
standing
in
need
of
no
less
allay
,
than
that
of
the
King's
Authority
,
for
that
the
King
is
no
less
concerned
therein
,
than
the
people
;
and
the
rather
,
because
it
was
now
grown
to
that
pitch
,
that
it
is
become
the
Darling
of
Kings
;
and
continually
henceforth
courted
by
them
;
either
to
gain
them
from
the
Papal
Jurisdiction
,
to
be
more
engaged
to
the
Crown
;
or
by
their
means
to
gain
the
Papal
Jurisdiction
to
be
more
favourable
and
complying
with
the
Prerogative
Royal.
The
former
times
were
tumultuous
,
and
the
Pope
is
gained
to
joyn
with
the
Crown
to
keep
the
people
under
;
though
by
that
means
,
what
the
Crown
saved
to
it self
from
the
people
,
it
lost
to
Rome
.
Henceforth
the
course
of
Affairs
grew
more
civil
,
or
(
if
you
will
)
graced
with
a
blush
of
Religion
:
and
it
was
the
policy
of
these
times
whereof
we
now
treat
,
to
carry
a
benign
Aspect
to
the
Pope
,
so
far
only
as
to
slave
him
off
from
being
an
enemy
,
whilst
Kings
drove
on
a
new
design
to
ingratiate
and
engage
the
Church
men
of
their
own
Nation
unto
it's
own
Crown
.
This
they
did
by
distinguishing
the
Office
or
Dignity
of
Episcopacy
,
into
the
Ministerial
and
Honourable
Parts
;
the
later
they
called
Prelacy
,
and
was
superadded
for
encouragement
of
the
former
,
and
to
make
their
work
more
acceptaple
to
men
for
their
Hospitalities
sake
;
for
the
maintenance
whereof
,
they
had
large
Endowments
and
Advancements
.
And
then
they
reduced
them
to
a
right
understanding
of
their
Original
,
which
,
they
say
,
is
neither
Jus
Divinum
,
nor
Romanum
,
Church
men
,
especially
such
as
were
devout
;
and
it
may
be
,
did
somewhat
outreach
in
that
course
:
For
though
he
saw
God
in
outward
events
,
more
than
any
of
his
Predecessors
;
and
disclaiming
all
humane
merits
,
reflected
much
upon
God's
mercy
,
even
in
smaller
blessings
:
yet
we
find
his
Letters
reflect
very
much
upon
the
Prayers
of
his
Clergy
;
he
loved
to
have
their
Persons
nigh
unto
him
,
put
them
into
places
of
greatest
Trust
,
for
Honour
and
Power
,
in
Judicature
;
and
not
altogether
without
cause
;
he
had
thereby
purchased
unto
his
Kingdom
the
name
and
repute
of
being
a
Kingdom
of
Priests
.
But
all
this
is
but
Personal
,
and
may
give
some
liking
to
the
present
Incumbents
,
but
not
to
the
expectants
:
and
therefore
the
Royal
Favour
extended
so
far
in
these
times
,
as
to
bring
on
the
Parliament
to
give
countenance
to
the
Courts
and
Judiciary
power
of
the
Ordinaries
,
by
the
positive
Law
of
the
Kingdom
,
although
formerly
the
Canons
had
already
long
since
made
way
thereto
by
practice
.
I
shall
hereof
note
these
few
particulars
ensuing
.
Ordinaries
shall
not
be
questioned
in
the
King's
Court
for
Commutation
,
Things
formerly
bred
by
the
Canon
,
nourished
by
continual
practice
,
allowed
by
Ordinance
of
Parliament
,
or
Grant
from
Kings
in
Parliament
,
are
now
confirmed
by
solemn
concurrence
of
the
whole
Representative
Body
of
the
Kingdom
,
to
have
and
to
hold
with
Warranty
.
And
yet
the
sence
is
not
so
general
as
the
words
,
nor
doth
it
seem
much
other
,
than
a
Confection
made
for
the
Arch-Bishops
appetite
,
They
shall
have
Cognizance
of
Vsury
during
the
Delinquent's
Life
,
The
difference
ariseth
from
the
different
end
;
the
first
being
to
reform
the
Person
by
Church-censures
,
and
to
urge
him
to
restitution
;
the
latter
is
for
the
King
's
Fine
or
Forfeiture
.
For
as
touching
the
Usurer's
estate
,
They
shall
have
Cognizance
of
avoidance
of
Benefices
of
Right
:
The
first
of
these
concerning
avoidance
of
Churches
,
it
seemeth
was
somewhat
doubtful
in
point
of
practice
,
for
that
the
Civil
Judge
used
to
determine
all
manner
of
avoidances
,
as
well
in
Fact
,
as
of
Right
;
but
by
this
Statute
they
are
restrained
only
unto
avoidances
in
Fact
,
so
as
after
this
Statute
it
is
holden
,
that
avoidances
by
death
shall
be
tryed
by
the
Countrey
;
but
if
the
avoidance
be
by
Deprivation
,
Resignation
,
Creation
,
Lastly
,
concerning
Priories
,
whereas
some
were
presentative
,
and
filled
by
Induction
from
the
Ordinary
;
and
others
were
Donative
,
having
their
Priors
meerly
at
the
will
of
the
Abbot
,
to
be
placed
and
displaced
as
he
thought
most
expedient
:
If
then
the
point
in
issue
depends
upon
this
knot
,
this
Law
referreth
the
Trial
unto
the
Ordinary
,
who
by
common
presumption
best
knows
whether
any
Institution
and
Induction
had
passed
his
Registry
and
Seal
,
or
not
.
And
thus
,
though
a
kind
of
Judicial
power
seemeth
to
be
carried
along
herewith
,
yet
is
all
in
a
ministerial
and
subservient
way
unto
the
Civil
Magistrate
;
and
nevertheless
,
with
such
credit
and
authority
,
that
the
main
hinge
of
the
Judicatory
,
in
such
cases
,
depends
upon
the
dash
of
their
pen.
No
Bishop
,
The
former
particulars
concerned
matter
of
Authority
;
this
and
others
ensuing
,
concern
matter
of
immunity
,
which
,
or
most
of
which
were
formerly
for
a
long
time
within
the
fancy
of
the
Canon
,
but
never
came
to
the
height
of
Parliamentary
approbation
or
Authority
till
now
,
that
it
comes
in
as
a
peace-offering
to
pacifie
the
quarrel
between
the
Arch-Bishop
Stratford
and
the
King.
For
he
being
engaged
in
the
French
Wars
,
so
resolved
to
continue
;
and
therefore
to
maintain
distempers
at
home
,
he
held
neither
Honourable
nor
safe
.
Their
Temporalties
shall
not
be
wasted
,
during
the
vacancy
:
Nor
shall
they
be
seized
,
The
first
of
these
was
an
ancient
Law
,
grounded
upon
great
reason
;
although
dulled
by
time
,
and
by
covetousness
of
the
needy
Patrons
,
next
to
laid
aside
,
if
not
quite
put
out
of
countenance
.
So
as
a
new
Law
must
be
made
to
revive
it
,
and
to
abolish
that
corrupt
custom
or
practice
of
depredating
those
possessions
given
to
a
holy
use
in
common
supposal
,
contrary
to
the
trust
by
them
undertaken
,
and
the
use
still
continuing
.
But
the
second
Branch
is
in
nature
of
a
Law
of
Restraint
set
upon
the
Common-Law
:
for
the
persons
of
these
Spiritualized
men
were
of
so
airy
a
constitution
,
as
they
could
not
be
holden
by
hands
made
out
of
the
Clay
,
such
as
the
rude
Laity
were
;
and
therefore
the
Civil
Magistrate
,
upon
all
occasions
used
to
lay
hold
upon
that
,
whereof
there
was
some
feeling
,
which
were
called
Temporalities
,
and
thereby
drew
them
to
appearance
at
the
Lay-Courts
;
for
however
Spiritual
the
Clergy
were
,
they
would
not
easily
part
with
their
Lay-Fees
.
But
now
by
this
Law
,
the
times
are
so
attenuated
,
that
the
very
Temporalities
are
made
so
Spiritual
,
as
not
to
be
medled
with
by
the
Lay-Magistrate
,
unless
upon
judgment
first
obtained
against
them
.
And
suitably
thereunto
,
within
twelve
years
following
,
another
Law
was
made
more
punctual
,
That
their
Temporalties
should
not
be
seized
upon
for
contempts
,
They
shall
depute
the
next
and
most
lawful
Friends
of
the
Intestate
to
administer
his
Goods
.
The
Statute
at
Westminster
the
second
,
having
given
formerly
a
kind
of
allowance
that
the
Ordinary
should
be
Administrator
to
the
Intestate
,
Secondly
,
it
is
such
an
account
as
is
no
Evidence
in
any
Court
of
Record
.
And
lastly
,
if
upon
the
foot
of
the
account
,
any
arrere
remained
,
or
surplusage
of
Estate
;
the
Ordinary
could
neither
recover
,
nor
order
the
same
;
because
by
the
Law
anciently
,
the
next
friends
had
the
sole
interest
therein
:
and
being
by
this
Statute
made
Administrators
,
the
whole
power
of
ordering
the
Estate
is
vested
in
them
.
To
conclude
,
this
Statute
was
made
in
favour
,
and
for
the
ease
of
the
Ordinary
,
if
they
would
please
so
to
take
it
,
for
they
could
get
no
benefit
by
executing
the
Administration
in
their
own
persons
,
if
they
intended
to
Administer
according
to
the
Law.
The
persons
of
the
Clergy
are
priviledged
from
Arrests
,
This
was
plotted
since
Anselm's
time
;
he
and
his
Successors
endeavoured
by
Constitution
and
Canon
,
continually
to
mind
the
Civil
Magistrate
thereof
,
but
could
never
nurse
it
up
to
the
degree
of
a
Law
till
now
;
they
gained
the
advantages
of
the
times
,
growing
into
a
more
tender
apprehension
of
Devotion
than
formerly
.
Consecrated
ground
,
in
order
to
such
services
,
and
not
upon
Fraud
or
Collusion
to
avoid
Arrests
.
But
by
neither
of
these
Laws
was
the
Arrest
(
although
contrary
to
them
)
made
void
,
as
touching
the
Process
.
The
Goods
of
the
Clergy
are
discharged
from
Purveyance
,
The
latter
of
these
was
an
Encroachment
upon
the
greater
Clergy-men
.
For
under
the
Title
of
Hospitality
,
which
the
Prelates
were
obliged
to
by
their
great
Possessions
and
Revenues
conferred
upon
them
to
that
end
,
Kings
used
to
quarter
Messengers
to
and
from
Scotland
;
the
King's
Horses
,
Dogs
,
and
Hawks
,
&c.
But
the
point
of
Purveyance
was
an
ancient
Prerogative
belonging
to
Kings
;
and
by
no
Custom
were
the
goods
of
any
man
discharged
therefrom
,
till
it
was
by
Act
of
grace
first
confirmed
by
Edward
the
First
,
These
condescensions
might
have
wedded
the
English
Clergy
to
the
English
Crown
,
but
that
it
was
coy
,
and
expected
further
gratuities
.
Besides
,
they
beheld
their
old
Step-dame
Rome
now
in
its
full
Splendor
and
Power
,
and
deeply
interested
in
the
sway
of
affairs
in
this
Kingdom
:
and
above
all
the
rest
,
the
nigh
affinity
between
the
Prelate
and
the
Pope
was
such
,
that
they
sucked
one
Milk
,
breathed
one
Air
,
and
like
the
Philosophers
Twins
,
lived
in
each
other
.
The
latter
of
these
was
not
discerned
by
those
dim-sighted
times
,
and
therefore
they
could
do
nothing
towards
the
dissolution
of
that
knot
,
but
left
it
to
future
times
,
who
found
no
other
way
than
to
cut
it
asunder
.
But
Edward
the
Third
and
his
Successor
espyed
the
first
,
felt
the
inconvenience
thereof
,
and
applyed
themselves
to
such
remedy
as
they
found
most
ready
at
hand
.
All
things
that
are
subject
to
time
,
are
also
subject
to
change
;
which
comes
commonly
slower
upon
Governments
that
are
less
Ecclesiastical
:
for
Churches
continue
longer
in
a
growing
condition
,
than
in
their
complete
estate
;
like
a
Christian
,
that
seldom
endures
long
after
his
full
ripeness
.
Thus
in
England
it
is
hitherto
above
a
thousand
years
since
the
Gospel
came
to
the
Saxons
,
and
well-nigh
a
thousand
years
since
the
Pope
set
his
foot
amongst
us
;
ever
approaching
nigher
the
Throne
,
and
ascending
thereunto
;
but
finding
it
full
of
a
King
that
would
not
remove
,
he
sits
down
in
his
Lap
;
a
heavy
burthen
questionless
he
was
,
considering
his
claim
of
Jurisdiction
,
his
provisions
,
pensions
,
exemptions
,
impositions
,
and
such
like
oppressions
;
and
therefore
it
is
no
wonder
if
the
King
feeling
the
incumbrance
,
gives
a
lift
at
the
Popes
power
,
by
stoping
the
current
of
Money
from
England
,
Rome-wards
.
To
this
end
,
the
Statute
made
at
Carlisle
is
revived
,
whereby
the
Clergy
are
inhibited
from
conveying
Treasure
beyond
the
Seas
:
The
Roman
Eagle
had
made
many
a
fair
flight
in
England
,
and
had
not
yet
fully
gorged
himself
;
he
grants
ten
thousand
Marks
yearly
out
of
Taxes
laid
upon
the
Church-livings
in
England
unto
two
Cardinals
,
neither
of
which
did
,
nor
by
the
Canon
could
live
in
England
;
the
Treasurership
of
York
also
to
another
Cardinal
,
after
that
the
King
had
conferred
the
same
elsewhere
.
He
proceeds
also
further
to
invade
the
undoubted
rights
of
the
Crown
,
by
making
an
Election
of
the
B.
of
Norwich
,
and
causing
him
to
be
invested
Rege
renitente
.
The
King
spent
eight
years
in
the
recovery
of
his
right
,
and
was
deluded
in
the
conclusion
:
he
now
sees
it
bootless
to
stand
always
upon
his
defence
,
and
receives
affron●s
;
he
resolves
therefore
to
enter
the
lists
,
and
maketh
seizure
of
the
Deanery
of
York
,
which
formerly
by
usurpation
the
Pope
had
conferred
upon
a
Cardinal
;
Kings
Court
,
Citations
,
Excommunications
,
Interdictions
,
and
such
other
birds
of
prey
,
not
only
against
mean
men
,
but
Judges
,
Bishops
,
and
the
King's
Council
;
as
amongst
others
,
the
case
of
the
Bishop
of
Ely
,
at
the
solicitation
of
some
of
some
of
inferiour
regard
,
as
I
remember
,
a
Clerk
or
some
such
thing
.
Yet
as
these
Bull-drivers
or
Summoners
to
the
Romish
Court
,
But
as
touching
such
as
shall
accept
such
Provisions
,
he
ordained
Banishment
for
their
Persons
,
At
the
last
parliament
that
Richard
the
Second
did
hold
,
both
the
Lords
Temporal
and
Spiritual
are
opposed
one
by
one
.
William
Brian
had
purchased
the
Pope's
Excommunication
against
some
that
had
committed
Burglary
,
Spiritual
Sword
,
what
he
was
in
danger
to
lose
by
laying
aside
the
Sword
of
Justice
,
which
is
the
surest
Tenure
for
Kings
to
hold
by
.
And
though
the
Popedom
was
now
under
a
Schism
between
two
Popes
,
Nevertheless
,
these
two
Comrades
,
whilst
they
were
togather
,
resolved
to
make
the
most
of
each
other
that
they
could
;
and
therefore
though
the
Popedom
liked
not
the
King
,
yet
the
Pope
had
his
love
so
far
,
as
he
could
deny
himself
;
for
he
had
already
denied
his
Kingdom
.
And
(
if
the
Articles
exhibited
against
the
King
by
Henry
the
Fourth
be
true
)
the
Pope
had
his
Faith
also
:
Soit
fait
to
boot
.
The
sum
then
will
be
,
that
the
Prize
was
now
well
begun
concerning
the
Pope's
power
in
England
.
Edward
the
Third
made
a
fair
blow
,
and
drew
bloud
:
Richard
the
Second
seconded
him
,
but
both
retired
.
The
former
left
the
Pope
to
lick
himself
whole
;
the
later
gave
him
a
salve
,
and
yet
it
proved
a
Gangrene
in
the
conclusion
.
The
second
means
used
to
bring
down
the
power
of
the
Pope
in
this
Nation
,
was
to
abate
the
power
or
height
of
the
English
Clergie
.
For
though
the
times
were
not
so
clear
as
to
espy
the
root
of
a
Pope
in
Prelacy
,
yet
experience
had
taught
them
that
they
were
so
nigh
engaged
that
they
would
not
part
.
And
therefore
,
first
,
they
let
these
men
know
that
Prelacy
was
no
essential
Member
to
the
Government
of
the
Kingdom
;
but
as
there
was
a
Government
established
before
that
rank
was
known
,
so
there
may
be
the
like
when
it
is
gone
:
For
Edward
the
Third
being
troubled
with
a
quarrel
between
the
two
Archbishops
of
Canterbury
and
York
,
concerning
Superiority
in
bearing
the
Cross
,
and
the
important
affairs
of
Scotland
so
urging
,
summoned
a
Parliament
at
York
,
which
was
fain
to
be
delayed
and
adjourned
for
want
of
appearance
,
and
more
effectual
Summons
issued
forth
.
But
at
the
day
of
adjournment
none
of
the
Clergy
of
the
Province
of
Canterbury
would
be
there
;
and
upon
this
occasion
the
Parliament
was
not
onely
interrupted
in
their
proceedings
,
but
an
ill
Precedent
was
made
,
for
men
to
be
bold
with
the
King's
Summons
,
in
such
Cases
as
liked
not
them
;
and
thereupon
a
Statute
was
made
to
enforce
Obedience
upon
Citizens
and
Burgesses
,
determined
matters
without
their
Advice
;
and
such
matters
as
crossed
the
principles
of
these
men
,
and
therefore
in
a
rational
way
might
require
their
Sence
above
all
the
rest
,
had
they
not
been
prepossessed
with
prejudice
,
and
been
parties
in
the
matter
.
Nor
did
Edward
the
Third
ever
after
hold
their
presence
at
so
high
Repute
at
such
Meetings
;
and
therefore
summoned
them
,
or
so
many
of
them
,
as
he
thought
meet
for
the
occasion
,
sometimes
more
,
sometimes
fewer
;
and
at
a
Parliament
in
his
forty
and
seventh
year
,
he
summoned
only
four
Bishops
,
and
five
Abbots
.
And
thus
the
matter
in
fact
passed
in
these
times
,
albeit
the
Clergie
still
made
their
claim
of
Vote
,
and
desired
the
same
to
be
entred
upon
Record
.
And
thus
the
Parliament
of
England
tells
all
the
world
,
that
they
hold
themselves
compleat
without
the
Clergie
,
and
to
all
intents
and
purposes
sufficient
to
conclude
matters
concerning
the
Church
,
without
their
Concurrence
.
Thus
began
the
Mewing
time
of
Prelacy
,
and
the
principal
Feather
of
their
wings
to
fall
away
,
having
now
flourished
in
England
nigh
eight
hundred
years
.
And
had
future
Ages
pursued
the
flight
as
it
was
begun
,
these
Lordings
might
have
beaten
the
air
,
without
making
any
speedy
way
,
or
great
work
,
saving
the
noise
.
A
third
step
yet
was
made
further
,
in
order
to
the
reducing
of
the
power
of
the
Popedom
in
England
,
but
which
stumbled
most
immediately
upon
the
greatness
of
the
Prelates
.
For
it
was
the
condition
of
the
Spiritual
powers
,
besides
their
height
of
Calling
,
to
be
set
in
high
places
,
so
as
their
Title
was
from
Heaven
;
but
their
Possessions
were
from
Men
,
whereby
they
gained
Lordship
,
Authority
,
and
power
,
by
way
of
Appendix
to
their
Spiritual
Dignities
.
This
addition
however
it
might
please
them
,
yet
for
a
long
time
before
now
,
it
had
been
occasion
of
such
murmure
and
grudge
in
the
Commons
against
the
Clergie
,
as
though
it
advanced
the
Clergie
for
the
present
,
yet
it
treasured
up
a
back-reckoning
for
these
men
,
and
made
them
liable
to
the
displeasure
of
the
Laity
,
by
seizure
of
their
great
places
:
whenas
otherwise
their
Ecclesiastical
Dignities
had
been
beyond
their
reach
And
of
this
,
these
times
begin
now
to
speak
louder
than
ever
,
That
the
Kingdom
had
been
now
long
,
and
too
long
governed
by
the
Clergie
,
to
the
disherison
of
the
Crown
;
and
therefore
prayed
,
that
the
principal
Offices
of
the
Kingdom
might
henceforth
be
executed
by
the
Laity
.
And
thus
the
stir
arose
between
the
Lords
Temporal
and
Spiritual
,
each
prevailing
or
losing
ground
,
as
they
had
occasion
to
lay
the
way
open
for
them
.
The
Duke
of
Lancaster
being
still
upon
the
upper
ground
,
that
as
little
regarded
the
Popes
Curse
,
as
the
Clergie
loved
him
.
But
the
worst
,
or
rather
the
best
,
is
yet
behind
:
outward
power
,
and
Honourable
places
,
are
but
under-setters
,
or
props
to
this
Gourd
of
Prelacy
,
that
might
prove
no
less
prejudicial
by
creeping
upon
the
ground
,
than
by
perking
upward
.
For
so
long
as
Errour
abideth
in
the
Commons
,
Truth
can
have
little
security
amongst
Princes
;
although
it
cannot
be
denyed
,
but
it
is
a
good
sign
of
a
clear
morning
,
when
the
Sun-rising
gloryeth
upon
the
top
of
the
Mountains
.
God
gives
Commission
therefore
to
a
Worm
,
to
smite
this
Gourd
in
the
Root
;
and
so
at
once
both
Prelate
and
Pope
do
wither
by
undermining
.
This
was
Wickliff
,
that
had
the
double
honour
of
Learning
in
Humane
and
Divine
Mysteries
.
The
latter
of
which
had
for
many
years
passed
obscurely
,
as
it
were
in
a
twilight
amongst
the
meaner
sort
,
who
had
no
Endowments
to
hold
it
forth
amongst
the
throng
of
Learned
or
great
men
of
the
world
.
And
though
the
news
thereof
did
sound
much
of
Holiness
and
Devotion
,
Themes
unmeet
to
be
propounded
to
an
Age
scarce
civilized
:
yet
because
divers
of
them
were
more
immediately
reflecting
upon
the
policy
of
the
Church
,
wherein
all
the
greater
sort
of
the
Church-men
were
much
concerned
,
but
the
Pope
above
all
the
rest
;
the
access
of
all
,
the
matter
was
made
thereby
more
easie
to
the
consideration
of
the
great
Lords
and
Princes
in
the
Kingdom
,
who
out
of
principles
of
State
,
were
more
deeply
engaged
against
the
Pope
,
than
others
of
their
Rank
formerly
had
been
.
Duke
John
of
Gant
led
the
way
in
this
Act
,
and
had
a
party
amongst
the
Nobility
,
that
had
never
read
the
Canon-Law
.
These
held
forth
Wickliff
and
his
Learning
to
the
world
;
and
Edward
the
Third
himself
favoured
it
well
enough
,
but
in
his
old
Age
desiring
his
ease
,
was
contented
to
look
on
,
whilst
his
Lords
Temporal
and
Spiritual
played
their
prize
;
yet
giving
his
plaudite
rather
to
his
Son
,
than
his
Spiritual
Fathers
,
as
if
led
by
principles
of
Nature
,
rather
than
Religion
.
This
was
the
blossoming
part
of
the
Wickliffists
;
but
the
principal
strength
was
from
beneath
,
where
the
roots
spread
and
fastned
exceedingly
,
especially
in
the
South
and
Eastern
parts
of
this
Kingdom
.
To
tell
of
the
Vsurpations
of
the
Clergie
,
the
Idolatry
of
their
costly
Worship
,
the
vanity
of
their
Curses
,
&c.
was
exceeding
welcome
news
to
an
oppressed
multitude
;
especially
where
these
things
were
rightly
understood
.
The
issue
soon
manifested
it self
to
the
world
;
no
Parliament
passed
without
reflections
at
Prelates
,
Rome
,
or
some
such
thing
;
and
not
only
the
persons
and
practices
of
these
men
,
but
even
their
Laws
and
Canons
were
begun
to
be
had
in
contempt
,
No
marvel
if
Rome
be
now
rowzed
,
and
that
sort
of
men
that
formerly
were
Wolves
in
Sheeps
cloathing
,
become
now
red
and
fiery
Dragons
,
taking
up
a
new
course
of
establishing
their
power
by
persecution
.
This
was
a
way
of
power
indeed
;
but
it
is
a
touchy
thing
to
have
to
do
with
fire
,
lest
it
gets
too
high
.
It
is
therefore
holden
a
point
of
discretion
by
the
Prelates
,
not
to
meddle
with
the
Lords
or
the
common
people
;
the
former
were
too
great
,
the
latter
too
many
;
the
one
sort
would
not
hear
,
the
other
would
not
understand
:
the
Teachers
therefore
being
the
Velites
,
at
them
they
give
fire
.
Wickliff
their
Leader
comes
on
bravely
,
and
notwithstanding
they
all
made
at
him
,
he
routs
them
,
and
in
despite
of
them
all
comes
off
fairly
,
That
upon
complaint
of
the
Bishop
,
This
Law
(
for
such
it
yet
appears
)
gives
occasion
to
consider
of
these
particulars
,
viz.
The
Crime
,
the
Delinquents
,
the
manner
of
Inquisition
,
and
the
Penalty
.
For
the
first
,
(
not
to
trouble
my
way
with
Debate
about
the
right
of
liberty
of
preaching
)
the
matter
in
fact
was
,
that
men
did
publickly
Preach
without
Authority
,
matters
of
Theology
,
tending
(
as
it
is
said
)
to
sow
discord
and
discention
;
so
as
they
are
under
consideration
and
censure
of
the
Church-men
and
Canon-Law
,
in
one
regard
;
and
of
the
Laws
of
the
Kingdom
and
Civil
Magistrate
as
disturbers
of
the
peace
,
on
the
other
side
.
And
thus
the
Subjects
Liberty
is
cast
into
a
mysterious
,
cloudy
,
and
doubtful
posture
,
by
matters
of
Opinion
.
Secondly
,
the
persons
Delinquent
are
also
left
to
an
indefinite
Construction
;
for
they
are
not
only
Preachers
in
publick
,
which
might
be
an
Order
of
Men
within
the
Church-cognizance
,
as
things
then
stood
,
in
regard
it
was
permitted
to
the
Church
to
Authorize
men
to
Preach
;
but
also
their
Factors
and
Abettors
,
words
that
might
comprehend
any
other
person
whatsoever
,
according
to
the
passion
or
discretion
of
the
Church-men
.
Thirdly
,
the
manner
of
this
Inquisition
must
be
according
to
the
Canon
,
and
then
the
people
are
at
the
Church
mens
mercy
,
to
return
complaints
against
whom
they
please
,
upon
such
grounds
as
they
shall
think
meet
.
The
persons
that
must
make
this
Inquisition
by
this
Law
,
are
the
Ordinaries
,
or
any
one
of
them
;
and
for
ought
appears
,
the
same
might
be
done
by
Pope
,
Council
General
,
National
,
Provincial
,
Diocesan
,
or
their
Delegates
,
according
to
the
Canon
:
although
the
last
precedent
that
I
met
with
,
was
executed
by
a
Grand
Council
of
Lords
and
Prelates
,
in
the
time
of
Henry
the
Second
.
But
now
the
Clergie
finding
the
Laity
began
to
swell
against
the
Canon
,
they
thought
it
high
time
to
get
the
Civil
Sword
to
joyn
in
the
work
,
to
be
as
their
Hands
to
apprehend
,
and
Goalers
to
hold
in
custody
,
such
as
they
should
complain
of
,
without
any
other
Legal
Conviction
.
Although
hereby
they
not
only
disclaimed
the
exercising
of
their
own
power
of
Imprisoning
,
which
they
by
the
Canon
formerly
claimed
to
have
in
such
cases
,
but
also
acknowledged
to
receive
their
power
Judicatory
in
such
cases
from
the
Parliament
.
Thus
was
this
Ordinance
levelled
,
as
I
said
,
but
the
shot
fell
short
;
for
this
Law
attained
no
further
perfection
than
a
meer
shape
,
and
was
complained
of
by
the
Parliament
,
within
few
months
after
its
first
noise
;
That
it
was
made
and
published
without
the
Commons
consent
or
knowledge
,
and
that
the
nature
thereof
was
directly
contrary
to
the
Liberties
of
the
people
,
and
therefore
they
prayed
that
it
might
be
repealed
;
and
the
same
was
done
accordingly
;
although
the
times
have
been
such
as
would
not
suffer
the
same
to
come
into
the
publick
Book
of
Statutes
in
print
.
But
whether
Statute
,
or
no
Statute
,
they
tell
the
King
plainly
,
That
they
will
not
further
be
bound
or
justified
by
the
Prelates
,
than
they
or
their
Ancestors
were
anciently
used
to
be
;
and
besides
that
,
they
thought
somewhat
more
,
which
they
laid
up
against
future
times
;
nor
was
it
long
ere
they
discovered
it
.
For
a
Subsidy
being
offered
to
the
King
by
the
Laity
,
under
a
Proviso
,
That
the
Clergie
would
grant
a
Tenth
;
the
Clergie
took
this
Articulating
of
the
Commons
in
snuff
,
and
protested
that
the
Laity
should
not
charge
them
.
The
Commons
hereat
begin
to
bid
battle
to
the
Temporalties
of
the
Clergie
,
and
had
not
the
King
been
a
fast
Friend
in
good
earnest
unto
the
Clergie
,
the
Laity
had
won
the
Field
.
Thus
were
these
times
like
the
motion
of
the
Ballance
unto
the
Church-men
,
sometimes
up
,
sometimes
down
;
getting
somewhat
which
they
formerly
had
not
;
with
less
assurance
in
what
they
had
.
CHAP.
VII
.
Concerning
Trade
.
KINGS
hitherto
had
lived
upon
the
main
stock
,
improving
the
same
to
the
utmost
penny
;
few
of
them
laid
up
for
the
future
,
much
less
endeavoured
to
advance
the
principal
for
their
Successors
.
There
had
now
been
Ten
Kings
of
this
Nation
since
the
Conquest
,
all
of
them
spending
what
they
had
,
or
could
get
from
the
people
,
in
the
maintenance
of
their
Patrimony
,
or
their
own
Lusts
;
if
any
over-plus
was
either
gained
by
,
or
saved
from
the
game
,
their
Executors
might
be
the
better
for
it
,
their
Heirs
were
not
.
But
Edward
the
Third
had
a
new
game
to
play
,
he
must
gain
his
right
by
his
Sword
,
or
he
must
lose
it
:
his
Spirit
was
too
big
to
sit
still
and
bear
blows
;
and
yet
pre-advising
himself
about
the
poverty
of
the
people
,
and
that
their
patience
would
be
spent
soon
after
their
supplies
,
if
they
continually
saw
much
going
out
,
and
nothing
coming
in
;
he
had
a
rule
upon
his
private
expences
,
a
good
gloss
upon
the
publick
,
and
a
platform
for
the
augmenting
of
the
Treasure
of
the
Kingdom
,
as
well
for
the
benefit
of
the
people
as
of
the
Crown
.
In
order
to
the
first
,
it
is
considerable
,
that
the
Royal
Family
was
great
and
numerous
above
all
his
Predecessors
;
that
besides
the
King
and
Queen
,
who
were
of
a
gallant
and
accomplisht
deportment
,
they
had
a
Son
,
a
Prince
of
as
great
renown
as
ever
Prince
had
,
and
he
also
a
Family
suitable
to
his
generosity
;
that
they
had
other
Children
,
every
one
like
their
Father
both
for
War
and
Peace
;
and
that
for
the
maintenance
of
all
these
,
the
expences
must
be
in
reason
larger
than
formerly
they
were
wont
to
be
.
Nevertheless
,
because
purveyance
for
the
King
had
already
swelled
so
big
,
that
all
other
oppressions
seemed
to
be
swallowed
up
into
that
one
,
Secondly
,
Although
it
be
true
that
Edward
the
Third
was
a
King
of
many
Taxes
above
all
his
Predecessors
,
yet
cannot
this
be
imputed
as
a
blot
to
the
honour
of
the
Law
,
or
Liberty
of
the
people
;
for
the
King
was
not
so
unwise
,
as
either
to
desire
it
without
evident
cause
,
or
to
spend
it
in
secret
,
or
upon
his
own
private
interests
;
nor
so
weak
and
irresolved
,
as
not
to
employ
himself
and
his
Souldiers
to
the
utmost
to
bring
to
pass
his
pretentions
;
nor
so
unhappy
,
as
to
fail
of
the
desirable
issue
of
what
he
took
in
hand
.
So
as
though
the
people
parted
with
much
money
,
yet
the
Kingdom
gained
much
honour
and
renown
,
and
becoming
a
terrour
to
their
Neighbours
,
enjoyed
what
they
had
in
fuller
security
,
and
so
were
no
loosers
by
the
bargain
in
the
conclusion
.
Secondly
,
although
they
parted
with
much
,
yet
nothing
to
Prerogative
,
but
in
a
Parliamentary
way
;
and
so
it
was
not
taken
,
but
given
.
Thirdly
,
though
the
Taxes
were
frequent
,
yet
but
light
:
for
frequent
light
Taxes
steal
insensibly
without
regret
;
and
as
they
grow
into
matters
of
course
,
so
they
meet
with
acceptance
of
course
.
Two
things
made
them
of
light
account
.
First
,
they
were
not
Taxes
altogether
of
Money
in
kind
,
but
of
Goods
,
such
as
the
Sheaf
and
Fleece
,
and
such-like
things
,
whereof
the
ownership
is
visible
;
These
Taxes
likewise
were
reduced
to
the
ancient
rule
,
according
to
the
Statute
of
Westminster
the
first
.
And
thus
did
this
King
shew
himself
truly
Royal
in
demanding
his
Taxes
upon
evident
grounds
of
State
,
levying
them
with
a
tender
hand
,
and
employing
them
to
their
right
end
.
Thirdly
,
that
which
digested
all
,
and
bred
good
bloud
,
was
,
in
that
the
people
had
quid
pro
quo
,
by
the
advance
of
Trade
,
wherein
the
King
shewed
himself
the
Cape-Merchant
of
the
world
.
Certainly
,
mens
parts
in
these
times
were
of
vast
reach
,
that
could
manage
such
Wars
,
settle
such
a
Government
,
and
lay
such
a
foundation
of
a
Treasury
by
Trade
;
a
thing
necessary
to
this
Island
,
next
unto
its
own
being
,
as
may
appear
,
not
only
in
regard
of
the
Riches
of
this
Nation
,
but
in
regard
of
the
Strength
thereof
,
and
in
regard
of
the
maintenance
of
the
Crown
;
the
two
latter
of
which
being
no
other
than
a
natural
effluence
of
the
former
,
it
will
be
sufficient
to
touch
the
same
in
order
to
the
thing
in
hand
.
Now
as
touching
that
,
it
is
evident
that
the
riches
of
any
Nation
are
supported
by
the
Conjuncture
of
three
regards
.
First
,
That
the
natural
Commodities
of
the
Nation
may
be
improved
.
Secondly
,
That
the
poorer
sort
of
people
be
set
a
work
.
Thirdly
,
That
the
value
of
money
be
rightly
balanced
.
For
as
on
the
one
part
,
though
the
people
be
never
so
laborious
,
if
the
natural
Commodities
of
the
Island
be
not
improved
by
their
labour
,
the
people
can
never
grow
much
richer
,
than
barely
for
subsistence
during
their
labour
;
so
neither
can
the
improvement
of
the
natural
Commodity
inrich
the
Kingdom
,
so
long
as
many
mouths
are
fed
upon
the
main
stock
,
and
waste
the
same
by
idleness
and
prodigality
.
Nor
though
both
these
should
concur
,
yet
cannot
the
Kingdom
be
said
truely
to
be
rich
,
unless
by
intercourse
and
Traffick
there
be
an
emptying
out
of
the
superfluity
of
such
Commodities
by
way
of
Barter
,
or
otherwise
,
for
such
Forein
Commodities
whereof
this
Nation
slandeth
in
most
need
for
supply
of
all
occasions
.
For
God
hath
so
attempered
the
whole
Regiment
of
the
earth
,
in
such
manner
,
that
no
one
Nation
under
Heaven
can
well
and
comfortably
subsist
in
and
by
it self
,
but
all
must
give
and
receive
mutual
Commodity
from
each
other
:
otherwise
superfluity
would
make
any
Commodity
(
though
in
it self
never
so
precious
)
vile
;
and
little
conducible
to
the
inriching
of
the
Nation
.
Now
for
the
compassing
of
all
these
,
the
Wise
men
of
these
times
first
took
into
their
consideration
the
principal
Commodities
of
this
Kingdom
;
and
because
they
found
them
impounded
in
the
Staple
,
they
set
all
at
liberty
to
buy
and
sell
the
same
as
they
pleased
.
Free
Trade
of
Wool
throughout
the
Realm
,
and
matter
for
employment
by
every
man
that
would
:
but
this
continued
not
long
.
The
people
soon
had
Commodity
enough
for
work
;
and
Kings
liked
too
well
of
the
restraining
of
that
liberty
in
order
to
their
own
benefit
;
and
soon
found
out
occasions
to
reconcile
the
reason
of
State
with
their
own
Interests
,
and
at
length
setled
the
Staple
in
certain
places
in
several
parts
of
the
Kingdom
.
Wool
,
Leather
,
and
Lead
;
for
as
yet
the
Manufactures
were
not
come
to
maturity
.
Secondly
,
the
endeavour
was
to
advance
Manufacture
,
and
principally
such
of
them
as
are
made
of
the
Staple
Commodities
,
amongst
all
which
Wool
had
the
precedency
,
as
being
the
most
principal
and
ancient
Commodity
of
the
Kingdom
;
and
the
Manufacture
of
Wool
of
long
use
,
but
had
received
little
encouragement
before
these
times
,
for
that
it
formerly
had
been
the
principal
flower
in
the
Flemish
Garden
,
and
nourished
from
this
Nation
,
by
the
continual
supply
of
Wool
that
it
received
from
hence
,
which
was
the
principal
cause
of
the
ancient
League
between
the
House
of
Burgundy
and
this
Crown
.
But
Edward
the
Third
was
now
too
well
acquainted
with
the
Flemings
affairs
,
by
a
joynt
engagement
with
them
in
the
Wars
of
France
;
and
therein
had
gained
so
good
an
opinion
amongst
them
,
that
he
might
adventure
to
change
a
Complement
for
a
Courtesie
.
The
Staples
beyond
the
Sea
were
now
taken
away
,
he
now
inhibiteth
the
Importation
of
forein
Cloaths
;
The
third
step
to
the
advance
of
Trade
,
was
the
Exportation
of
the
Surplusage
of
the
Staple
Commodities
that
remained
over
and
besides
that
proportion
that
should
suffice
for
the
Manufactures
;
to
which
end
it
was
ordered
,
that
no
Wool
should
be
exported
till
it
had
remained
at
the
Staple
by
the
space
of
Fifteen
days
.
forein
Manufactures
,
the
importing
of
which
did
debase
the
home-made
Manufactures
,
and
discouraged
that
work
;
therefore
the
Law
was
made
to
reduce
the
vanity
of
Apparel
(
which
infected
these
times
)
to
more
Sobriety
.
Some
delight
in
forein
Commodities
and
Manufactures
,
is
,
doubtless
,
profitable
both
for
Trade
and
Shipping
;
so
as
what
is
Imported
exceeds
not
what
is
Exported
.
For
too
much
of
that
,
makes
the
Domestick
Commodity
contemptible
,
the
Nation
poor
,
and
the
people
want
work
;
because
it
is
a
noted
vanity
of
this
Nation
,
That
they
love
things
far
fetcht
,
and
dear
bought
.
As
a
cure
therefore
to
this
disease
,
English
Cloth
by
Law
is
enjoyned
to
be
worn
by
all
persons
under
the
degree
of
a
Lord
;
A
fourth
step
to
the
advancement
of
Trade
,
was
the
compelling
men
to
work
;
for
when
publick
employment
calls
men
forth
for
service
in
the
Field
,
their
mindes
once
in
commotion
,
or
upon
the
Wing
,
can
hardly
settle
any
where
,
or
stoop
to
the
Perk
again
,
unless
upon
hope
of
prey
or
gain
to
be
gotten
thereby
.
Such
were
the
times
of
Edward
the
Third
,
wherein
partly
for
that
cause
,
and
partly
for
the
scarcity
of
men
left
from
the
Sword
and
Pestilence
,
not
onely
Workmen
were
scarce
and
dear
,
but
even
the
Mass
it self
was
grown
stately
,
the
private
delights
of
Kings
and
great
men
,
and
scarce
vouchsafing
to
be
seen
by
common
gaze
,
but
at
a
great
distance
.
The
Priests
had
little
Charity
,
and
the
Poor
had
as
little
Money
;
so
as
no
Penny
,
no
Pater
Noster
.
A
sick
and
very
crazy
time
questionless
was
it
,
when
the
Clergie
were
stately
,
and
the
Poor
idle
.
The
Priests
Wages
for
this
cause
are
now
setled
;
A
fifth
means
to
advance
Trade
,
was
the
setling
of
a
Rule
upon
Exportation
and
Importation
;
this
wrought
a
double
effect
,
viz.
The
enriching
of
this
Kingdom
with
forein
Commodities
,
and
the
maintaining
of
Shipping
;
which
was
and
is
a
principal
means
,
not
onely
of
strength
unto
all
Sea-bordering
Countries
,
especially
regard
being
had
to
these
three
Considerations
.
First
,
That
Importation
does
bring
in
more
profit
than
Exportation
disburseth
.
Secondly
,
That
both
Exportation
and
Importation
be
made
by
Shipping
belonging
to
this
Nation
,
so
far
as
may
consist
with
the
benefit
of
this
Nation
.
Thirdly
,
That
Exportation
be
regulated
to
the
Overplus
,
saving
the
main
Stock
at
home
.
The
truth
of
the
first
will
be
evident
from
this
ground
;
That
no
Nation
can
be
rich
,
that
receiveth
more
dead
Commodities
from
abroad
than
it
can
spend
at
home
,
or
vend
into
forein
parts
,
especially
if
it
be
vended
in
its
proper
kind
,
and
not
in
Money
.
And
therefore
the
Laws
provided
,
The
second
is
no
less
beneficial
;
for
as
it
is
in
War
,
so
in
all
Trades
;
the
greater
the
number
is
that
is
employed
,
the
more
effectual
the
issue
will
be
:
And
therefore
though
it
in
the
general
be
more
beneficial
,
that
all
Exportation
and
Importation
might
be
by
our
own
Shipping
;
yet
in
regard
times
may
be
such
as
now
they
were
,
that
the
Shipping
of
this
Nation
is
more
than
ordinarily
employed
for
the
service
of
the
State
:
And
that
every
Nation
striveth
to
have
the
benefit
of
Exportation
by
Vessels
of
their
own
.
And
Lastly
,
in
regard
the
case
may
be
such
,
as
Importation
may
be
at
a
cheaper
rate
by
forein
Vessels
,
and
Exportation
likewise
may
for
the
time
be
more
prejudicial
to
this
Nation
,
if
done
by
our
own
Shipping
,
than
those
of
other
Nations
:
Therefore
the
course
must
be
changed
,
so
far
forth
as
will
stand
with
the
occasions
of
the
State
,
and
common
profit
of
this
Nation
.
And
for
these
causes
,
and
such-like
,
in
the
times
whereof
we
now
treat
,
The
third
and
last
Consideration
is
as
necessary
as
any
of
the
former
:
for
if
Trade
be
maintained
out
of
the
main
Stock
,
the
Kingdom
in
time
must
needs
be
brought
to
penury
,
because
it
is
their
Magazine
.
And
for
this
cause
it
was
provided
,
The
sixth
means
of
advancement
of
Trade
,
was
the
setling
of
the
Staple
;
for
as
it
was
an
encouragement
to
the
first
establishing
of
the
Manufacture
,
that
the
Staples
were
let
loose
;
so
when
the
Manufactures
had
taken
root
,
the
Staple
especially
now
fixed
to
places
within
this
Kingdom
,
brought
much
more
encouragement
thereto
.
First
,
For
preserving
a
full
Market
.
For
whilst
the
Commodity
lies
scattered
in
all
places
,
the
Market
must
needs
be
the
leaner
;
partly
in
regard
the
Commodity
lies
in
obscurity
,
and
partly
because
when
it
is
known
where
,
yet
it
is
not
easily
discovered
whether
it
be
vendible
or
not
;
and
besides
,
small
parcels
are
not
for
every
man's
labour
,
and
the
greater
are
not
for
every
man's
money
.
Secondly
,
Staples
are
convenient
for
the
slating
of
the
general
price
of
the
Commodities
,
in
regard
the
quantity
of
the
Commodity
is
thereby
the
more
easily
discovered
,
which
commonly
makes
the
price
.
And
the
quantity
of
the
Commodity
thus
discovered
,
will
not
onely
settle
the
price
to
it self
,
but
also
ballance
the
price
of
the
Manufacture
.
Thirdly
,
The
Staple
having
thus
discovered
the
quantity
of
the
Commodity
,
will
be
a
ready
way
to
settle
the
quantity
of
the
main
Stock
that
must
be
preserved
,
and
regulate
Exportation
as
touching
the
overplus
.
But
it
cannot
be
denied
that
the
first
and
principal
mover
of
the
making
of
the
Staple
,
was
the
benefit
of
the
Crown
:
For
when
the
Commodity
was
gone
beyond
the
Sea
,
it
importeth
not
to
the
Subjects
in
England
,
whether
the
same
be
sold
at
one
place
,
or
more
,
or
in
what
place
the
same
be
setled
,
until
the
Manufacture
was
grown
to
some
stature
;
and
then
the
place
became
litigious
.
The
benefit
of
Exportation
,
pretended
much
interest
in
the
setling
thereof
beyond
the
Sea
;
but
in
truth
it
was
another
matter
of
State.
For
when
it
was
beyond
Sea
,
it
was
a
moveable
Engine
to
convey
the
King's
pleasure
or
displeasure
,
as
the
King
pleased
;
for
it
was
a
great
benefit
to
the
Countrey
or
place
where-ever
it
setled
;
or
else
it
moved
or
stayed
according
to
the
inclination
of
the
People
where
it
was
,
either
for
War
or
Peace
.
But
on
the
contrary
,
the
Interest
of
the
people
began
to
interpose
strongly
.
And
for
these
causes
the
Parliament
likewise
intermeddled
in
the
place
;
and
thus
the
Scene
is
altered
:
Sometimes
it
is
beyond
the
Seas
,
in
one
place
or
in
another
:
sometimes
in
England
.
This
was
one
way
indeed
,
and
yet
possibly
another
might
have
been
found
.
For
if
a
Computation
had
been
made
of
the
main
Stock
,
and
a
Staple
setled
within
the
Kingdom
for
that
,
and
the
overplus
exported
to
a
Staple
beyond
the
Sea
,
it
might
have
proved
no
less
commodious
,
and
more
complying
.
It
is
very
true
,
that
there
are
many
that
call
for
the
Liberty
of
the
people
,
that
every
man
may
sell
his
own
Commodity
as
he
pleases
;
and
it
were
well
that
men
would
consider
themselves
as
well
in
their
Relations
,
as
in
their
own
Personal
Respects
.
For
if
every
man
were
independent
,
his
liberty
would
be
in
like
manner
independent
;
but
so
long
as
any
man
is
a
Member
of
a
Common-wealth
,
his
liberty
must
likewise
depend
upon
the
good
of
the
Common-wealth
;
and
if
it
be
not
good
for
the
Nation
that
every
man
should
sell
his
own
Commodity
as
he
pleaseth
,
he
may
claim
the
liberty
as
a
Free-man
,
but
not
as
an
English-man
.
Nor
is
that
liberty
just
,
so
long
as
his
Country
hath
an
interest
in
his
Commodity
for
its
safety
and
welfare
,
as
in
his
own
person
.
I
do
not
assert
the
manner
of
buying
the
Staple-Commodities
by
Merchants
of
the
Staple
,
to
sell
the
same
again
in
kind
for
their
private
advantage
.
Divers
limitations
must
concur
,
to
save
it
from
an
unlawful
ingrossing
;
nor
doth
it
appear
to
me
that
the
Staplers
in
these
times
used
such
course
,
or
were
other
than
mere
Officers
for
the
regulating
of
the
Staple
,
in
nature
of
a
Court
of
Piepowders
belonging
to
some
Fair
or
Market
.
Nevertheless
,
I
conjecture
that
it
may
well
be
made
evident
from
principles
of
State
,
that
Marts
,
Markets
,
and
Staples
of
Commodities
,
that
are
of
the
proper
Off-spring
of
this
Nation
,
are
as
necessary
to
Trade
,
as
Conduits
are
to
places
that
want
Water
.
The
seventh
and
last
means
that
was
set
on
foot
in
these
times
for
the
advance
of
Trade
,
was
the
regulating
of
the
Mint
,
and
the
current
of
Money
.
This
is
the
life
and
soul
of
Trade
:
for
though
exchange
of
Commodities
may
do
much
,
yet
it
cannot
be
for
all
,
because
it
is
not
the
lot
of
all
to
have
exchangeable
Commodities
,
nor
to
work
for
Apparel
and
Victual
.
Now
in
the
managing
of
this
trick
of
Money
,
two
things
are
principally
looked
unto
:
First
,
That
the
Money
be
good
and
currant
.
Secondly
,
embasing
of
Money
,
against
forein
Money
not
made
currant
,
against
counterfeit
and
false
Money
.
For
according
to
the
goodness
of
the
Money
,
so
will
the
Trade
be
more
or
less
:
For
the
Merchant
will
rather
lose
in
the
price
of
his
Commodity
in
Money
,
than
in
exchange
for
other
Commodity
;
because
the
value
thereof
is
less
certain
,
and
the
Transportation
more
chargeable
.
Secondly
,
as
touching
the
plenty
of
Money
,
that
is
as
necessary
to
the
advance
of
the
Trade
,
as
of
the
goodness
of
it
.
For
according
to
the
plenty
thereof
will
be
the
plenty
of
the
Manufactures
,
because
Handicrafts-men
having
no
Commodities
but
their
labour
,
cannot
work
for
exchange
,
nor
can
exchange
supply
Rents
and
maintenance
to
the
greater
sort
of
people
.
Thirdly
,
for
the
fuller
currance
of
the
Money
,
the
Issue
was
established
in
several
parts
of
this
Kingdom
,
according
to
the
ancient
custom
;
and
this
was
advantageous
both
to
the
Mint
,
and
to
the
Stock
of
Money
in
the
Kingdom
.
quantity
of
the
Staple-Commodities
necessary
to
be
retained
as
a
Stock
at
home
,
for
the
use
of
the
people
,
and
the
Manufactures
;
and
accordingly
to
ballance
the
trade
of
Exportation
and
Importation
,
by
opening
and
enlarging
,
or
shutting
and
straitning
the
Stream
,
as
occasion
doth
require
.
And
lastly
,
to
watch
the
course
of
the
Exchange
in
forein
parts
,
and
to
parallel
the
course
thereof
in
this
Land
thereto
.
For
otherwise
the
publick
must
necessarily
suffer
,
so
long
as
private
men
seek
their
own
particular
interests
onely
in
their
course
of
Trade
.
CHAP.
VIII
.
Of
Legiance
,
and
Treason
,
with
some
Considerations
upon
Calvin's
Case
.
AS
Times
change
Manners
,
so
do
Manners
change
Laws
.
For
it
is
the
wisdom
of
a
State
,
when
it
cannot
over-rule
Occasion
,
to
pursue
and
turn
it
to
the
best
issue
it
can
.
Multitude
of
Laws
therefore
are
not
so
much
a
sore
to
the
people
,
as
a
symptome
of
a
sore
people
.
Yet
many
times
Laws
are
said
to
be
many
,
whenas
they
are
but
one
,
branched
into
many
particulars
,
for
the
clearing
of
the
peoples
understanding
,
(
who
usually
are
not
excellent
in
distinguishing
)
and
so
become
as
new
Plaisters
made
of
an
old
Salve
,
for
Sores
that
never
brake
out
before
.
Such
sore
times
were
these
whereof
we
now
treat
,
wherein
every
touch
made
a
Wound
,
and
every
Wound
went
to
the
Heart
,
and
made
the
Category
of
Treason
swell
to
that
bigness
,
that
it
became
an
individuum
vagum
,
beyond
all
rule
,
but
the
present
sence
of
timorous
Judges
,
and
a
touchy
King.
Thus
were
many
of
the
ignorant
and
well-meaning
people
in
an
hideous
danger
of
the
gulf
of
forfeiture
,
before
they
found
themselves
nigh
the
brim
.
All
men
do
agree
that
Treason
is
a
wound
of
Majesty
;
but
all
the
doubt
is
,
where
this
Majesty
resteth
originally
,
and
what
is
that
Legiance
which
is
due
thereto
,
the
breach
whereof
amounteth
to
so
high
a
censure
:
for
some
men
place
all
Majesty
in
one
man
,
whom
they
call
an
absolute
Monarch
:
Others
,
in
the
Great
men
:
And
others
,
in
the
People
;
and
some
in
the
concurrence
of
the
King
and
body
of
the
People
.
And
it
is
a
wild
way
to
determine
all
in
one
Conclusion
,
whenas
the
same
dependeth
wholly
upon
the
constitution
of
the
Body
.
Look
then
upon
England
in
the
last
posture
,
as
the
rigider
sort
of
Monarchical
Politicians
do
,
and
Majesty
will
never
be
in
glory
,
but
in
the
concurrence
of
the
King
and
Parliament
,
or
Convention
of
Estates
;
and
so
upon
the
whole
account
it
will
be
upon
the
People
,
whose
welfare
is
the
supream
Law.
Rome
had
Kings
,
Consuls
,
Dictators
,
Decemviri
,
and
Tribunes
,
long
before
the
Orator's
time
;
and
he
saw
the
foundation
of
an
Empire
,
or
perpetual
Dictatorship
,
in
the
person
of
the
first
of
the
Caesars
:
any
of
all
which
might
have
challenged
the
supremacy
of
Majesty
above
the
People
.
And
yet
the
often
change
of
Government
shewed
plainly
that
it
rested
upon
another
pin
;
and
the
Orator
in
express
words
no
less
;
when
speaking
of
the
Majesty
of
that
Government
,
he
allotteth
it
not
to
those
in
chief
command
,
but
defineth
it
to
be
magnitudo
populi
Romani
.
Afterwards
,
when
the
pride
of
the
Emperours
was
come
to
its
full
pitch
in
the
times
of
Augustus
and
Tiberius
,
an
Historian
of
those
times
,
in
the
Life
of
Tiberius
,
That
he
declared
the
bounds
of
Treason
to
be
determined
in
Three
particular
instances
;
of
Treachery
against
the
Army
;
Sedition
amongst
the
People
;
and
violating
the
Majesty
of
the
People
of
Rome
:
In
all
which
,
men
were
not
punishable
for
words
,
but
for
actions
and
endeavours
.
I
do
not
herein
propound
the
Government
of
the
Roman
Empire
as
a
model
for
England
,
but
à
majori
may
conclude
,
that
if
the
proper
seat
of
Majesty
was
in
the
people
of
Rome
when
Emperours
were
in
their
fullest
glory
,
it
is
no
defacing
of
Majesty
in
England
to
seat
it
upon
the
whole
body
,
from
whom
the
same
is
contracted
in
the
Representative
,
and
so
much
thereof
divided
unto
the
person
of
the
King
,
as
any
one
Member
is
capable
of
,
according
to
the
work
allotted
unto
him
.
These
several
seats
of
Majesty
making
also
so
many
degrees
,
do
also
imply
as
many
degrees
of
wounding
:
for
it
is
written
in
Nature
,
That
the
offence
tending
to
the
immediate
destruction
of
the
whole
body
,
is
greater
than
that
which
destroyeth
any
one
Member
onely
;
and
when
the
written
Law
maketh
it
Treason
to
compass
the
destruction
of
the
King's
Person
,
it
leaveth
it
obvious
to
common
sence
,
that
it
is
a
higher
degree
of
Treason
to
compass
the
destruction
of
the
Representative
;
and
above
all
,
to
destroy
the
whole
body
of
the
people
:
Crimes
that
never
entred
into
the
conceit
of
wickedness
it self
in
those
more
innocent
times
;
much
less
saw
they
any
cause
to
mention
the
penalty
by
any
written
Law.
Nevertheless
,
because
many
sad
examples
had
occurred
within
the
memory
of
this
present
Age
,
of
the
danger
of
the
person
and
honour
of
Kings
;
and
yet
on
the
other
side
they
saw
that
in
such
cases
of
Treason
the
King's
honour
was
made
of
reaching
Leather
,
and
might
easily
be
strained
within
the
compass
of
a
wound
of
Majesty
:
therefore
Edward
the
Third
,
imitating
Tiberius
,
reduced
the
crime
of
wound
of
Majesty
in
the
Person
of
the
King
,
into
certain
particular
instances
,
out
of
the
compass
whereof
the
Judges
of
the
Law
in
ordinary
course
must
not
determine
Treason
.
These
concern
either
the
safety
of
the
Person
of
the
King
,
Privy
seal
,
the
value
of
Money
,
and
by
persons
in
matters
of
Judicature
judicially
presiding
;
all
of
them
reflecting
upon
the
King
,
considered
in
his
politick
capacity
.
For
otherwise
many
crimes
might
have
been
mentioned
,
more
fatally
reflecting
upon
the
King
in
his
natural
capacity
,
which
nevertheless
are
omitted
,
as
not
worthy
of
so
high
a
censure
.
Other
Treasons
are
left
to
the
determination
of
the
Parliament
as
occasion
should
offer
it self
,
which
were
of
a
temporary
regard
,
and
lived
and
died
with
the
times
.
To
these
two
notions
of
Majesty
and
Treason
,
I
must
adde
a
third
,
called
Legiance
;
for
it
is
that
which
maketh
Majesty
to
be
such
indeed
,
and
lifteth
it
into
the
Throne
,
and
whereof
the
highest
breach
makes
Treason
.
And
because
that
which
hath
been
already
said
reflecteth
upon
an
Opinion
,
or
rather
a
knot
of
Opinions
(
for
I
find
them
not
punctually
adjudged
)
in
Calvin's
Case
,
I
must
a
little
demur
to
them
,
because
as
their
sence
is
commonly
taken
,
it
alters
the
fundamental
nature
of
the
Government
of
this
Nation
from
a
Common-wealth
to
a
pure
Monarchy
.
In
handling
of
this
Case
,
the
honourable
Reporter
took
leave
to
range
into
a
general
discourse
of
Legiance
,
although
not
directly
within
the
conclusion
of
the
Case
;
and
therein
first
sets
down
the
general
nature
thereof
,
That
it
is
a
mutual
bond
between
an
English
King
and
his
people
;
and
then
more
particularly
sets
forth
the
nature
of
this
bond
in
the
several
duties
of
obedience
and
fealty
,
fol.
5.
a.
and
those
also
in
their
several
properties
,
viz.
Natural
,
Absolute
,
fol.
7.
a.
due
to
the
King
omni
,
soli
,
&
semper
,
fo.
12.
a.
in
his
natural
and
not
publick
capacity
,
fol.
10.
a.
Whereas
he
saith
,
this
bond
is
natural
,
he
meaneth
that
it
is
due
by
birth
,
fol.
7.
a.
By
absolute
(
if
I
mistake
him
not
)
he
meaneth
,
that
it
is
indefinite
,
fol.
5.
b.
viz.
not
circumscribed
by
Law
,
but
above
Law
,
and
before
Law
,
fol.
13.
a.
and
that
Laws
were
after
made
to
enforce
the
same
by
penalties
,
fol.
13.
b.
and
therefore
he
concludeth
that
this
legiance
is
immutable
,
fol.
13.
b.
and
fol.
14.
a.
Thus
having
slated
the
point
as
truly
as
I
can
,
both
for
the
nature
of
Legiance
,
and
the
object
thereof
,
viz.
the
King
,
and
not
the
People
,
otherwise
than
in
order
to
the
safety
and
honour
of
the
King's
person
,
considered
in
his
natural
capacity
as
he
is
a
man
:
I
shall
in
the
next
place
examine
the
grounds
as
they
are
severally
set
down
,
and
therein
shall
lead
the
Reader
no
further
than
the
Reporters
own
concessions
.
Not
troubling
the
Reader
with
any
doubt
,
whether
this
Bond
consists
in
obedience
onely
,
or
in
that
fealty
:
and
in
all
,
shall
ever
be
mindful
of
the
honour
of
that
Pen
with
which
I
have
to
deal
.
First
,
whereas
it
is
said
,
that
English
Legiance
is
natural
,
and
grounded
upon
the
birth
of
each
party
within
the
Kings
Dominions
and
protection
,
it
needeth
no
debate
,
so
as
the
same
be
taken
sano
sensa
,
viz.
for
a
qualified
Legiance
,
without
those
sublimities
of
absolute
,
indefinite
,
immutable
,
&c.
for
otherwise
if
such
a
high
strain
of
Legiance
be
due
from
every
English
man
by
birth
;
then
all
the
Magna
Charta
,
or
Laws
concerning
the
Liberties
of
the
people
,
come
too
late
to
qualifie
the
same
,
because
they
cannot
take
away
the
Law
of
Nature
,
fol.
14.
a.
And
thus
the
party
once
born
English
,
must
for
ever
remain
absolutely
obliged
to
the
King
of
England
,
although
haply
he
lives
not
two
Months
under
his
protection
all
his
ensuing
life-time
.
Secondly
,
the
Legiance
of
an
English-man
to
his
King
,
ariseth
from
that
civil
Relation
between
the
two
Callings
of
King
and
Subject
,
and
therefore
it
is
not
a
natural
bond
which
cannot
be
taken
away
.
The
first
is
true
,
by
the
Reporter's
own
concessions
;
Protectio
trahit
subjectionem
,
&
subjectio
protectionem
;
so
he
saith
,
fol.
5.
a.
fol.
9.
b.
and
therefore
though
it
be
granted
that
Magistracy
in
general
is
from
Nature
,
as
he
saith
,
fol.
13.
a.
yet
of
weak
birth
is
that
inference
which
he
maketh
,
viz.
That
English
Allegiance
is
a
principle
in
Nature
.
Unless
it
be
also
admitted
,
that
all
men
on
Earth
that
submit
not
to
English
Legiance
do
sin
against
Nature
.
The
difference
then
will
stand
thus
;
Magistracy
is
founded
in
Nature
,
therefore
Legiance
also
.
But
English
Magistracy
is
from
Civil
constitution
,
therefore
is
English
Legiance
of
the
like
nature
.
In
the
next
place
the
Reporter
saith
,
that
before
any
Municipal
Law
was
made
,
Kings
did
dare
jura
;
and
he
mounts
as
high
for
an
example
as
the
Trojans
Age
,
by
the
Testimony
of
Virgil.
But
I
believe
he
intended
not
much
strength
in
this
,
seeing
it
is
well
known
by
any
that
knows
the
Scriptures
,
that
there
were
Municipal
Laws
given
,
and
that
concerning
the
Office
of
a
King
,
by
Moses
,
which
were
more
ancient
than
those
of
Troy
,
and
long
before
the
time
of
Virgil
,
who
neither
tells
us
in
what
manner
those
Trojan
Laws
were
made
,
though
the
Kings
gave
them
:
nor
if
all
were
according
to
the
Reporter's
sence
,
is
the
testimony
of
a
Poet
(
who
sometimes
useth
his
Poetica
licentia
)
to
be
taken
in
terminis
.
In
the
next
place
,
the
Reporter
voucheth
the
Testimony
of
Fortescue
,
c.
12
,
&
13.
which
is
as
absolutely
opposite
to
the
main
point
in
hand
,
as
any
Pen
can
declare
:
For
he
tells
us
of
divers
sorts
of
Kingdoms
,
some
gotten
by
Conquest
,
as
those
of
Nimrod
and
Belus
,
&c.
But
,
saith
he
,
There
is
a
Kingdom
politick
,
which
is
by
the
association
of
men
by
consent
of
Law
,
making
one
chief
,
who
is
made
for
defence
of
Law
,
and
of
his
Subjects
Bodies
and
Estates
,
and
he
cannot
govern
by
any
other
power
;
and
of
this
nature
,
faith
he
,
the
Kingdom
of
England
is
,
fol.
30.
31
,
32.
A
second
piece
of
the
foundation
of
this
opinion
of
the
Reporter
is
taken
ab
inani
;
it
is
a
vain
thing
,
saith
he
,
to
prescribe
Laws
,
but
where
by
Legiance
foregoing
,
people
are
bound
to
obey
.
But
this
compared
with
the
words
of
Fortescue
,
formerly
mentioned
,
falls
of
it self
to
dust
;
and
therefore
I
shall
not
further
enlarge
concerning
it
.
Thirdly
,
The
Reporter
brings
in
,
to
help
the
matter
,
the
consent
of
the
Law
in
elder
times
,
by
certain
Cases
vouched
to
that
purpose
;
the
first
concerning
the
Legiance
of
Children
to
Parents
;
which
cometh
not
to
this
case
,
because
it
is
a
Legiance
of
Nature
;
and
this
Legiance
whereof
we
speak
,
is
yet
under
a
litigious
Title
:
And
I
suppose
will
in
the
conclusion
be
found
to
rest
onely
upon
a
Civil
constitution
;
therefore
I
leave
that
.
The
second
is
,
That
a
man
attainted
and
outlawed
,
is
nevertheless
within
the
King's
protection
;
for
this
(
saith
the
Reporter
)
is
a
Law
of
Nature
,
Indelebilis
&
immutabilis
,
and
neither
Parliament
nor
Statue
can
take
this
power
away
,
fol.
13.
b.
14.
a.
And
therefore
the
Reporter
concludes
,
That
as
well
the
Legiance
of
the
Subject
,
as
the
Protection
of
him
by
the
King
,
are
both
of
them
from
the
Law
of
Nature
.
An
opinion
that
speaks
much
mercy
,
yet
it
seems
strange
,
considering
the
Pen
:
for
if
it
be
a
Law
of
Nature
,
and
immutable
,
for
the
King
to
protect
persons
attainted
,
then
must
no
such
person
suffer
;
for
if
he
be
under
the
King's
protection
,
that
being
by
a
Law
of
Nature
,
cannot
be
changed
by
any
positive
Law
,
as
the
Reporter
saith
;
nor
can
the
King
be
so
bound
by
any
such
Statute
,
but
by
a
non
obstante
be
can
set
himself
at
liberty
when
he
pleaseth
:
and
then
the
issue
will
be
this
,
The
King
hath
a
natural
power
to
protect
the
persons
of
Law-breakers
from
the
power
of
the
Law
,
therefore
much
more
their
Estates
;
and
then
farewel
all
Law
,
but
this
of
the
Kings
natural
Protection
.
I
say
that
these
are
of
a
high
strain
,
considering
what
the
Reporter
speaketh
elsewhere
.
But
to
pursue
his
instance
,
he
saith
,
That
the
King
hath
power
to
protect
an
attainted
person
:
That
if
any
man
kill
him
without
warrant
,
he
is
a
Man-slayer
;
and
yet
this
person
attainted
hath
lost
the
legal
protection
.
viz.
That
he
must
not
suffer
in
other
manner
than
the
Sentence
determineth
,
nor
before
Warrant
of
Execution
issue
forth
to
that
end
.
And
notwithstanding
the
Sentence
,
yet
the
Law
leaveth
him
a
liberty
of
Purchase
,
or
Inheritance
,
though
to
the
use
of
the
Crown
;
and
therefore
in
some
respects
the
Law
protects
his
person
so
long
as
he
lives
,
and
the
King
's
natural
Protection
is
in
vain
in
such
cases
.
Lastly
,
suppose
the
King
hath
a
power
of
Non
ohstante
,
if
the
same
be
allowed
to
him
in
a
limited
way
by
the
Law
,
it
is
no
Argument
to
prove
the
King's
natural
power
,
which
is
driven
at
under
natural
Legiance
,
much
less
if
it
cannot
be
made
forth
that
the
Law
doth
allow
any
such
power
of
Non
obstante
at
all
;
but
by
the
iniquity
of
the
times
,
permitteth
the
same
to
subsist
,
onely
to
avoid
Contention
,
as
it
came
into
this
Kingdom
by
way
of
Usurpation
.
And
thus
I
have
onely
discovered
the
Foundation
of
this
first
Qualification
,
which
I
shall
onely
leave
naked
,
supposing
that
no
man
seeing
it
,
will
build
at
all
thereupon
.
The
second
Property
that
cometh
to
be
considered
is
,
That
English
Legiance
is
absolute
,
fol.
5.
b.
fol.
7.
a.
which
is
a
word
of
a
vast
extent
,
serving
rather
to
amaze
men's
apprehensions
than
to
enlighten
them
.
And
therefore
the
Reporter
did
well
not
to
trouble
himself
or
the
Reader
in
the
clearing
or
proof
thereof
,
but
lest
the
point
rather
to
be
believed
than
understood
;
nor
shall
I
in
the
Negative
.
For
God
himself
can
have
no
other
Legiance
from
an
Englishman
,
than
absolute
Legiance
;
and
Kings
being
(
as
other
men
)
subject
to
erre
,
especially
in
this
point
of
Prerogative
are
much
rather
subject
thereto
,
being
misled
by
such
Doctrines
as
these
are
.
The
Scripture
determines
this
point
,
The
third
property
of
English
Legiance
which
the
Reporter
insisteth
upon
,
is
,
that
it
is
indefinite
;
which
he
explaineth
to
be
Proprium
quarto
modo
,
so
as
it
is
both
Vniversal
and
Immutable
,
fol.
5.
b.
fol.
12.
and
neither
defined
by
Time
,
Place
,
or
Person
.
As
touching
the
Time
and
Person
,
the
Reporter
enlarged
not
at
all
,
therefore
I
shall
onely
leave
the
Reader
to
chew
upon
the
point
,
supposing
himself
in
the
first
times
of
Edward
the
Fourth
,
when
Henry
the
Sixth
was
then
alive
;
and
let
him
resolve
to
which
of
them
his
Legiance
had
been
due
,
considering
them
both
in
their
natural
capacity
,
as
the
Reporter
would
have
it
.
But
as
touching
the
place
,
it
is
reported
that
English
Legiance
is
not
onely
due
from
an
English
man
to
an
English
King
in
England
;
but
in
all
places
of
the
Kings
Dominions
,
though
otherwise
Forem
,
as
to
the
power
of
the
Law
of
England
.
Yea
,
saith
the
Reporter
,
as
far
as
the
Kings
power
of
protection
doth
extend
.
And
yet
this
had
not
been
enough
,
if
the
Premises
be
granted
:
For
if
this
Legiance
whereof
we
speak
be
absolute
,
and
omni
,
soli
,
&
semper
,
then
it
is
due
to
the
King
from
an
English
man
ubivis
Gentium
.
Nevertheless
,
to
take
the
Reporter
in
a
moderate
sence
,
it
is
worth
consideration
,
whether
English
Legiance
in
the
days
of
Edward
the
Third
extended
as
far
as
the
Kings
power
of
Protection
,
whenas
he
had
the
Crown
of
France
in
a
Forein
right
to
that
of
England
.
In
this
the
Reporter
is
extreamly
positive
,
upon
many
grounds
which
he
insisteth
upon
.
First
,
he
saith
,
that
Verus
and
Fidelis
are
qualities
of
the
mind
,
and
cannot
be
circumscribed
within
the
predicament
of
Vbi
;
and
upon
this
ground
he
might
conclude
,
that
this
Legiance
is
due
to
the
King
from
an
English
man
all
the
world
over
,
as
well
as
in
all
the
King's
Dominions
.
But
concerning
the
ground
,
it
may
be
denied
:
for
though
simply
in
it self
considered
as
a
notion
,
Verity
or
Fedility
are
not
circumscribed
in
place
;
yet
being
qualities
of
the
Soul
,
and
that
being
in
the
Body
,
in
relation
thereunto
,
it
may
be
in
the
predicament
of
Vbi
:
for
where-ever
that
Body
and
Soul
is
,
there
is
Faith
and
Truth
according
to
its
model
;
which
though
not
absolute
and
indefinite
,
yet
if
according
to
the
Laws
of
the
place
wherein
the
man
is
,
he
is
truly
said
to
be
Verus
&
Fidelis
.
Secondly
,
The
Reporter
argueth
,
that
the
King's
Protection
is
not
local
,
or
included
within
the
bounds
of
England
,
therefore
also
is
not
the
Legiance
:
for
,
Protectio
trahit
Legiantiam
,
&
Legiantia
Protectionem
.
Had
this
reason
been
formed
into
a
Syllogisim
,
it
had
appeared
less
valuable
;
for
the
Protection
of
an
English
King
,
qua
talis
,
of
an
English
man
,
is
local
,
and
included
within
the
bounds
of
the
Kingdom
.
But
if
the
same
King
be
also
King
of
France
,
or
Duke
of
Aquitane
,
and
an
English
man
shall
travel
into
those
parts
,
he
is
still
under
the
same
King's
protection
,
yet
not
as
King
of
England
,
but
as
King
of
France
,
or
Duke
of
Aquitane
.
Otherwise
,
let
the
party
be
of
France
,
or
Aquitane
,
or
England
,
all
is
one
,
he
must
be
(
whether
French
or
English
)
under
an
unlimited
absolute
Protection
,
without
regard
had
to
the
Customs
or
Laws
of
the
place
;
yea
,
contrary
to
them
,
which
I
believe
the
Reporter
never
intended
to
affirm
.
Thirdly
,
The
Reporter
salleth
upon
the
matter
in
fact
,
and
tells
us
,
that
the
King
of
England
did
many
times
,
De
facto
,
grant
Protections
to
persons
in
places
out
of
the
English
Consines
;
and
it
will
not
be
denied
.
But
never
was
any
absolute
and
indefinite
Protection
so
granted
:
for
the
Protection
extends
to
defence
from
injury
,
and
all
injury
is
to
be
expounded
and
judged
according
to
the
Laws
of
the
place
.
Nor
do
any
of
the
Precedents
vouched
by
the
Reporter
clear
,
that
the
King
of
England
did
grant
,
as
King
of
England
,
Protection
to
any
Englishman
in
any
parts
of
the
King's
Dominion
beyond
the
Seas
,
which
was
not
qualified
according
to
the
Laws
and
Customs
of
that
place
.
Especially
it
being
apparent
,
that
an
English
King
may
hold
Dominion
in
Foreign
parts
,
in
Legiance
under
a
Foreign
King
;
as
Edward
the
Third
held
the
Dutchy
of
Guien
;
and
therefore
cannot
grant
absolute
Protection
in
such
place
,
nor
receive
absolute
Legiance
from
any
person
there
being
.
Fourthly
,
The
Reporter
saith
,
That
the
King
of
England
hath
power
to
command
his
Subjects
of
England
to
go
with
him
in
his
Wars
,
as
well
without
the
Realm
of
England
,
as
within
the
same
;
therefore
the
Legiance
of
an
Englishman
to
his
King
,
is
indefinite
,
and
not
local
,
or
circumscribed
by
place
,
or
within
the
Kingdom
of
England
.
Although
the
first
of
th●se
be
granted
,
yet
will
not
the
inference
hold
;
for
possibly
this
may
arise
from
the
constitution
of
a
positive
Law
,
and
not
from
natural
or
absolute
Legiance
;
nor
doth
any
Authority
by
him
cited
,
justifie
any
such
Legiance
.
But
I
cannot
agree
the
first
;
for
it
is
not
true
,
that
the
King
hath
any
such
power
from
his
own
personal
interest
;
nor
doth
the
authority
of
former
Ages
warrant
any
such
matter
.
For
a
fuller
disquisition
whereof
,
I
shall
refer
the
Reader
to
the
Eleventh
Chapter
ensuing
,
because
the
whole
matter
concerning
the
Militia
cometh
there
to
be
handled
in
course
.
Fifthly
,
To
close
up
all
the
rest
,
the
Reporter
brings
The
Testimony
of
the
Judges
of
the
Common
Law
,
out
of
the
Testimony
of
Hengham
;
wherein
an
Action
was
brought
by
a
French
woman
against
an
English
man
,
who
refused
to
answer
,
because
the
Plaintiff
was
a
French
woman
,
and
not
of
the
Legiance
or
Faith
of
England
.
This
was
disallowed
by
the
Judges
,
because
Legiance
and
Faith
was
referred
to
England
,
and
not
to
the
King.
Thereupon
the
Defendant
averred
,
that
the
Plaintiff
is
not
of
the
Legiance
of
England
,
nor
of
the
Faith
of
the
King
:
And
upon
this
Plea
thus
amended
,
the
Plaintiff
gave
over
her
Action
.
The
Reporter
from
hence
observeth
,
that
Faith
and
Legiance
is
referred
to
the
King
indefinitely
and
generally
,
and
therefore
it
is
so
due
to
him
.
The
reason
might
have
had
more
force
,
had
the
Object
of
Allegiance
,
or
the
nature
thereof
,
been
the
point
in
question
;
but
neither
of
them
coming
to
debate
,
and
Allegiance
being
subjected
to
England
,
and
Faith
to
the
King
,
I
see
not
what
more
can
be
concluded
from
hence
,
but
that
Allegiance
from
an
English
man
is
due
to
England
,
and
Faith
to
the
King
;
which
I
suppose
must
be
intended
to
be
in
order
to
that
Allegiance
;
because
by
the
former
Plea
England
had
them
both
,
and
the
King
was
wholly
left
out
in
the
Case
.
Nevertheless
,
I
rather
think
that
the
present
point
in
controversie
will
receive
little
light
herefrom
on
either
part
.
We
are
now
come
to
the
fourth
property
of
English
Legiance
,
that
it
is
due
to
the
King
's
Natural
Capacity
,
and
not
to
his
Politick
Capacity
or
due
to
the
Office
of
a
King
,
in
regard
of
the
Person
of
the
Man
,
and
not
to
the
Person
in
regard
of
the
Office
,
fol.
20.
And
because
this
is
of
no
small
importance
,
neither
easily
understood
,
nor
granted
:
Therefore
he
backeth
his
Opinion
by
many
reasons
.
First
,
he
saith
,
that
the
King
sweareth
to
his
Subjects
in
his
Natural
Capacity
,
therefore
the
Subjects
swear
to
him
in
his
Natural
Capacity
.
This
reason
was
intended
to
be
taken
from
Relatives
,
and
then
it
should
have
been
thus
:
A
King
doth
swear
to
his
Subjects
in
their
Natural
Capacity
,
therefore
Subjects
swear
to
a
King
in
his
Natural
Capacity
.
But
it
being
otherwise
,
it
is
mistaken
,
and
proves
not
the
Point
.
Yet
if
we
should
take
the
Reporter
,
in
sano
Sensu
,
there
is
no
question
but
the
Oath
is
made
to
the
Natural
Capacity
;
yet
not
Terminativè
,
more
than
the
Oath
of
the
Tenant
to
his
Lord
,
which
this
Author
pleaseth
to
couple
with
the
mutual
dependence
between
King
and
Subject
,
fol.
4.
b.
5.
a.
Nor
doth
the
Oath
of
an
Englishman
bind
him
to
the
Obedience
of
all
,
or
any
Commands
,
which
the
King
shall
give
in
relation
onely
to
his
Natural
Capacity
,
or
in
opposition
to
his
Politick
Capacity
:
Nor
will
the
Reporter
himself
allow
that
the
Politick
Capacity
of
the
King
,
can
be
separate
from
his
Natural
Capacity
,
fol.
10.
And
yet
it
is
evident
that
a
King
may
in
his
Natural
Capacity
command
that
,
of
which
his
Politick
Capacity
cannot
give
Allowance
.
The
second
reason
of
this
Opinion
,
is
taken
from
the
nature
of
Treason
,
which
saith
the
Reporter
is
committed
against
the
Natural
Person
of
the
King
;
and
this
is
against
due
Legiance
,
according
to
the
form
of
Indictments
in
that
Case
provided
.
This
is
not
demonstrative
,
because
that
crime
which
is
done
against
the
Natural
Person
of
a
Man
,
may
as
well
extend
to
it
in
relation
to
his
Place
or
Office
;
and
so
may
Treason
be
plotted
against
the
Natural
Person
of
a
King
,
as
he
is
King
:
neither
is
there
any
other
difference
between
the
murther
of
a
King
,
and
a
private
Man
,
but
only
in
regard
to
the
Place
and
Office
of
a
King
,
which
makes
the
murther
of
him
Treason
.
For
which
cause
all
Indictments
that
do
conclude
,
Contra
Legiantiae
debitum
,
do
as
well
also
conclude
Contra
Coronam
&
Dignitatem
,
&c.
The
third
reason
is
this
;
A
body
politick
can
neither
make
nor
take
Homage
,
33.
H.
8.
Bro.
tit
.
Fealty
:
Therefore
cannot
the
King
in
his
Politick
Capacity
take
Legiance
.
The
first
must
be
granted
only
sub
modo
:
for
though
it
cannot
take
Homage
immediately
,
yet
by
the
means
of
the
Natural
Capacity
,
it
may
take
such
service
.
And
therefore
that
Rule
holds
only
where
the
Body
Politick
is
not
aggregate
,
and
not
one
Person
in
several
Capacities
;
for
the
Tenant
that
performs
his
service
to
his
Lord
,
performs
the
same
to
his
Lord
in
his
Natural
Capacity
,
but
it
is
in
relation
to
his
Politick
Capacity
,
as
he
is
his
Lord
.
For
Lord
and
Tenant
,
King
and
Subject
,
are
but
Notions
,
and
neither
can
give
nor
take
service
;
but
that
Man
that
is
Lord
,
or
Tenant
,
or
King
,
or
Subject
,
may
;
even
as
the
power
of
protection
is
in
a
King
,
not
as
he
is
a
Man
,
but
as
a
King.
The
fourth
reason
is
this
:
The
King
's
Natural
Person
hath
right
in
the
Crown
by
Inheritance
,
therefore
also
in
the
Legiance
of
the
Subject
.
This
is
the
strength
(
as
nigh
as
I
can
collect
)
of
that
which
is
set
down
as
a
sixth
reason
;
but
I
make
it
the
fourth
:
because
the
third
,
as
I
conceive
,
is
but
an
illustration
of
the
second
;
and
the
fifth
is
upon
a
supposal
of
a
Fides
ficta
;
whereas
that
Faith
of
an
English
Subject
,
which
is
according
to
Law
,
is
the
truer
of
the
twain
.
But
to
the
substance
of
this
fourth
reason
:
If
the
first
be
granted
,
yet
the
Reporter
cannot
attain
his
conclusion
;
for
the
King
may
in
his
Natural
Capacity
have
right
to
the
Crown
by
Inheritance
,
and
yet
not
right
in
the
Legiance
of
his
Subjects
,
otherwise
than
in
the
right
of
the
Crown
.
As
in
the
case
of
Lord
and
Tenant
,
the
Lord
may
inherit
the
Lordship
in
his
Natural
Capacity
,
but
the
service
is
due
to
him
as
Lord
,
and
not
as
by
Inheritance
in
the
service
in
the
abstract
.
And
though
it
be
granted
,
that
the
Legiance
to
a
King
is
of
a
higher
strain
than
that
of
a
Tenant
to
his
Lord
,
fol.
4.
b.
5.
a.
yet
doth
the
Reporter
bring
nothing
to
light
,
to
prove
them
to
be
of
a
different
Nature
in
this
regard
.
The
fifth
and
last
reason
that
cometh
to
consideration
,
is
,
from
a
Testimony
of
the
Parliament
;
for
it
is
said
,
That
this
damnable
Tenet
of
Legiance
to
the
King
in
his
Politick
Capacity
,
is
condemned
by
two
Parliaments
:
But
in
truth
I
can
find
but
one
under
that
Title
,
that
mentioneth
this
Opinion
,
and
that
is
called
Exilium
Hugonis
,
which
is
sum
is
nothing
else
,
but
Articles
containing
an
enumeration
of
the
particular
offences
of
the
two
Spencers
against
the
State
,
and
the
Sentence
thereupon
.
The
offences
are
,
For
compassing
to
draw
the
King
by
Rigour
,
to
Govern
according
to
their
Wills
:
for
withdrawing
him
from
hearkning
to
the
advice
of
his
Lords
:
for
hindring
of
Justice
,
and
Oppression
;
and
(
as
a
means
hereunto
)
they
caused
a
Bill
or
Schedule
to
be
published
,
containing
,
That
Homage
and
Legiance
is
due
to
the
King
,
rather
in
relation
to
the
Crown
,
than
absolutely
to
his
Person
;
because
no
Legiance
is
due
to
him
,
before
the
Crown
be
vested
upon
him
:
That
if
the
King
do
not
Govern
according
to
Law
,
the
Lieges
in
such
case
are
bound
by
their
Oath
to
the
Crown
,
to
remove
him
either
by
Law
or
Rigour
.
This
is
the
substance
of
the
Charge
;
and
upon
this
exhibited
in
the
Lords
House
,
the
Lords
,
super
totam
materiam
,
banish
them
before
their
Case
is
heard
,
or
themselves
had
made
many
appearance
thereto
.
So
as
to
the
matter
of
this
Schedule
(
which
contains
an
Opinion
suitable
to
the
point
in
hand
,
with
some
additional
aggravations
)
the
Parliament
determineth
nothing
at
all
:
but
as
to
the
publishing
of
the
same
,
to
the
intent
to
gather
a
party
,
whereby
they
did
get
power
to
act
other
enormities
mentioned
in
the
Charge
.
And
in
relation
to
those
enormities
,
the
Lords
proceeded
to
sentence
of
Banishment
;
all
which
was
done
in
the
presence
of
the
King
,
and
by
his
disconsent
,
as
may
appear
by
his
discontent
thereat
,
as
all
Historians
of
those
Affairs
witness
.
And
it
is
not
probable
that
the
King
would
have
been
discontented
with
the
proceedings
of
the
Lords
in
asserting
the
Prerogative
of
a
King
,
in
that
manner
of
the
Schedule
,
if
he
had
perceived
any
such
thing
in
their
purposes
.
Add
hereunto
,
that
the
Lords
themselves
justified
the
matter
of
the
Schedule
in
their
own
proceedings
,
all
which
tended
to
enforce
the
King
to
govern
according
to
their
Counsels
,
and
otherwise
than
suited
with
his
good
pleasure
.
By
force
they
removed
Gaveston
from
the
King's
presence
formerly
,
and
afterward
the
Spencers
,
in
the
same
manner
:
So
they
removed
the
King
from
his
Throne
,
and
not
long
after
out
of
the
World.
Last
of
all
,
I
shall
make
use
of
one
or
two
Concessions
,
which
hath
passed
the
Reporter's
own
Pen
(
in
this
discourse
of
his
)
for
the
maintaining
,
that
the
Legiance
of
an
Englishman
,
is
Neither
Natural
,
nor
Absolute
,
nor
Indefinite
,
nor
due
to
the
Natural
Capacity
,
but
qualified
according
unto
Rules
.
The
first
is
this
:
Englishmen
do
owe
to
their
Kings
,
Legiance
according
to
their
Laws
;
therefore
it
is
not
Natural
,
or
Absolute
,
or
Indefinite
.
The
inference
is
necessary
:
for
the
latter
is
boundless
,
and
Natural
;
the
former
is
limited
,
and
by
civil
Constitution
.
If
any
breach
therefore
of
English
Legiance
be
bounded
by
Law
,
then
the
Legiance
of
an
English
man
is
circumscribed
,
and
not
Absolute
,
or
Natural
.
The
major
proposition
is
granted
by
the
Reporter
,
who
saith
,
that
the
Municipal
Laws
of
the
Kingdom
,
have
prescribed
the
order
and
form
of
Legal
Legiance
,
fol.
5.
b.
And
therefore
if
by
the
Common
Law
,
the
Service
of
the
King's
Tenant
,
as
of
his
Mannor
,
be
limited
,
how
can
that
consist
with
the
absolute
Legiance
formerly
spoken
of
,
which
bindeth
the
Tenant
,
being
the
King
's
Subject
,
to
an
Absolute
and
Indefinite
Service
?
Or
if
the
Statute-Laws
have
setled
a
Rule
,
according
to
which
each
Subject
ought
to
go
to
War
in
the
King's
service
beyond
the
Sea
,
as
the
Reporter
granteth
,
fol.
7.
&
8.
then
cannot
the
Legiance
be
absolute
to
bind
the
Subject
to
go
to
War
according
to
the
Kings
own
pleasure
.
Secondly
,
An
English
King's
protection
of
his
Subjects
,
is
not
Natural
,
Absolute
,
Indefinite
,
nor
Originally
extendeth
unto
them
in
their
Natural
Capacity
:
therefore
is
not
the
Legiance
of
an
English
Subject
to
his
King
,
Natural
,
Absolute
,
Indefinite
,
nor
Originally
extendeth
to
the
King
,
in
his
Natural
Capacity
,
The
dependence
of
these
two
resteth
upon
the
Reporters
own
words
,
who
tells
us
,
that
Protectio
trahit
Subjectionem
,
&
Subjectio
Protectionem
;
Protection
draws
with
it
Subjection
,
and
Subjection
draws
with
it
Protection
,
so
as
they
are
Relata
,
and
do
prove
mutually
one
anothers
Nature
,
fol.
5.
a.
And
in
the
same
Page
(
a
few
lines
preceding
)
he
shews
why
this
Bond
between
King
and
Subject
is
called
Legiance
,
because
there
is
a
reciprocal
,
and
double
Bond
:
for
as
the
Subject
is
bound
in
Obedience
to
the
King
,
so
is
the
King
bound
to
the
Subject
in
protection
:
But
the
King
is
not
Naturally
bound
to
protect
the
people
,
because
this
Bond
begins
not
at
his
Birth
,
but
when
the
Crown
settles
upon
him
.
Thirdly
,
This
Protection
is
not
absolute
,
because
the
King
must
maintain
the
Laws
,
fol.
5.
a.
and
the
Laws
do
not
protect
absolutely
,
any
man
that
is
a
breaker
of
the
Laws
.
Fourthly
,
This
protection
is
not
Indefinite
,
because
it
can
extend
no
further
than
his
power
,
and
his
power
no
further
than
his
Dominions
,
fol.
9.
b.
The
like
also
may
be
instanced
in
continuance
of
time
.
Lastly
,
The
King's
protection
extendeth
not
originally
to
the
Natural
Capacity
,
but
to
the
politick
Capacity
;
therefore
till
a
Foraigner
cometh
within
the
King's
Legiance
,
he
cometh
not
within
his
protection
:
And
the
usual
words
of
a
Writ
of
Protection
shews
,
that
the
party
protected
,
must
be
in
Obsequio
nostro
,
fol.
8.
a.
The
sum
then
is
,
that
as
protection
of
an
English
King
,
so
neither
is
Legiance
,
or
Subjection
of
an
Englishman
,
Natural
,
Absolute
,
Indefinite
,
or
terminated
in
the
Natural
Capacity
of
the
King.
And
to
make
a
full
period●
to
the
point
,
and
make
the
same
more
clear
,
I
shall
instance
in
one
Precedent
that
these
times
of
Edward
the
Third
produced
.
The
former
English
Kings
had
Title
to
many
Territories
in
France
,
but
Edward
the
Third
,
had
Title
to
all
the
Kingdom
.
And
being
possibly
not
so
sensible
of
what
he
had
in
possession
,
as
of
what
he
had
not
;
He
enters
France
in
such
a
way
,
and
with
that
success
,
that
in
a
little
time
he
●●ns
the
highest
seat
therein
,
and
so
brought
much
honour
to
the
English
Nation
;
and
more
than
stood
with
the
safety
of
the
Kingdom
.
For
in
the
union
of
two
Kingdoms
,
it
is
dangerous
for
the
smaller
,
lest
it
be
swallowed
by
the
greater
.
This
was
foreseen
by
the
English
,
who
knew
England
did
bear
but
a
small
proportion
to
France
,
and
complained
of
that
inconvenience
;
and
thereupon
a
Law
was
made
,
that
the
people
of
England
should
not
be
subject
to
the
King
,
de
facto
,
for
that
Time
and
Place
,
rule
an
English
King.
Which
if
so
,
I
suppose
this
notion
of
Natural
,
Absolute
,
and
Indefinite
Legiance
to
the
King
in
his
Natural
Capacity
is
out
of
this
Kingdom
,
if
not
out
of
the
World
:
and
then
the
foot
of
the
whole
Account
will
be
,
that
the
Legiance
of
an
Englishman
,
is
Originally
according
to
the
Laws
;
the
sum
of
all
,
being
comprehended
in
the
joynt
safety
of
the
people
of
England
.
CHAP.
IX
.
Of
Courts
for
Causes
criminal
,
with
their
Laws
.
THe
great
growth
of
Courts
founded
upon
Prerogative
,
derogated
much
in
these
times
from
the
Ancient
Courts
,
that
formerly
had
attained
the
Soveraignty
over
the
people
,
and
in
the
hearts
of
them
all
,
This
was
a
hard
lesson
for
them
to
learn
,
but
especially
of
the
King's-Bench
,
that
was
wont
to
learn
of
none
;
and
yet
must
be
content
to
part
with
many
of
their
Plumes
to
deck
the
Chancellor
,
much
of
their
work
to
busie
the
Prerogative
Courts
holden
Coram
Rege
,
and
more
to
those
holden
Coram
Populo
,
I
mean
,
The
Courts
of
Oyer
and
Terminer
,
Goal-delivery
,
and
Justices
of
Peace
.
Those
of
Oyer
and
Terminer
,
were
now
grown
very
common
,
but
less
esteemed
,
as
being
by
men
of
mean
regard
nominated
for
the
most
part
by
the
party
that
sued
out
the
Commission
,
which
for
the
most
part
was
done
in
behalf
of
those
that
were
in
danger
,
and
meaned
not
to
be
justified
by
Works
,
but
by
Grace
.
These
escapes
,
though
small
in
the
particulars
,
yet
in
the
full
sum
made
the
matter
so
foul
,
as
it
became
a
common
grievance
;
Sheriffs
,
Coroners
,
&
Leets
,
were
now
grown
sowr
with
Age
,
having
attained
courses
by
common
practice
,
differing
from
Oppression
onely
in
Name
;
and
yet
were
the
times
so
unhappy
,
as
by
these
courses
they
had
obtained
favour
and
respect
amongst
the
great
men
,
and
so
gained
more
power
from
above
,
to
abuse
them
below
.
These
men
loved
to
be
Commissioners
of
Oyer
and
Terminer
,
and
having
learned
how
to
make
capital
offences
pecuniary
,
found-such
sweetness
,
as
they
used
not
to
be
weary
of
their
places
,
though
the
Country
grew
weary
of
them
;
and
therefore
disliking
uncertaintes
,
in
such
matters
of
benefit
,
they
cannot
rest
till
they
obtain
more
certain
settlement
in
their
places
;
some
for
Years
,
others
for
Life
,
and
some
for
ever
.
The
Disease
thus
contracted
by
degrees
,
the
Cure
must
be
accordingly
:
First
,
the
Sheriffwicks
,
much
dismembred
to
please
the
Court-favourites
,
and
fill
the
Kings
privy
Purse
,
and
all
raised
to
the
utmost
peny
of
the
full
,
and
beyond
the
just
value
:
A
Law
is
made
to
restore
the
several
Hundreds
,
The
election
of
the
Sheriff
is
likewise
not
to
be
forgotten
;
for
though
the
Counties
had
the
election
of
Coroners
,
in
regard
they
looked
that
no
man
should
come
nigh
their
bloud
but
whom
they
trusted
;
Chancellour
,
Treasurer
,
Chief
●aron
,
and
the
two
Chief
Justices
,
should
nominate
the
man
that
should
be
their
Servant
;
and
in
the
Parliament
nevertheless
they
interposed
in
that
Election
as
often
as
they
saw
cause
.
Secondly
,
As
touching
Causes
criminal
,
which
more
ordinarily
come
within
the
cognizance
of
these
Courts
.
They
generally
held
the
same
regard
in
the
eye
of
the
Law
in
these
times
,
that
they
had
done
formerly
;
nevertheless
,
in
two
crimes
these
times
wrought
diversly
,
urging
the
edge
of
the
Law
against
the
one
,
and
abating
it
as
to
the
other
.
The
latter
of
these
is
commonly
called
Petit
Treason
,
which
is
a
murther
destructive
to
the
Commonwealth
,
in
an
inferiour
degree
,
and
at
a
further
distance
,
because
it
is
destructive
to
that
Legiance
by
which
Families
do
consist
,
and
of
whom
Kingdomes
are
derived
.
In
former
times
it
extended
unto
the
Legiance
between
Lord
and
Tenant
,
This
reducing
of
Treason
into
a
narrower
ground
,
made
the
Regiment
of
Felonies
to
swell
.
A
hard
thing
it
was
in
a
Warring
time
,
for
men
to
conceit
themselves
well
drest
,
until
they
were
compleatly
armed
.
Some
used
it
for
a
Complement
,
and
amongst
others
,
honest
men
had
as
good
cause
to
use
it
,
as
some
that
were
ill-affected
had
a
bad
;
and
of
the
last
sort
,
some
did
aim
at
private
revenge
,
though
many
aimed
against
the
publick
quiet
.
But
however
the
intentions
of
men
thus
harnassed
might
be
different
,
the
looks
of
them
all
are
so
sour
,
that
it
is
hard
to
know
a
man
for
Peace
,
from
a
man
for
War
.
And
therefore
the
people
were
now
so
greedy
after
Peace
,
as
they
are
ready
to
magnifie
or
multiply
all
postures
of
arm'd
men
into
the
worst
fashion
,
being
well
assur'd
that
the
readiest
way
to
keep
themselves
from
the
hurt
of
such
men
,
is
to
have
none
of
them
at
all
.
But
Edward
the
Third
had
more
need
of
them
than
so
,
and
will
therefore
allow
men
to
ride
armed
,
All
this
was
in
favour
to
the
people
,
and
yet
it
was
not
all
;
for
when
Mercy
groweth
profuse
,
it
becomes
Cruelty
.
Murther
is
very
incident
to
times
of
War
,
yet
is
an
Enemy
to
the
Peace
,
of
so
high
a
nature
,
that
though
the
King's
Pardon
may
do
much
,
yet
both
King
and
People
declare
it
an
impardonable
crime
,
by
the
Common
Law
,
and
that
the
King's
Prerogative
shall
not
extend
so
far
as
to
pardon
the
same
.
This
Justice
done
to
the
party
dead
,
was
a
mercy
to
them
that
were
alive
;
a
means
to
save
bloud
by
bloudshed
;
and
not
so
much
by
the
King's
Grant
,
as
by
his
Release
.
One
thing
more
in
these
cases
of
bloud
the
people
obtained
of
the
King
,
which
they
had
not
so
much
by
Release
as
by
Grant
,
and
that
was
the
taking
away
of
Englishire
,
an
ancient
Badge
of
the
Imperial
power
of
the
Danes
over
the
Saxons
;
and
which
had
either
continued
through
the
desidiousness
of
the
Saxons
in
the
times
of
Edward
the
Confessor
,
unto
the
Normans
time
,
or
by
them
taken
up
again
,
and
continued
until
these
times
,
that
Edward
the
Third
was
so
far
desirous
to
declare
his
readiness
to
maintain
the
Liberties
of
the
people
,
as
to
be
willing
to
restore
them
where
they
failed
,
and
in
particular
took
away
the
manner
of
presentment
of
Englishire
,
blotting
out
the
Title
and
Clause
concerning
it
,
Next
unto
bloud
,
these
times
grew
more
sensible
of
Ravishments
than
former
times
had
done
.
For
though
they
had
determined
a
severe
penalty
against
so
foul
a
crime
,
and
made
it
in
the
nature
of
a
Felony
capital
,
which
was
enough
to
have
scared
any
man
from
such
attempts
;
yet
for
the
proof
of
the
matter
in
Fact
,
much
rested
upon
the
will
of
the
Woman
,
which
for
the
most
part
grounded
upon
self-respects
,
and
private
prudence
,
laboured
to
conceal
that
which
could
not
be
made
whole
by
revealing
;
and
by
after-consent
,
skin'd
over
the
sore
as
to
themselves
,
which
corrupted
inwardly
,
and
endangered
the
whole
Body
.
To
cure
which
,
CHAP.
X.
Of
the
Course
of
Civil
Justice
during
these
times
.
HOwever
the
course
of
the
Law
concerning
matters
of
the
Crown
,
passed
in
a
troubled
Wave
;
yet
in
matters
of
Common
Pleas
,
it
passed
in
a
Calm
and
full
Channel
,
as
the
Reports
in
Print
do
sufficiently
witness
;
nor
was
there
any
change
of
Principles
,
but
onely
some
alteration
tending
to
a
clearer
manifestation
of
the
same
.
I
will
not
touch
upon
every
particular
,
but
onely
upon
two
,
which
reflect
somewhat
upon
the
publick
Policy
;
the
one
touching
the
course
of
Inheritance
in
some
particular
cases
,
the
other
touching
pleading
in
the
Courts
of
Civil
Justice
.
The
first
of
these
was
occasioned
from
Conjuncture
of
Affairs
,
the
case
being
such
,
that
Edward
the
Third
had
now
gotten
himself
a
new
Kingdom
unto
that
of
England
,
and
must
look
to
maintain
that
by
power
,
which
he
obtained
by
force
;
and
conducing
thereunto
,
must
have
continual
employment
of
the
English
in
that
Service
,
as
being
most
trusty
to
his
Cause
.
And
that
it
is
unreasonable
,
that
such
English
as
had
devoted
themselves
to
his
Service
in
this
Cause
,
and
in
order
thereunto
,
had
transported
themselves
and
their
Families
into
those
foreign
parts
,
should
thereby
lose
the
benefit
of
Lieges
in
the
Birth-right
of
their
Children
born
in
those
foreign
parts
.
That
all
Children
born
without
the
Kings
Legiance
,
whose
Father
and
Mother
,
at
the
time
of
their
birth
,
shall
be
under
the
Faith
and
Legiance
of
the
King
of
England
,
shall
have
the
benefit
of
Inheritance
within
the
same
Legiance
,
as
other
Inheritors
have
.
These
are
the
words
of
the
Statute
,
and
do
occasion
a
double
observation
;
one
from
the
matter
,
the
other
from
the
manner
of
the
Expression
.
The
Subject
matter
is
so
delivered
,
not
as
an
Introduction
of
a
new
Law
,
but
as
a
Declarative
of
the
old
,
that
lay
more
obscurely
hidden
,
for
want
of
occasion
to
reveal
it
;
and
the
substance
thereof
resteth
onely
in
this
:
To
enable
the
Children
of
English
Natives
,
born
beyond
the
Seas
;
not
the
Children
of
those
that
are
of
foreign
birth
,
though
within
the
Kings
Territories
in
those
parts
,
as
the
Opinion
hath
been
.
Nor
doth
any
ancient
Precedent
or
Case
warrant
the
same
;
as
might
be
at
large
manifested
,
if
it
might
conduce
to
the
end
of
this
Discourse
.
And
for
the
same
cause
,
after
this
Statute
,
whenas
the
Commons
would
have
had
a
general
Naturalizing
of
all
Infants
born
beyond
the
Sea
,
within
the
Kings
Segniories
;
the
same
would
not
be
granted
,
That
which
in
the
next
place
concerneth
the
manner
of
Expression
,
is
this
:
That
a
Child
is
said
to
be
born
out
of
the
Kings
Legiance
,
and
yet
the
Father
and
Mother
at
the
same
time
to
be
of
the
Faith
and
Legiance
of
the
King
of
England
.
It
seemeth
to
me
,
that
it
intendeth
onely
those
Children
of
English
Parents
,
born
within
the
Kings
Territories
beyond
the
Seas
,
because
the
words
ensuing
,
concerning
Certification
of
Bastardy
of
such
Children
,
are
,
That
the
same
shall
be
made
by
the
Bishop
of
such
place
,
upon
the
Kings
Writ
directed
to
him
;
which
could
never
have
passed
into
those
places
that
are
not
of
the
Kings
Territories
:
And
so
the
Issue
will
be
,
That
the
Legiance
of
those
born
in
those
parts
,
though
they
are
Leiges
to
the
King
,
yet
they
are
not
of
the
Legiance
of
the
King
of
England
,
but
as
Lord
of
that
Territory
.
The
other
matter
to
be
observed
concerning
pleading
in
the
Courts
of
Civil
Justice
,
is
this
:
That
whereas
anciently
,
from
the
Normans
time
,
till
these
times
,
CHAP.
XI
.
Of
the
Militia
in
these
times
.
WAR
is
ever
terrible
,
but
if
just
and
well
governed
,
Majestical
:
the
one
may
excite
resistance
and
defence
,
but
the
other
conquers
before
blow
given
;
because
it
convinceth
the
Judgment
,
and
so
prevails
upon
the
Conscience
.
For
that
heart
can
never
be
resolute
in
its
own
defence
,
that
is
at
War
with
its
own
understanding
;
nor
can
such
a
heart
consider
such
a
War
otherwise
than
as
Divine
,
and
bearing
the
face
of
an
Ordinance
of
God
;
and
then
how
can
the
Issue
be
unsuccessful
?
It
is
no
strange
thing
for
Kings
to
miscarry
in
their
Wars
,
because
it
is
rarely
seen
that
they
are
under
good
Counsel
;
but
if
a
Christian
Counsel
miscarry
,
we
may
conclude
it
extraordinary
in
the
efficient
cause
,
and
no
less
wonderful
in
the
issue
and
end
.
Upon
this
ground
it
concerneth
a
Christian
Nation
,
not
onely
in
point
of
honour
,
but
of
safety
and
continuance
,
to
settle
fundamental
Laws
of
War
,
against
time
of
War
;
as
of
Peace
in
time
of
Peace
.
Neither
was
England
deficient
herein
,
saving
that
antient
times
were
more
obscure
in
the
particulars
,
and
these
days
revealed
them
at
such
a
time
,
wherein
we
may
say
,
that
Edward
the
Third
approved
himself
not
onely
King
of
England
,
but
of
himself
,
above
the
ordinary
strain
of
expectation
.
For
being
now
become
a
famous
Commander
and
Conquerour
,
having
also
an
Army
inured
to
fight
and
overcome
,
and
so
might
have
given
a
Law
;
he
nevertheless
received
the
same
,
submitting
both
it
and
himself
to
the
Directory
of
the
Parliament
in
making
a
War
with
France
,
which
was
three
to
one
against
him
in
very
respect
,
but
in
the
Title
,
besides
the
disadvantage
from
Scotland
,
that
lay
continually
beating
upon
his
Rear
.
The
like
may
be
observed
of
his
War
with
Scotland
;
in
both
which
he
evidently
telleth
the
World
,
that
he
held
it
unreasonable
to
enter
upon
the
managing
of
an
offensive
Foreign
War
,
without
the
concurrence
of
the
common
consent
of
the
People
;
and
that
not
onely
for
the
thing
it self
,
but
also
for
his
own
Personal
Engagement
in
the
Service
.
For
a
King
,
though
he
be
the
Generalissimo
,
yet
is
he
so
from
the
People
;
and
his
Person
being
of
that
high
value
,
is
not
to
be
exposed
to
every
occasion
that
may
provoke
War
,
without
due
advice
first
had
with
the
publick
Council
;
because
in
his
Person
the
People
adventureth
as
well
as
himself
.
And
in
this
manner
were
the
Wars
in
France
by
Edward
the
Third
,
and
in
Scotland
,
concluded
upon
debate
.
In
the
next
place
,
as
touching
the
Arrays
of
Men
for
War
,
I
find
no
foot-steps
of
any
power
which
was
claimed
as
peculiar
to
the
King
therein
,
and
acknowledged
by
the
Parliament
;
but
many
instances
do
I
meet
with
in
the
opposite
;
all
which
do
plainly
tell
us
,
But
if
it
was
onely
upon
the
King
's
particular
instigation
,
and
not
by
order
or
consent
of
the
Parliament
,
That
no
Man
shall
be
constrained
to
find
Men
of
Arms
,
Hoblers
,
nor
Archers
,
other
than
those
which
hold
by
such
services
,
if
it
be
not
by
common
consent
and
grant
made
in
Parliament
.
Men
of
Arms
,
meaning
those
which
we
now
call
Curiassieres
,
or
compleat
armed
;
by
Hoblers
,
meaning
those
now
called
light
Horse-men
.
The
Archers
served
on
Foot
,
and
were
principally
armed
with
Bows
,
although
they
had
also
Swords
,
or
other
such
offensive
portable
Weapons
.
The
first
of
these
concerneth
onely
the
arming
of
a
man
's
own
person
,
the
other
the
finding
of
Souldiers
,
and
arming
of
them
,
and
both
together
sufficient
for
the
safeguard
of
the
Rights
and
Liberties
of
the
People
,
invaded
in
those
times
by
Commissions
of
Array
,
and
such
other
expressions
of
Prerogative
Royal
:
for
as
touching
the
arming
of
a
man
's
own
person
,
the
Statute
of
1
Edward
3.
formerly
mentioned
;
is
clear
in
the
point
.
And
though
the
Statute
of
25
Edward
3.
doth
not
in
the
latter
direct
,
as
touching
the
finding
Arms
for
others
,
as
is
urged
in
his
Majesty's
Answer
to
the
Declaration
of
the
Parliament
concerning
the
Commission
of
Array
,
July
compleat
Souldier
is
within
the
Letter
of
the
Statute
;
and
seeing
the
person
of
the
Souldier
is
not
in
the
power
of
any
private
person
in
such
cases
to
command
him
to
the
service
,
it
seemeth
clear
to
me
,
that
the
Statute
must
intend
the
arming
of
him
with
compleat
Arms
,
and
not
the
armed
person
of
the
man
.
The
Souldiery
thus
arrayed
,
Scotland
,
France
,
and
Gascoign
,
the
King
had
supply
from
Aids
,
Reliefs
,
Wardship●
,
Marriages
,
Customs
,
Foreign
Wars
(
for
of
such
Cases
onely
these
Laws
are
to
be
understood
)
That
no
man
should
be
distrained
,
or
urged
against
his
will
,
to
go
out
of
his
County
.
But
in
case
of
defensive
War
,
the
course
was
otherwise
:
for
all
men
in
such
cases
are
bound
by
the
Law
of
Nature
to
defend
their
own
Country
from
Invasion
,
in
order
to
the
safety
of
their
own
Estates
and
Habitations
.
They
were
arrayed
,
or
gathered
together
by
Commission
of
Array
from
the
King
,
armed
according
to
the
Laws
formerly
mentioned
,
and
not
by
Arbitrary
order
of
the
Commissioners
.
And
by
virtue
of
such
Commissions
,
they
were
drawn
forth
and
led
to
places
where
need
required
.
Sometimes
to
one
Coast
,
sometimes
to
another
,
yet
not
altogether
at
the
Kings
pleasure
:
for
the
Parliament
upon
occasion
set
rules
of
Restriction
,
Some
of
the
common
Books
have
the
words
thus
:
None
shall
be
distrained
to
go
out
of
their
Counties
,
unless
for
cause
of
necessity
,
and
of
sudden
coming
of
Strangers
or
Enemies
into
the
Kingdom
.
Others
read
it
thus
:
But
where
necessity
requireth
,
and
the
coming
of
strange
Enemies
into
the
Kingdom
.
Commission
of
Array
,
would
read
it
thus
:
Vnless
in
case
of
Necessity
,
or
of
sudden
coming
of
strange
Enemies
,
&c.
But
the
words
in
the
Roll
are
these
:
Et
que
nulls
ne
soient
distresses
d'aller
hors
de
les
Countees
,
si
non
pur
Cause
de
necessity
,
de
suddaine
venue
des
Stranges
Enemies
en
Reyaulme
.
In
English
thus
,
word
for
word
:
And
that
none
be
distrained
to
go
out
of
the
Counties
,
if
not
for
cause
of
Necessity
,
of
sudden
coming
of
strange
Enemies
into
or
in
the
Kingdom
:
which
words
determine
the
point
.
That
none
shall
be
by
Commission
of
Array
drawn
out
of
their
County
,
but
in
case
of
necessity
.
And
secondly
,
that
this
case
of
necessity
,
is
onely
the
coming
of
strange
Enemies
into
or
in
the
Kingdom
;
so
as
probably
the
Invasion
must
be
actual
,
before
they
be
drawn
out
of
their
Counties
,
and
not
onely
feared
;
and
it
must
be
a
sudden
Invasion
,
and
not
of
publick
note
,
and
common
fame
foregoing
;
for
then
the
ordinary
course
,
either
of
Parliament
or
otherwise
must
,
be
used
to
call
those
that
are
bound
by
Statute
or
Tenures
,
or
Voluntiers
,
to
that
service
,
seeing
every
Invasion
is
not
so
fatal
as
to
require
a
Commission
for
a
General
Array
.
Against
what
hath
been
thus
noted
,
the
judgement
of
Sir
Edward
Coke
in
Calvin's
Case
lies
yet
in
the
way
,
who
affirmeth
,
that
the
Subjects
of
are
bound
by
their
Legiance
to
go
with
the
King
in
his
Wars
,
as
well
within
the
Realm
,
as
without
;
and
this
Legiance
he
telleth
us
,
is
that
natural
Legiance
which
,
he
saith
,
is
absolute
and
indefinite
,
&c.
and
not
local
;
which
if
not
so
,
then
were
not
the
English
bound
to
go
out
of
England
;
an
inference
that
is
neither
necessary
,
nor
is
the
thing
affirmed
certain
.
It
is
not
necessary
,
because
English
men
may
be
bound
to
go
out
of
England
;
by
vertue
of
their
Tenures
,
particular
Contract
,
or
else
by
special
Act
of
Parliament
,
and
not
by
vertue
of
that
natural
Legiance
which
in
truth
is
nowhere
.
Now
for
the
maintenance
of
the
point
,
the
Reporter
alledgeth
two
Statutes
affirming
the
thing
,
and
common
practice
;
and
lastly
,
Authorities
of
the
Judges
of
the
Common
Law.
The
first
of
the
two
Cases
,
is
the
opinion
of
Justice
Thirning
in
the
time
of
Henry
the
Fourth
,
A
Protection
lies
for
the
Defendant
in
a
Writ
upon
the
Statute
of
Labourers
,
and
yet
the
Defendant
shall
not
have
such
matter
by
way
of
Plea
,
viz.
That
the
King
hath
retained
him
to
go
beyond
the
Sea
:
for
the
King
cannot
compel
a
man
to
go
out
of
the
Kingdom
;
that
is
(
as
the
Reporter
saith
)
Not
without
Wages
;
intimating
thereby
,
that
if
the
King
shall
tender
Wages
to
any
Man
,
he
must
go
whither
the
King
shall
please
to
send
him
;
which
is
not
onely
destructive
to
the
opinion
of
Thirning
concerning
the
Plea
,
but
also
(
though
granted
)
is
destructive
to
the
Reporter's
Judgement
in
the
main
point
.
For
if
an
English
man
may
refuse
to
go
without
Wages
,
then
is
he
not
bound
to
go
by
any
natural
absolute
Legiance
,
as
the
Reporter
would
have
it
.
And
as
touching
the
second
Case
,
which
is
Bigot's
and
Bohun's
Case
,
it
cleareth
the
same
thing
;
for
it
was
resolved
,
that
they
ought
to
go
but
in
manner
and
form
according
to
the
Statutes
;
then
is
not
the
ground
in
the
absolute
Legiance
,
for
that
is
not
qualified
but
in
the
positive
Statute-law
,
which
tieth
onely
in
manner
and
form
,
and
that
by
voluntary
consent
in
Parliament
.
The
rest
of
the
Cases
do
neither
conclude
the
main
point
,
nor
the
particular
thing
that
the
Reporter
intendeth
:
For
he
would
imply
to
the
Reader
,
that
English
men
were
anciently
used
to
be
imprested
for
the
Wars
in
France
:
and
hereunto
he
voucheth
one
Authority
out
of
ancient
Reports
of
Law
in
Edward
the
Third's
time
,
That
the
Defendant
had
been
beyond
Sea
with
the
Duke
,
and
was
returned
.
To
this
the
Defendant's
Counset
answered
,
That
the
Duke
was
ready
to
return
again
;
and
for
this
cause
the
Protection
was
not
allowed
.
Yet
a
Quere
is
made
upon
this
ground
,
that
it
might
be
that
the
Defendant
would
not
go
over
with
him
,
nor
was
it
proved
that
he
would
;
which
sheweth
plainly
,
the
party
was
not
imprested
;
for
then
the
thing
had
not
been
in
his
power
to
will
or
nill
.
The
last
instance
that
the
Reporter
produceth
,
is
that
of
Forinsecum
Servitium
,
or
Foreign
Service
,
and
that
seemeth
to
be
Knight-service
to
be
performed
abroad
.
But
this
falleth
short
of
the
Reporter's
intention
in
three
respects
.
First
,
Though
it
belongeth
to
the
King
,
yet
not
to
him
onely
,
but
to
other
chief
Lords
;
Secondly
,
It
is
not
due
from
every
English
man
.
And
lastly
,
It
is
a
Service
due
by
vertue
of
Tenure
,
and
then
the
Conclusion
will
be
,
That
which
is
due
by
Tenure
of
Lands
,
is
not
due
by
natural
and
absolute
Legiance
:
and
so
this
Foreign
Service
arising
meerly
by
compact
and
agreement
between
Lord
and
Tenant
,
and
not
by
the
natural
duty
of
an
English-born
Subject
,
(
which
is
the
thing
that
the
Reporter
drives
at
in
all
his
discourse
)
will
be
so
far
from
maintaining
the
Reporters
opinion
,
as
it
will
evidently
destroy
the
same
.
And
thus
the
posture
of
this
Nation
in
the
Field
remaineth
regular
in
the
rule
,
whatever
hath
been
said
against
it
;
notwithstanding
that
in
the
very
instant
of
Action
there
may
be
some
irregularity
,
which
no
doubt
both
was
,
and
ever
will
be
,
in
stormy
times
.
Nor
did
it
conquer
the
Law
:
For
though
War
may
seem
to
be
but
a
sickness
of
the
State
,
yet
being
in
Truth
,
as
the
Vltimum
refugium
,
and
onely
reserve
unto
Law
,
beaten
to
a
retreat
by
opression
;
it
is
no
wonder
if
this
motion
,
or
rather
commotion
,
that
brings
on
the
Law
of
Peace
in
the
Rear
,
be
still
and
ever
subject
to
rule
of
Law
,
how
unruly
soever
it self
seemeth
to
be
.
Now
because
Law
imports
execution
,
and
that
presupposes
a
Trial
,
and
it
a
Court
;
therefore
did
our
Ancestors
(
amongst
other
Courts
not
regulated
by
the
Common
Law
)
form
a
Court
for
the
service
of
War
,
called
the
Court-Marshal
,
or
the
Constables
Court
,
according
as
the
Office
of
one
or
the
other
had
the
preheminence
.
The
proceedings
herein
were
ordered
,
as
I
said
,
not
accordiag
to
the
Common
Law
,
for
that
is
like
the
Land
,
much
distant
from
all
other
Nations
;
and
the
Negotiation
of
this
Island
with
other
Nations
(
as
in
time
of
Peace
,
so
of
War
)
requires
a
rule
common
to
all
those
Nations
,
or
otherwise
no
Negotiation
can
be
maintained
.
And
for
this
cause
the
proceedings
in
this
Court
were
ever
according
to
the
rule
of
the
Civil
Law.
The
work
of
this
Court
is
principally
Judicial
,
and
in
some
cases
Ministerial
.
The
first
reflects
upon
cause
Foreign
and
Domestick
,
and
both
of
those
are
either
Criminal
,
and
such
as
concern
the
common
Peace
of
the
place
of
War
,
or
more
civil
,
relating
onely
unto
private
interest
.
As
touching
the
first
of
these
,
I
suppose
it
is
no
Bull
,
to
speak
of
a
common
Peace
,
in
the
place
of
War
.
For
a
common
Peace
must
be
in
each
party
within
it self
,
or
otherwise
no
party
at
private
variance
can
subsist
within
it self
,
much
less
make
War
with
the
other
;
and
therefore
in
order
unto
War
,
there
must
be
a
Law
of
Peace
,
for
the
Trial
of
Offenders
,
and
punishing
them
for
offences
committed
against
the
good
Government
of
the
War
:
Such
as
are
breaking
of
Ranks
,
deserting
the
Standard
,
running
away
from
the
Colours
,
Mutinies
,
Murthers
,
Rapes
,
Plundering-private
Quarrels
,
disobedience
to
command
,
and
such-like
;
all
which
do
bear
the
shew
of
crimes
against
the
common
Peace
of
the
Army
and
the
Country
.
Of
the
second
sort
,
are
matters
concerning
Quarter
,
and
Contracts
in
order
to
the
government
of
the
War
,
saving
such
as
are
made
before
either
part
be
inrolled
for
the
War
.
For
if
a
man
doth
covenant
to
serve
in
the
War
,
Martial
law
upon
the
first
forming
thereof
.
Now
though
the
particular
Laws
of
the
Army
,
for
the
government
thereof
,
be
ordinarily
according
to
the
prudence
of
the
General
,
yet
certain
Fundamentals
have
been
ab
Antiquo
,
made
by
Custom
,
and
the
Parliament
,
against
which
the
course
of
Judicature
must
not
go
.
And
as
the
Parliament
saw
need
,
Souldiers
Wages
for
remedy
of
wastings
and
plunderings
in
their
own
Country
,
and
other
such
emergencies
.
But
the
execution
of
all
these
Laws
Originally
was
in
the
Marshal
of
the
Army
.
And
because
that
the
Army
was
generally
dissolved
,
or
such
persons
engaged
in
such
matters
of
controversie
departed
from
the
Army
before
the
same
were
concluded
,
therefore
the
Marshals
Court
continued
,
in
order
to
the
determining
of
these
matters
.
And
in
continuance
of
time
,
other
matters
also
crowded
into
that
Society
,
although
sometimes
under
the
Directory
of
the
Constable
of
England
,
as
well
as
at
other
times
under
the
Marshal
;
more
particularly
,
that
power
of
determining
matters
concerning
Torniament
;
a
sport
that
like
a
Sarcasm
tickles
the
fancy
,
but
wounds
the
heart
;
and
being
of
as
little
use
in
a
Commonwealth
as
of
benefit
,
therefore
is
laid
aside
;
nor
need
I
to
speak
any
more
concerning
it
.
There
is
one
thing
more
somewhat
like
a
Torniament
,
but
that
it
is
in
good
earnest
,
and
that
is
called
Duel
.
This
cometh
likewise
within
the
Cognizance
of
this
Court
,
but
in
a
Ministerial
way
,
and
as
subservient
to
the
Common
Law
,
in
cases
of
Appeal
and
Right
.
Hereof
needs
likewise
little
more
than
the
naming
,
and
therefore
I
shall
leave
the
Reader
,
that
would
understand
the
particular
managing
thereof
,
unto
the
discourse
compiled
by
the
Duke
of
Gloucester
in
Richard
the
Second's
time
.
Lastly
,
As
touching
the
antiquity
of
this
Court
,
though
it
may
be
great
,
yet
the
power
thereof
was
doubtful
,
and
scarce
taken
notice
of
in
any
publick
Act
of
State
,
till
about
these
times
;
whenas
a
complaint
was
made
by
the
Commons
for
the
encroachment
of
that
Court
upon
the
Liberty
of
People
,
and
bounds
of
the
Courts
of
Common
Law.
Nor
is
it
strange
,
that
such
unquiet
times
brought
forth
such
Precedents
;
but
much
more
strange
,
that
the
Common
Law
held
up
its
head
against
such
violent
irruptions
of
War
.
CHAP.
XII
.
Of
the
Peace
.
YOu
have
seen
the
Kingdom
in
Armour
,
now
see
it
in
Robes
,
and
you
will
say
that
its
Majesty
therein
is
as
grave
,
as
it
was
in
the
other
brave
.
It
is
true
,
the
tempers
are
so
contrary
,
as
it
may
be
wondred
how
one
and
the
same
should
be
wise
and
willing
for
both
:
but
when
God
will
do
much
,
he
gives
much
,
and
can
make
a
People
as
one
man
,
like
unto
Caleb
,
fitted
both
for
War
and
Peace
.
Besides
,
the
Times
were
now
much
conducing
hereto
.
It
is
vain
to
endeavour
to
allay
Humours
in
the
Body
which
are
maintained
by
Agitation
;
they
must
be
purged
out
,
or
the
whole
will
still
be
endangered
:
and
therefore
,
although
Kings
hitherto
did
endeavour
to
establish
a
peaceable
Government
,
yet
being
led
by
ill
Principles
of
private
Interests
,
they
laboured
to
little
purpose
.
But
now
the
Scene
is
altered
,
and
one
wise
moderate
King
,
that
was
as
wise
as
valiant
,
did
more
than
they
all
.
And
first
set
a
rule
upon
his
own
desires
,
contenting
himself
with
the
condition
of
an
English
King
;
and
then
upon
his
people
,
making
them
contented
with
the
condition
of
English
men
.
The
order
herein
was
no
less
observable
;
for
the
former
wrangling
Times
having
trained
up
the
mindes
of
men
in
a
tumultuous
way
nor
could
they
skill
to
pace
in
the
steps
of
Peace
,
the
King
led
them
into
Foreign
parts
to
spend
their
heat
,
till
being
either
weak
or
weary
,
they
are
contented
to
return
home
,
and
study
the
happiness
of
a
quiet
Life
.
These
men
thus
ordered
,
the
rest
at
home
are
made
more
cool
,
like
a
Body
after
Physick
,
and
all
are
now
contented
to
submit
to
Law
and
Magistracy
.
〈◊〉
fitting
time
now
it
was
for
Justices
of
Peace
to
come
upon
the
Stage
in
their
best
garb
.
For
though
the
work
was
more
ancient
,
yet
like
some
loose
Notes
laid
aside
in
several
places
,
it
was
not
to
be
found
,
but
at
a
distance
,
and
after
long
delay
.
But
Edward
the
Third
sums
up
all
into
one
brief
,
and
brings
a
compleat
Model
thereof
into
the
World
for
future
Ages
to
accomplish
,
as
occasion
should
lead
the
way
.
The
course
was
now
established
to
have
Justices
setled
in
every
County
,
there
to
be
resident
and
attending
that
Service
.
First
,
they
were
named
Guardians
,
or
Wardens
of
the
Peace
;
Knights
,
Esquires
,
and
Gentlemen
of
the
County
.
Again
,
within
two
years
,
High
Constables
of
the
Hundred
,
whose
work
was
purely
Ministerial
.
Afterward
,
about
the
second
year
of
Edward
the
Third
,
the
Guardians
of
the
Peace
had
power
of
Oyer
and
Terminer
,
in
matters
of
riding
armed
,
upon
the
Statute
2
Edw.
3.
false
Jurors
,
Justices
of
Peace
are
looked
upon
as
meet
for
that
service
;
and
it
is
a
vain
thing
to
multiply
Commissions
,
Riots
,
Batteries
,
wandering
dangerous
persons
,
and
offences
in
Weights
and
Measures
,
The
issue
of
all
which
was
,
not
onely
ease
to
the
people
,
but
a
great
escape
from
the
rigour
of
the
Council-Table
in
the
Star-chamber
,
and
the
Kings
Bench
at
Westminster
,
on
the
one
side
;
and
also
from
the
gripe
of
the
Clergie
on
the
other
;
who
hitherto
held
the
Cognizance
of
the
Markets
in
Weights
and
Measures
to
themselves
.
This
model
so
pleased
all
men
,
that
Richard
the
Second
,
that
was
pleased
with
nothing
but
his
own
pleasure
,
gave
unto
the
Justices
of
Peace
yet
further
power
to
execute
the
Statute
at
Northampton
against
riotous
ridings
,
false
Weights
in
the
Staple
,
Justices
of
Peace
grown
to
that
heighth
in
these
and
other
things
,
Kings
Bench
,
but
the
Commissions
of
Gaol-delivery
and
of
Oyer
and
Terminer
;
so
far
forth
,
as
their
work
was
much
less
than
formerly
.
For
Neighbours
,
in
cases
of
crime
,
are
better
trusted
with
the
Lives
and
Estates
of
men
,
than
Strangers
;
so
as
in
all
this
,
the
people
are
still
the
gainers
.
The
manner
of
Judicature
by
these
Justices
of
the
Peace
still
remains
:
nothing
appears
by
any
Statute
in
these
times
,
Justice
of
the
Peace
might
do
alone
,
but
record
a
forcible
Detainer
;
although
questionless
,
in
point
of
present
security
of
the
Peace
and
good
Behaviour
,
by
the
intent
of
the
Statutes
he
might
do
many
things
;
but
in
Cases
of
Oyer
and
Terminer
all
must
be
done
in
publick
Sessions
,
which
the
Justices
of
the
Peace
had
power
to
hold
by
Commission
onely
,
until
the
Thirty
sixth
year
of
Edward
the
Third
;
One
thing
that
much
irritated
the
spirits
of
men
into
discontents
,
was
false
News
,
or
slanderous
reports
,
raised
and
spread
amongst
the
great
men
.
For
in
these
Times
the
Lords
were
of
such
a
considerable
power
,
as
the
vexation
of
one
Lord
,
proved
the
vexation
of
a
multitude
of
the
meaner
sort
.
And
though
the
Statute
of
Westminster
the
1.
formerly
had
provided
against
such
Tales
,
yet
it
touched
onely
such
as
concerned
discord
between
the
King
and
people
,
although
by
implication
also
it
might
be
construed
to
extend
further
.
But
Richard
the
Second
,
willing
to
live
in
quiet
,
that
he
might
enjoy
his
pleasure
,
would
have
the
people
know
their
duties
in
plain
words
,
false
News
,
Thus
the
seed
was
choked
,
or
was
so
intended
to
be
,
though
every
passion
was
not
thus
suppressed
.
For
some
angers
conquer
all
fear
,
and
will
hold
possession
come
what
will
.
In
the
next
place
therefore
,
provision
is
made
against
the
first
Actings
in
sorting
of
parties
by
Tokens
and
Liveries
;
utterly
inhibiting
the
meaner
sort
of
the
people
from
giving
of
Liveries
to
maintain
quarrels
,
upon
pain
of
Fine
and
Imprisonment
,
and
the
Trial
to
be
before
the
Justices
of
Assize
;
Justices
of
the
Peace
shall
make
enquiry
of
such
offences
,
and
punish
them
according
to
their
discretion
.
A
third
prevention
was
provided
against
gathering
together
of
Parties
,
after
they
are
sorted
:
For
the
humours
may
so
abound
,
as
nothing
will
keep
them
in
;
they
must
either
break
out
into
a
sore
,
or
a
long
sickness
of
State
will
certainly
follow
.
To
this
end
therefore
,
the
Statute
made
at
Northampton
is
again
revived
,
ride
armed
,
unless
in
some
particular
cases
▪
Commission
of
the
Peace
,
but
rather
of
War
,
directed
unto
valiant
persons
in
every
County
,
and
they
have
power
thereby
to
apprehend
such
Offenders
,
and
imprison
them
until
the
Gaol-delivery
,
though
no
Indictment
be
found
thereof
,
until
the
Gaol-delivery
shall
be
.
By
this
Commission
therefore
power
is
given
of
Posse
Comitatus
,
in
nature
of
a
Commission
of
Array
,
with
an
additional
power
of
fighting
and
destroying
;
so
as
though
the
King
granteth
the
Power
by
the
Commission
,
yet
the
Parliament
giveth
the
Power
to
the
Commission
;
and
be
it
a
Commission
for
Peace
,
or
War
,
it
is
originally
from
that
power
.
The
fourth
and
last
prevention
,
was
the
taking
away
means
of
continuance
and
supporting
such
Riotous
ways
,
Viz.
Castles
and
Gaols
out
of
the
Custody
of
private
hands
,
and
restoring
them
to
their
Counties
.
For
Gaols
and
Castles
are
taken
promiscuously
for
places
of
security
,
in
times
of
Peace
to
keep
ill
persons
from
going
out
,
and
in
times
of
War
from
getting
in
.
Amongst
these
,
some
belonged
to
the
King
,
and
were
committed
to
such
as
he
favoured
,
who
commonly
(
in
such
times
of
Oppression
and
Violence
)
grew
too
big
for
Justice
,
usurping
a
Gaol
delivery
,
and
making
such
places
of
strength
,
many
times
,
even
to
the
innocent
,
a
Prison
to
keep
them
from
the
Law
;
but
unto
guilty
persons
,
an
Asylum
to
defend
them
against
the
Law.
And
these
thus
belonging
to
the
King
,
were
under
no
Law
,
but
of
Prerogative
;
whereas
other
Castles
of
private
persons
were
under
the
yoke
of
the
Statute
,
13
E.
1.
For
remedy
of
all
which
,
the
Kings
Castles
are
once
more
returned
to
the
Sheriff's
Custody
,
by
Act
of
Parliament
;
who
questionless
have
the
power
to
dispose
of
all
places
of
strength
,
whether
in
order
to
Peace
or
War
;
and
could
not
dispose
them
into
a
more
safe
and
indifferent
hand
than
the
Sheriff's
,
who
is
as
well
the
King's
Officer
,
as
the
Kingdoms
Servant
;
and
much
intrusted
by
the
Law
,
in
the
execution
of
its
own
power
.
And
thus
is
this
Nation
now
prepared
for
a
setled
Peace
;
a
condition
that
is
long
in
ripening
,
and
soon
rotten
,
unless
it
be
well
fenced
and
over-awed
by
a
good
Conscience
.
But
Richard
the
Second
was
neither
so
good
,
nor
so
happy
;
his
Heart
affected
to
be
high
,
but
his
Head
could
not
bear
it
;
he
turns
giddy
,
and
runs
far
wide
.
Those
that
would
reduce
him
,
he
enforces
into
Foreign
Countries
;
and
himself
holds
on
his
career
over
Hedge
and
Ditch
into
Ireland
;
where
under
pretension
of
holding
possession
of
that
Kingdom
,
he
lost
England
:
and
whilst
he
plays
his
game
in
that
Country
,
another
plays
King
by
your
leave
,
in
this
,
and
steps
into
the
Throne
;
teaching
the
King
thereby
this
Lesson
,
though
too
late
;
That
Non-residency
is
dangerous
for
a
Priest
,
but
unto
a
Prince
fatal
,
unless
his
Subjects
be
fast
to
him
when
he
is
loose
to
them
.
CHAP.
XIII
.
A
View
of
the
Summary
Courses
of
Henry
the
Fourth
,
Henry
the
Fifth
,
and
Henry
the
Sixth
,
in
their
several
Reigns
.
HE
that
played
this
prank
,
was
the
banished
Duke
of
Hertford
,
Son
of
John
of
Gaunt
,
and
by
his
death
now
become
Duke
of
Lancaster
by
Title
;
and
as
the
Times
then
were
,
it
proved
not
hard
to
get
more
.
For
in
uncertain
Commonwealths
,
it
is
an
easie
thing
for
a
man
of
opinion
,
that
hath
less
than
his
due
,
to
get
more
than
he
ought
.
As
Son
of
John
of
Gaunt
,
this
Duke
had
the
peoples
good
wishes
:
he
(
a
wise
and
a
brave
man
,
and
under
oppression
)
gained
the
more
upon
the
people
,
by
how
much
they
love
brave
men
,
and
compassionate
such
as
suffer
wrong
;
especially
from
such
persons
from
whom
they
all
found
the
like
measure
.
All
these
concurring
with
the
King's
absence
,
invited
the
Duke
to
adventure
himself
upon
the
influence
of
the
peoples
favour
,
to
gain
his
own
right
,
and
what
more
the
people
would
allow
him
;
and
if
no
more
,
yet
his
Honour
is
saved
;
he
came
for
his
own
,
and
attained
his
end
.
Thus
then
he
comes
over
without
Army
,
or
Foreign
Power
,
or
other
help
,
saving
the
advice
and
interest
of
Archbishop
Arundel
,
who
was
his
Companion
in
suffering
,
Partner
in
the
Cause
,
and
no
less
welcome
to
the
Clergie
,
than
the
Duke
himself
was
to
the
people
;
and
so
gained
power
to
the
Duke
,
though
he
brought
none
.
Upon
their
arrival
,
the
Aspects
of
all
are
benign
,
the
Dukedom
waits
for
him
;
and
in
that
,
as
in
a
Mirrour
,
he
beholds
the
way
fair
and
easie
;
yet
further
,
it
pities
him
to
see
the
Kingdom
so
torn
in
pieces
and
spoiled
.
The
people
knew
him
able
,
and
hoped
him
willing
to
amend
all
:
they
offered
him
their
Service
;
which
he
accepts
,
and
therewith
the
Crown
.
So
hard
a
thing
it
is
for
to
put
a
stop
to
a
Conquerour
in
his
career
.
By
this
time
was
the
Duke
of
Hertford
thus
become
Duke
of
Lancaster
,
and
King
of
England
,
under
the
name
of
Henry
the
Fourth
,
by
a
design
that
in
the
proof
was
more
easie
than
commendable
:
and
which
being
effected
,
cost
more
skill
to
make
that
seem
fair
which
was
so
foul
,
than
to
accomplish
the
thing
.
He
therefore
first
heaps
together
Titles
,
enough
to
have
buried
the
clamour
of
Usurpation
,
if
it
would
have
succeeded
.
Conquest
was
a
Title
freest
from
Dispute
whilst
Power
holds
;
but
it
looks
better
from
a
Foreign
Enemy
,
than
one
sworn
to
the
English
Crown
;
and
therefore
after
that
had
served
his
turn
,
he
disclaimed
it
;
as
that
which
was
,
though
meet
enough
to
have
,
yet
unmeet
to
hold
.
His
right
by
Designation
from
his
Predecessor
he
glanced
upon
,
but
durst
not
adventure
it
too
deep
into
the
peoples
consideration
,
whose
Ancestors
had
formerly
over-ruled
the
Case
against
King
John.
He
then
stayed
upon
a
concealed
Title
from
a
concealed
Son
of
Henry
the
Third
,
of
whom
they
who
listed
might
be
perswaded
,
but
few
believed
the
thing
,
nor
did
himself
;
but
thence
takes
his
slight
up
to
a
Jus
Divinum
,
or
some
hidden
Fate
that
called
him
to
the
work
;
but
even
there
his
Wings
failed
him
,
and
so
he
falls
flat
upon
the
Peoples
Election
,
De
bene
esse
.
Some
of
these
,
or
all
together
,
might
make
Title
enough
for
a
great
Man
that
resolved
to
hold
by
hook
,
what
he
had
got
by
crook
;
and
therefore
trussing
them
up
all
together
,
he
enters
his
claim
to
the
Crown
,
As
coming
from
the
Bloud
Royal
from
King
Henry
,
and
through
the
Right
that
God
his
Grace
hath
sent
me
;
with
the
help
of
my
Kin
and
Friends
to
recover
the
same
,
which
was
in
point
to
be
undone
for
want
of
good
Governance
,
and
due
Justice
.
The
extract
of
all
is
,
that
he
was
chosen
by
the
People
and
Parliament
then
sitting
.
And
albeit
that
by
the
Resignation
of
Richard
the
Second
,
the
Parliament
might
seem
,
in
strict
construction
of
Law
,
to
be
expired
,
together
with
the
Kings
power
who
called
them
together
;
yet
did
not
that
Parliament
so
apprehend
the
matter
,
but
proceeded
not
onely
to
definitive
Sentence
of
deposing
him
,
but
declared
themselves
by
their
Commissaries
,
to
be
the
Three
States
,
and
Representative
of
the
People
of
England
;
maintaining
thereby
their
subsistency
by
the
consistence
of
the
Members
together
,
although
their
Chief
was
for
the
present
like
a
head
in
a
Trance
,
till
they
had
chosen
Henry
the
Fourth
to
succeed
in
the
Throne
;
by
this
means
preventing
the
conceit
of
discontinuance
in
the
very
Bud
of
the
Notion
.
Much
like
his
entry
was
his
continuance
,
a
continual
tide
of
Foreign
and
Domestick
War
and
Conspiracy
,
enough
to
exercise
his
great
Courage
;
although
he
was
more
wise
than
warlike
,
being
loth
to
take
up
Arms
;
(
for
well
he
knew
,
that
a
sick
Title
never
sleeps
but
in
a
Bed
of
Peace
)
and
more
loth
to
lay
them
down
:
For
besides
Victory
,
whereby
he
gained
upon
his
Enemies
in
time
of
War
,
he
knew
how
to
make
advantage
of
them
in
time
of
Peace
,
to
secure
his
Friends
,
to
keep
others
in
awe
,
to
enforce
such
Laws
as
stood
with
reason
of
State
,
and
the
present
posture
of
Affairs
;
and
where
Laws
failed
,
to
fill
up
the
period
with
Dictates
of
his
own
Will
.
And
upon
this
account
the
Product
was
a
Government
full
of
Ulcers
▪
of
Bloudshed
,
without
regard
of
persons
,
whether
of
the
Lay
or
Religious
Order
,
without
Legal
Trial
,
or
priviledge
of
Clerk.
So
was
Archbishop
Walden
dethroned
,
Archbishop
Scroop
put
to
death
,
and
Dukes
were
dismounted
without
Conviction
or
Imputation
,
saving
of
the
Kings
displeasure
.
Taxes
multiplied
,
although
begotten
they
were
upon
the
Parliament
,
like
some
monstrous
Births
shewn
to
the
World
,
to
let
it
know
what
could
be
done
;
To
keep
off
Foreign
Troubles
,
he
made
Peace
with
France
for
longer
time
than
he
lived
;
yet
was
ever
infested
with
the
Sword
of
St.
Paul
,
in
behalf
of
Richard
the
Second's
Queen
;
and
with
the
Factions
between
the
Houses
of
Orleans
and
Burgundy
,
in
which
he
had
interested
himself
to
preserve
the
Foreign
Neighbourhood
in
Parties
one
against
another
,
that
himself
might
attend
his
own
security
at
home
.
He
would
have
moved
the
Scots
,
but
they
were
already
under
English
Banners
;
nor
could
he
reach
so
far
,
having
so
many
Enemies
even
in
his
own
bosom
.
The
Welsh
were
big
with
Antiquity
,
and
Mountains
of
Defence
;
they
begin
to
bethink
themselves
of
their
Antient
Principality
,
hold
the
Kings
Arms
at
hard
duty
,
Office
Ministerial
,
holding
Castle
,
of
Convention
without
the
Kings
License
,
yea
,
of
Purchase
;
and
by
degrees
were
brought
down
from
the
height
of
a
Free
Principality
,
to
be
starved
in
their
power
,
and
inferiour
to
a
Free
People
.
And
thus
the
Welsh
on
the
one
side
,
the
discontented
Lords
on
the
other
,
and
Mortimar's
Title
in
all
,
so
busied
the
King
,
as
though
he
lopped
off
the
Tops
as
they
sprang
up
,
yet
they
sprang
forth
as
they
were
lopped
;
nor
was
it
the
Kings
lot
all
this
while
to
find
out
the
root
of
All
,
or
to
strike
at
that
.
Lastly
,
when
time
had
made
all
Troublers
weary
,
yet
he
still
sits
upon
Torns
;
he
was
jealous
of
his
Subjects
,
jealous
of
his
Son
,
yea
,
jealous
of
himself
:
it
being
ever
the
first
and
last
of
his
thoughts
,
how
to
keep
his
Crown
.
For
the
most
part
of
his
Reign
,
he
was
troubled
with
the
walking
Ghost
of
Richard
the
Second
;
ever
and
anon
he
was
alive
,
he
was
here
,
he
was
there
,
and
so
the
peoples
minds
were
always
kept
at
random
;
but
when
all
these
Spirits
are
conjured
down
,
Richard
the
Second's
Ghost
is
yet
within
Henry's
own
breast
.
So
ruled
Henry
the
Fourth
,
an
unhappy
confident
man
,
that
durst
undertake
more
than
he
would
,
did
more
than
he
ought
,
was
successful
in
what
he
did
,
yet
never
attained
his
end
,
to
be
sure
of
his
Crown
,
and
quiet
of
mind
.
For
a
Plaister
to
this
Sore
,
he
turned
somewhat
towards
Religion
;
but
shewed
it
more
in
zeal
to
Church-men
,
than
in
works
of
Piety
:
and
therefore
may
be
thought
to
regard
them
rather
as
his
best
Friends
in
right
of
Archbishop
Arundel
,
than
as
in
relation
to
Religion
.
Yet
,
Holy
Land
,
and
War
against
the
Infidels
;
the
common
Physick
of
guilty
Kings
in
those
days
.
Briefly
,
he
did
will
to
do
any
thing
,
but
undo
what
he
had
done
;
and
had
done
more
,
had
his
Journey
to
the
Holy
Land
succeeded
.
But
(
whether
hastned
or
delayed
by
a
Prophecie
of
the
ending
of
his
days
,
falls
not
within
my
Pen
to
censure
;
)
entring
upon
the
Work
he
died
,
in
the
beginning
of
his
purposes
,
in
the
midst
of
his
fears
;
never
came
to
the
Holy
Land
,
and
yet
yielded
up
his
last
breath
in
Jerusalem
.
The
Parliament
was
then
sitting
,
and
was
witness
of
the
death
of
Henry
the
Fourth
,
the
Fifth
.
as
it
had
been
of
his
entrance
upon
the
Throne
,
as
if
purposed
to
see
the
course
of
the
Crown
in
the
doubtful
current
between
the
two
Houses
of
Lancaster
and
York
;
and
to
maintain
their
own
Honour
,
in
directing
the
Scepter
according
to
their
warranty
upon
a
late
Intail
by
Act
of
Parliament
.
Yet
did
not
all
rest
upon
this
:
for
the
Heir
of
Henry
the
Fourth
was
a
Man
every
inch
of
him
,
and
meant
not
to
Moot
upon
the
point
:
His
Father
died
a
King
,
and
he
his
Heir
had
the
Crown
,
and
was
resolved
to
hold
it
.
A
rough
young
man
he
had
been
formerly
,
and
bold
enough
to
out-face
small
doubts
in
point
of
Succession
;
for
he
could
(
for
need
)
out-face
common
Civility
it self
.
This
might
have
lien
in
his
way
;
for
he
that
cannot
govern
himself
,
can
much
less
govern
a
Kingdom
.
Yet
a
hidden
providence
concluded
quite
contrary
,
and
rendred
him
a
clear
Testimony
of
a
strange
change
by
the
anointing
Oyl
,
like
that
of
Saul
,
that
forthwith
had
the
Spirit
of
another
man
.
So
though
not
hammered
thereto
by
Affliction
,
as
was
Edward
the
First
,
yet
was
he
his
parallel
in
Government
,
and
superiour
in
Success
.
Being
seated
in
the
Throne
,
all
men
thought
it
dangerous
to
abide
the
adventure
of
the
Turn
of
this
Kings
Spirit
.
The
Clergie
had
but
yesterday
tried
the
Mastery
with
the
Laity
,
and
gained
it
but
by
one
Vote
:
there
was
no
dealing
with
the
Clergie
whilst
Archbishop
Arundel
lived
,
nor
with
him
whilst
Henry
the
Fourth
lived
,
or
his
Merits
were
in
memory
;
but
now
they
both
are
dead
,
the
Clergie
and
the
Laity
are
upon
even
ground
.
This
might
make
the
Clergie
now
not
over-confident
:
The
Lords
looked
on
the
King
as
a
man
like
enough
to
strike
him
that
stands
next
.
The
wise
men
saw
he
would
be
doing
;
all
men
were
tired
with
Intestine
Quarrels
;
and
jumped
in
one
,
That
he
that
would
be
in
action
,
should
act
abroad
;
where
he
might
get
Renown
,
and
a
Purchase
big
enough
for
his
Spirit
.
Scotland
was
a
Kingdom
yet
incompetent
to
the
King's
Appetite
.
France
was
the
fairer
Mark
,
and
better
Game
;
and
though
too
big
for
the
English
gripe
,
yet
the
Eagle
stooped
,
and
sped
himself
so
well
,
as
within
six
years
he
fastned
upon
the
Sword
and
Scepter
,
and
a
Daughter
of
France
,
and
might
have
seized
the
Crown
,
but
chose
to
suffer
a
blur
to
lie
upon
his
Title
derived
from
Edward
the
Third
,
rather
than
to
incur
the
censure
of
Arrogancy
over
a
stooping
Enemy
,
or
to
pluck
the
fruit
from
the
Tree
before
it
was
fully
ripe
;
which
in
time
would
fall
●nto
his
lap
by
a
better
Law
than
that
of
the
Sword
:
Otherwise
it
might
be
well
conceited
,
that
he
that
hath
both
Right
and
Power
,
and
will
not
seize
,
disclaims
.
Besides
,
the
King
was
as
well
Inheritor
to
his
Father's
Fate
as
Crown
:
still
he
had
success
,
but
the
end
was
so
far
distant
,
that
he
died
in
the
way
thereto
.
The
brave
Dauphine
of
France
maintaining
War
(
after
his
Father
the
French
King
had
yielded
up
the
Bucklers
to
Henry
the
Fifth
)
till
Henry
the
Fifth
died
,
and
the
English
did
forgo
what
they
had
formerly
gotten
in
France
by
the
Sword
of
that
great
Commander
.
Nor
did
the
English
gain
any
thing
in
the
conclusion
of
this
War
,
but
an
honourable
windy
repute
of
being
one
of
the
five
Chief
Nations
of
Christendom
,
(
if
honour
it
be
to
be
reputed
amongst
the
Nations
)
a
Conquerour
of
France
,
the
chief
Leader
unto
the
dethroning
of
three
Popes
at
once
,
the
Election
of
Pope
Martin
,
and
of
giving
a
Cure
to
that
deadly
Wound
of
the
Popedom
which
had
spent
the
bloud
of
two
hundred
thousand
mens
lives
lost
in
that
Quarrel
.
These
Foreign
Engagements
made
the
King
less
sollicitous
of
the
point
of
Prerogative
at
home
;
and
the
rather
,
because
he
knew
the
way
to
conquer
his
private
Enemies
Arms
,
and
his
Subjects
Hearts
;
without
loss
of
Honour
in
the
one
,
or
Reverence
in
the
other
.
He
loved
Justice
above
the
rank
of
his
Predecessors
,
and
in
some
respects
above
himself
;
for
he
advanced
Gascoign
for
doing
Justice
,
though
to
the
King
's
own
shame
.
He
liked
not
to
intrude
himself
into
Elections
,
and
therefore
,
though
requested
by
the
Monks
of
Canterbury
,
he
would
not
nominate
a
Successour
to
Archbishop
Arundel
,
Lords
consent
;
when
he
made
his
Unkle
the
Marquiss
of
Dorset
,
Duke
of
Exeter
,
and
had
given
him
a
Pension
to
maintain
that
honour
,
Lords
consent
thereto
.
To
the
Clergie
he
was
more
than
just
,
if
not
indulgent
;
led
thereto
by
his
Father's
example
,
as
being
wrapped
up
in
the
same
Interest
as
I
conceive
,
rather
than
out
of
any
liking
of
their
ways
,
now
growing
more
bold
upon
Usurpation
than
in
former
times
.
Or
it
may
be
,
that
having
prevailed
in
that
work
in
France
,
which
to
any
rational
man
must
needs
appear
above
the
power
of
the
King
,
and
all
the
Realm
of
England
;
he
looked
upon
it
as
more
than
humane
,
and
himself
as
an
instrument
of
Miracles
.
And
was
stirred
up
in
his
Zeal
to
God
,
according
to
his
understanding
in
those
dark
times
,
to
give
the
Clergie
scope
,
and
to
pleasure
them
with
their
liberty
of
the
Canon-Law
,
that
began
now
to
thunder
with
Fire
and
Terrour
in
such
manner
,
Holy
Ground
;
and
their
hot
pursuit
of
the
Lord
Cobham
unto
a
death
of
a
new
nature
,
for
somewhat
done
which
was
sometimes
called
Treason
,
and
sometimes
Heresie
.
And
thus
became
Henry
the
Fifth
baptized
in
the
Flames
of
the
Lollards
,
as
his
Father
had
sadly
rendred
up
his
spirit
in
the
same
.
I
say
,
in
this
he
is
to
be
looked
upon
as
one
misled
for
want
of
light
,
rather
than
in
opposition
against
the
light
:
For
in
his
last
Will
,
wherein
men
are
wont
to
be
more
serious
and
sincere
,
amongst
his
private
regards
,
he
forgets
not
to
reflect
upon
Religion
to
this
purpose
.
We
further
bequeath
(
saith
he
)
to
the
redundant
Mercy
of
the
Most
Excellent
Saviour
,
the
Faith
,
Hope
,
and
Charity
,
the
Vertue
,
Prosperity
,
and
Peace
of
the
Kings
our
Successours
,
and
of
our
Kingdom
of
England
;
that
God
for
his
goodness
sake
would
protect
,
visit
,
and
defend
them
from
Divisi●●s
,
Dissentions
,
and
from
all
manner
of
decitfulness
of
Hereticks
.
And
thus
the
Piety
,
Justice
,
and
Moderation
of
Henry
the
Fifth
,
adorned
and
crowned
the
honour
of
his
Courage
and
Greatness
,
with
that
honourable
Title
of
Prince
of
Priests
:
And
had
he
been
blessed
with
a
clearer
light
,
he
might
as
well
under
God
have
obtained
the
Title
of
Prince
of
Princ●s
,
wanting
nothing
that
might
have
rendred
him
a
precedent
of
Fame
.
But
the
time
is
now
come
,
the
Sixth
.
that
the
Tide
of
England's
Glory
must
turn
,
and
the
sudden
Conquest
in
France
by
Henry
the
Fifth
,
not
unlike
the
Macedonian
Monarchy
,
must
disgorge
it self
of
what
it
had
hastily
devoured
,
but
never
could
digest
.
Three
things
concurred
hereunto
;
one
dangerous
,
the
other
two
fatal
to
the
flourishing
condition
of
any
Nation
.
First
,
The
King
is
a
Minor
in
the
least
degree
that
ever
any
Prince
sate
on
English
Throne
.
He
entred
thereinto
,
neither
knowing
what
he
did
,
nor
where
he
was
;
and
some
say
,
he
sate
therein
in
his
Mothers
Lap
:
for
his
Life
had
been
more
in
the
Womb
than
abroad
.
A
sad
presage
of
what
followed
!
for
many
men
think
that
he
was
in
a
Lap
all
his
days
.
Nor
are
the
chief
men
to
be
blamed
herein
:
for
it
is
a
certain
Truth
,
That
it
is
much
better
that
the
Election
of
a
King
should
be
grounded
upon
a
rule
that
is
known
,
though
it
be
by
descent
of
Inheritance
,
than
upon
none
at
all
.
For
if
a
Child
should
succeed
,
or
a
Lunatick
,
yet
where
the
Principle
of
Government
resteth
upon
the
Representative
of
the
people
,
there
is
the
less
cause
of
Complaint
;
the
Government
being
still
the
same
,
both
for
Strength
,
Wisdom
,
and
Uniformity
,
though
it
may
be
the
Nation
not
so
active
and
brave
:
For
a
Commonwealth
can
admit
of
no
Minority
,
though
a
Monarchy
by
descent
may
.
Secondly
,
This
deficiency
in
Nature
might
have
been
supplied
,
but
that
these
times
were
unhappy
in
the
great
power
of
the
Lords
;
to
please
whom
,
the
Government
is
parcelled
out
into
two
shares
:
One
is
made
Protector
of
the
King's
person
,
the
other
Protector
of
the
Kingdom
;
too
many
by
one
:
For
let
their
persons
be
never
so
eminent
for
Abilities
,
if
they
be
not
as
eminent
for
Humility
and
Self-command
,
their
hearts
will
soon
over-rule
their
heads
into
a
Faction
.
And
therefore
though
the
Earl
of
Warwick
was
a
wise
man
,
and
the
Duke
of
Gloucester
a
wise
man
,
yet
the
Earl
of
Warwick
with
the
Duke
of
Gloucester
,
were
not
wise
.
On
the
other
side
,
the
Protectorship
of
the
King's
person
being
in
the
Duke
of
Exeter
,
and
that
of
the
Realm
in
the
Duke
of
Gloucester
,
things
succeeded
passing
well
;
for
they
both
had
one
publick
aim
,
and
the
Duke
of
Exeter
could
comply
with
the
Spirit
of
the
Duke
of
Gloucester
,
who
otherwise
was
not
so
pliant
.
But
after
five
years
,
the
Duke
of
Exeter
dying
,
and
the
Government
of
the
King's
person
devolving
to
the
Earl
of
Warwick
,
who
sided
with
the
proud
Cardinal
of
Winchester
against
the
Duke
of
Gloucester
,
and
so
not
onely
consumed
the
rest
of
the
Kings
Non-age
in
a
restless
disturbance
of
Affairs
,
but
also
despoiled
Henry
the
Sixth
of
the
spirit
of
a
King
for
the
future
,
and
so
the
Kingdom
of
a
King.
For
it
was
not
the
condition
of
Henry
the
Sixth
,
to
be
endowed
with
a
spirit
of
such
height
,
but
might
well
have
been
led
by
Advice
,
and
needed
not
the
Earl
of
Warwick's
rugged
Brow
to
over-look
him
;
who
was
not
content
to
have
the
King
onely
attendant
upon
his
Advice
,
but
must
likewise
have
him
under
his
Rod
,
to
be
corrected
for
his
Faults
;
and
that
by
a
Commission
under
the
King
's
own
Hand
,
and
Seal
,
dated
in
the
Eleventh
year
of
the
King's
Reign
:
and
so
under
colour
of
curbing
,
he
killed
that
spirit
in
the
King
,
which
otherwise
doubtless
had
both
spirit
and
pride
enough
to
act
himself
above
his
due
height
,
and
could
not
have
been
so
long
a
Child
,
and
so
little
a
Man
as
he
was
.
It
is
very
true
,
that
Henry
the
Fifth
by
Will
,
seemed
to
countenance
his
Brothers
;
and
it
cannot
be
denied
but
the
Duke
of
Gloucester
was
of
such
noble
parts
,
that
they
could
hardly
dilate
in
any
work
inferiour
to
the
Government
of
a
Kingdom
.
Nevertheless
,
to
yield
much
to
the
Will
of
a
diseased
King
in
such
cases
,
is
as
ill
a
preceden●
as
the
making
of
a
King
by
Adoption
.
And
it
had
been
better
for
the
people
to
have
adhered
to
the
Duke
of
Gloucester
alone
,
than
by
joyning
him
with
another
,
bring
into
a
precedent
such
a
luxuriant
Complement
of
State
,
as
a
Protectorship
of
a
Kingdom
,
which
is
of
such
little
use
to
a
Commonwealth
,
and
of
so
bitter
Fruit
to
the
Party
,
as
must
needs
bring
Repentance
when
it
is
too
late
.
For
he
that
can
manage
the
Protectorship
of
a
Realm
,
without
anger
of
good
men
,
or
envy
of
bad
men
,
is
fitting
to
live
onely
with
Angels
,
and
too
good
for
the
World.
Nor
did
the
Duke
of
Gloucester
meet
with
better
measure
how
wise
soever
he
was
,
and
truly
devoted
to
the
good
of
the
Realm
.
For
after
four
and
twenty
years
Government
,
so
wisely
and
faithfully
carried
on
by
him
,
that
Justice
it self
could
not
touch
his
person
;
unjustice
did
,
and
he
received
this
reward
from
his
Nephew
Henry
the
Sixth
,
that
he
died
in
the
dark
,
because
the
Cause
durst
not
endure
the
light
.
Now
is
Henry
the
Sixth
perswaded
that
he
is
of
full
Age
,
he
had
laid
aside
his
Guardian
the
Duke
of
Gloucester
;
but
forgetting
to
sue
out
his
Livery
,
he
betakes
himself
from
the
Grace
of
God
,
into
the
warm
Sun
,
(
as
the
Proverb
is
)
changing
the
Advice
of
a
faithful
experienced
wise
Counsellour
,
for
the
Government
of
an
Imperious
Woman
,
his
Queen
:
who
allowed
him
no
more
of
a
King
,
than
the
very
Name
;
and
that
also
she
abused
,
to
out-face
the
World.
And
after
she
had
removed
the
Duke
of
Gloucester
out
of
the
way
,
undertook
the
sway
of
the
Kingdom
in
her
own
person
,
being
a
Foreigner
,
neither
knowing
nor
caring
for
other
Law
than
the
Will
of
a
Woman
.
Thus
the
Glory
of
the
House
of
Lancaster
goes
down
,
and
now
a
Star
of
the
House
of
York
appears
in
the
rising
,
and
the
people
look
to
it
.
The
Queen
hereat
becomes
a
Souldier
,
and
begins
the
Civil
Wars
between
the
two
Houses
,
wherein
(
her
English
party
growing
wise
and
weary
)
she
prays
Aid
of
Ireland
;
a
Nation
that
like
unto
Crows
,
ever
wants
to
prey
upon
the
Infirmities
of
England
.
The
Wars
continue
about
sixteen
years
by
●its
,
wherein
the
first
loss
fell
to
the
English
party
,
the
pretensions
being
yet
onely
for
good
Government
.
Then
the
Field
is
quiet
for
about
four
years
;
after
which
,
the
clamour
of
ill
Government
revives
,
and
together
therewith
a
claim
to
the
Crown
by
the
House
of
York
is
avouched
.
Thereupon
the
Wars
grew
hot
for
about
four
years
more
;
and
then
an
ebb
of
as
long
Quiet
ensues
.
The
Tide
at
last
returns
,
and
in
two
years
War
,
Unhappy
King
,
I
say
,
that
to
purchase
his
Kingdoms
Freedom
from
a
Foreign
War
,
sold
himself
to
a
Woman
,
and
yet
lost
his
Bargain
,
and
left
it
to
Observation
,
That
a
Conscientious
man
that
marries
for
by-regards
,
never
thrives
.
For
France
espied
their
advantage
;
they
had
maintained
War
with
England
from
the
death
of
Henry
the
Fifth
,
with
various
success
.
The
Duke
of
Bedford
being
Regent
for
the
English
;
for
the
space
of
fourteen
years
mightily
sustained
the
fainting
condition
of
the
English
Affairs
in
those
parts
;
and
having
crowned
his
Master
Henry
the
Sixth
in
Paris
,
in
the
ninth
year
died
;
leaving
behind
him
an
honourable
Witness
,
even
from
his
Enemies
:
That
he
was
a
brave
Commander
,
a
true
Patriot
,
and
a
faithful
Servant
to
his
Lord
and
Brother
Henry
the
Fifth
,
and
to
his
Son
Henry
the
Sixth
.
But
now
the
Duke
of
Bedford
is
dead
;
and
though
France
had
concluded
a
Peace
with
the
English
,
yet
they
could
not
forget
the
smart
of
their
Rod
,
but
concluded
their
Peace
upon
a
Marriage
to
be
had
with
a
Woman
of
their
own
bloud
and
interest
.
And
what
they
could
not
effect
by
Arms
in
th●●r
own
Field
,
they
did
upon
English
ground
by
a
Feminine
Spirit
,
which
they
sent
over
into
England
to
be
their
Queen
;
and
in
one
Civil
War
(
shedding
more
English
bloud
by
the
English
Sword
,
than
they
could
formerly
do
by
all
the
men
of
France
)
were
revenged
upon
England
to
the
full
,
A
Kingdom
is
never
more
befooled
,
than
in
the
Marriage
of
their
King
:
if
the
Lady
be
great
,
she
is
good
enough
,
though
as
Jezabel
,
she
will
neither
reverence
her
Husband
,
obey
her
Lord
and
King
,
nor
regard
his
people
.
And
thus
was
this
Kingdom
scourged
by
a
Marriage
,
for
the
sin
of
the
wise
men
,
that
(
building
upon
a
false
Foundation
)
advised
the
King
in
the
breach
of
Contract
with
the
Earl
of
Arminiack's
Daughter
.
And
thus
the
King
also
,
for
that
hearkning
to
such
Counsel
,
murthered
the
Duke
of
Gloucester
,
that
had
been
to
him
a
Father
;
yielded
up
his
Power
to
his
Queen
,
(
a
masterless
and
proud
woman
,
that
made
him
like
a
broken
Idol
without
use
)
suffered
a
Recovery
of
his
Crown
and
Scepter
in
the
Parliament
from
his
own
Issue
,
to
the
Line
of
York
;
then
renewing
the
War
(
at
his
Queens
beck
)
lost
what
he
had
left
of
his
Kingdom
,
Country
,
and
Liberty
;
and
(
like
the
King
that
forgot
the
kindness
of
Jehojada
)
lost
his
Life
by
the
hand
of
his
Servant
.
CHAP.
XIV
.
Of
the
Parliament
during
the
Reigns
of
these
Kings
.
THe
Interest
of
the
Parliament
of
England
is
never
more
predominant
,
than
when
Kings
want
Title
or
Age.
The
first
of
these
was
the
Case
of
Henry
the
Fourth
immediately
;
but
of
them
all
,
in
relation
to
the
pretended
Law
of
the
Crown
:
but
Henry
the
Sixth
had
the
disadvantage
of
both
;
whereof
in
its
due
place
.
The
pretended
Law
of
the
Crown
of
England
,
is
to
hold
by
Inheritance
,
with
power
to
dispose
of
the
same
,
in
such
manner
,
by
such
means
,
and
unto
such
persons
as
the
King
shall
please
.
To
this
,
it
cannot
be
denied
,
divers
Kings
had
put
in
their
claims
,
by
devising
their
Crown
in
their
last
Will
:
but
the
success
must
be
attributed
to
some
power
under
God
,
that
must
be
the
Executor
when
all
is
done
;
and
which
must
in
cases
of
Debate
concerning
Succession
,
determine
the
matter
by
a
Law
best
known
to
the
Judge
himself
.
Not
much
unlike
hereunto
,
is
the
Case
of
Henry
the
Fourth
,
who
like
a
Bud
putting
up
in
the
place
of
a
fading
Leaf
,
dismounts
his
Predecessor
:
First
,
from
the
peoples
regard
,
and
after
from
his
Throne
;
which
being
empty
,
sometimes
he
pretended
the
resignation
of
his
Predecessor
to
him
,
other
whiles
an
obscure
Title
by
descent
;
his
Conscience
telling
him
all
the
while
,
that
it
was
the
Sword
that
wrought
the
work
.
But
when
he
comes
to
plead
his
Title
to
Foreign
Princes
by
protestation
,
laying
aside
the
mention
of
them
all
,
he
justifies
upon
the
unanimous
consent
of
the
Parliament
,
and
the
people
,
in
his
own
onely
person
.
And
so
before
all
the
World
,
confessed
the
Authority
and
Power
of
the
Parliament
of
England
,
in
disposing
of
the
Crown
in
special
Cases
,
as
a
sufficient
Bar
unto
any
pretended
Right
that
might
arise
from
the
House
of
Mortimar
.
And
yet
because
he
never
walks
safely
that
hath
an
Enemy
pursuing
him
still
within
reach
,
he
bethinks
himself
not
sure
enough
,
unless
his
next
Successours
follow
the
dance
upon
the
same
foot
:
To
this
end
an
Act
of
Parliament
leads
the
Tune
,
whereby
the
Crown
is
granted
or
confirmed
to
Henry
the
Fourth
for
life
,
and
entailed
upon
his
Sons
,
Thomas
,
John
,
and
Humphrey
,
by
a
Petition
presented
5
Hen.
4.
Thus
Henry
the
Fourth
,
in
the
Clouds
,
to
be
revealed
in
due
time
.
The
due
consideration
hereof
,
will
make
the
things
that
follow
less
strange
.
For
the
Parliament
,
according
to
occasion
,
as
the
Supream
Power
of
this
Kingdom
,
exercised
Supream
Jurisdiction
in
order
to
the
safety
of
the
Kingdom
,
Royal
Assent
;
H.
6.
n.
29.
2
H.
6.
n.
27.
8
H.
6.
n.
12.
referring
matters
determinable
in
Parliament
,
to
be
determined
according
to
their
directions
Authoritate
Parliamenti
;
confirming
Peace
made
by
the
King
;
Chancellors
,
Barons
,
and
Privy
Counsellors
,
and
giving
them
instructions
,
8
H.
4.
n.
73.
and
76.
and
31.
5
H.
4.
n.
57.
31
H.
6.
n.
21.
and
binding
them
to
observance
upon
Oath
,
H.
4.
n.
19
,
Now
if
such
as
these
things
were
thus
done
,
not
by
one
Parliament
,
which
possibly
might
be
overswayed
by
Factions
,
but
by
the
course
of
a
Series
of
Parliaments
,
that
mightily
laboured
against
Faction
,
and
unworthy
ends
and
aims
;
that
man
who
shall
determine
the
same
to
be
unjust
or
indiscreet
,
should
himself
first
be
determined
to
be
very
just
,
and
exceeding
wise
.
Nor
was
the
Parliament
partial
in
all
this
;
but
being
in
a
way
of
Reformation
,
it
set
upon
the
work
of
reforming
it self
.
Some
that
are
very
zealous
in
the
point
of
Arbitrary
and
Absolute
Government
of
Kings
in
this
Nation
,
and
in
all
other
,
amongst
other
grounds
rest
upon
this
one
,
That
an
English
King
hath
power
to
call
Parliaments
,
and
dissolve
them
;
to
make
and
unmake
Members
as
he
shall
please
.
I
do
easily
grant
,
that
Kings
have
many
Occasions
and
Opportunities
to
beguile
their
People
;
yet
can
they
do
nothing
as
Kings
,
but
what
of
right
they
ought
to
do
.
They
may
call
Parliaments
,
but
neither
as
often
or
seldom
as
they
please
,
if
the
Statue-Laws
of
this
Realm
might
take
place
.
Nor
if
they
could
,
is
that
power
necessarily
and
absolutely
arising
from
Supremacy
;
seeing
it
is
well
known
that
such
power
is
betrusted
by
the
Superiour
States
in
other
Nations
,
to
the
Inferiour
,
who
dayly
attend
on
publick
Affairs
;
and
therefore
can
discern
when
the
general
Conventions
are
most
necessary
.
As
touching
the
dissolving
of
Parliaments
against
the
wills
of
the
Houses
,
it
is
true
that
sad
precedents
have
been
of
later
times
in
that
kind
;
and
so
for
want
of
due
attendance
,
Parliaments
have
been
enforced
to
adjourn
,
to
prevent
a
worse
inconvenience
:
but
these
are
infirmities
better
buried
in
silence
,
than
produced
as
Arguments
of
power
;
seeing
it
is
evident
that
Kings
themselves
were
no
greater
gainers
thereby
,
than
an
angry
man
is
by
his
passions
.
It
is
true
al●o
,
that
Kings
may
make
Lords
and
Corporations
that
may
send
their
Burgesses
to
the
Parliament
;
and
thus
the
King
may
make
as
many
as
he
will
,
(
as
the
Pope
did
with
the
Bishops
in
the
Council
of
Trent
)
yet
cannot
he
unmake
them
when
he
pleases
,
nor
take
the
Members
from
the
Parliament
,
without
attainder
and
forfeiture
,
according
to
the
known
Law.
Neither
can
all
these
Instances
prove
,
that
the
Kings
of
England
have
the
sole
and
supreme
power
over
the
Parliament
:
Nor
did
the
Parliament
in
these
times
allow
of
any
such
Authority
,
and
therefore
proceeded
for
the
reforming
of
themselves
by
themselves
,
in
many
particulars
,
as
the
Statutes
do
hold
forth
.
And
first
in
the
point
of
Elections
,
(
for
an
errour
in
that
,
is
like
an
errour
in
the
first
Concoction
,
That
in
full
Court
,
between
the
hours
of
eight
and
nine
in
the
morning
,
Proclamation
shall
be
made
of
the
day
and
place
of
the
Parliament
.
That
the
Suters
duly
summoned
,
and
others
there
present
,
shall
then
proceed
to
the
Elections
;
notwithstanding
any
Prayer
or
Commandment
to
the
contrary
.
That
the
names
of
the
persons
elected
(
whether
present
or
absent
they
be
)
shall
be
returned
by
Indenture
between
the
Sheriff
and
the
Elizors
;
and
that
a
Clause
to
that
end
shall
be
added
to
the
Writ
of
Summons
.
This
was
enough
to
make
the
Sheriff
understand
,
one
hundred
pound
is
by
other
Laws
imposed
upon
him
,
years
imprisonment
without
Baibor
Mainprise
,
besides
damages
for
false
return
in
such
cases
;
and
the
party
so
unduly
returned
,
fined
,
and
deprived
of
all
the
Wages
for
his
service
.
Thus
the
manner
of
Election
is
reduced
;
but
the
persons
are
more
considerable
:
for
hitherto
any
man
of
English
bloud
promiscuously
had
right
to
give
or
receive
a
Vote
,
although
his
Residency
were
over
the
wide
World.
But
the
Parliament
in
the
time
of
Henry
the
Fifth
,
That
no
person
must
serve
for
any
City
or
Burrough
,
nor
give
vote
in
Electing
such
as
shall
serve
for
that
Town
,
unless
they
be
both
free
,
and
resiants
within
that
City
or
Burrough
:
A
Law
no
less
wholsom
than
seasonable
.
For
the
times
of
Henry
the
Fourth
had
taught
men
to
know
by
experience
,
That
a
King
that
hath
Souldiers
scattered
over
the
Kingdom
,
can
easily
sway
the
County-courts
,
and
make
Parliaments
for
their
own
Tooth
.
Yet
this
was
not
enough
;
for
all
Elizors
,
though
of
the
meanest
sort
,
yet
are
still
able
to
do
as
much
hurt
with
their
Vote
,
as
those
of
the
best
sort
,
both
for
wisdom
and
publick
mind
,
can
do
good
by
theirs
.
This
made
Elections
much
subject
to
parties
and
confusions
,
and
rendred
the
Parliament
much
less
considerable
.
A
remedy
hereunto
is
provided
,
in
the
minority
of
Henry
the
Sixth
,
viz.
That
no
man
should
give
his
Vote
in
Elections
in
the
County
,
unless
he
hath
forty
shillings
yearly
in
free
Lands
or
Tenements
;
and
this
is
to
be
testified
upon
Oath
of
the
party
.
And
more
plainly
it
is
orderded
,
(
within
two
years
after
)
that
each
Elizor
shall
have
Frank-Tenement
of
that
value
within
the
same
County
.
And
thus
the
Free-men
yielded
up
their
liberty
of
Election
to
the
Free-holders
,
For
first
,
These
times
were
no
times
for
any
great
measure
of
Civility
:
The
Preface
of
the
Statute
shews
,
That
the
meanest
held
himself
as
good
a
man
,
as
the
greatest
in
the
Country
;
and
this
tended
to
Parties
,
Tumults
,
and
Bloudshed
.
Secondly
,
Where
the
Multitude
prevail
,
the
meaner
sort
are
upon
the
upper
hand
;
and
these
(
generally
ignorant
)
cannot
judge
of
persons
nor
times
,
but
being
for
the
most
part
led
by
Faction
or
Affection
,
rather
than
by
right
Understanding
,
make
their
Elections
;
and
thereby
the
general
Council
of
this
Nation
,
less
generous
and
noble
.
Thirdly
,
There
is
no
less
equity
in
the
change
,
than
policy
:
For
what
can
be
more
reasonable
,
than
that
those
men
onely
should
have
their
Votes
in
Election
of
the
Common-Council
of
the
Kindom
,
whose
Estates
are
chargeable
with
the
publick
Taxes
and
Assessments
,
and
with
the
Wages
of
those
persons
that
are
chosen
for
the
publick
Service
.
But
above
all
the
rest
,
this
advancing
of
the
Free-holders
in
this
manner
of
Election
,
was
beneficial
to
the
Free-men
of
England
,
although
perchance
they
considered
not
thereof
;
and
this
will
more
clearly
appear
,
in
the
consideration
of
these
three
particulars
.
First
,
It
abated
the
power
of
the
Lords
and
great
Men
,
who
held
the
inferiour
sort
at
their
Devotion
,
and
much
of
what
they
had
by
their
Vote
.
Secondly
,
It
rendred
the
Body
of
the
People
more
brave
;
for
the
advancing
of
the
Free-holder
above
the
Free-man
,
raiseth
the
spirit
of
the
meaner
sort
to
publick
regards
,
and
(
under
a
kind
of
Ambition
)
to
aspire
unto
the
degree
of
a
Free-holder
,
that
they
may
be
somewhat
in
the
Commonwealth
.
And
thus
leaving
the
meanest
rank
sifted
to
the
very
bran
,
they
become
less
considerable
,
and
more
subject
to
the
Coercive
power
,
whilst
in
the
mean
time
the
Free-holder
,
now
advanced
unto
the
degree
of
a
Yeoman
,
becomes
no
less
careful
to
maintain
correspondency
with
the
Laws
,
than
he
was
industrious
in
the
attaining
of
his
degree
.
Thirdly
,
But
this
means
now
the
Law
makes
a
separation
of
the
inferiour
Clergie
and
Cloistered
people
,
from
this
service
,
wherein
they
might
serve
particular
ends
much
,
but
Rome
much
more
.
For
nothing
appeareth
,
but
that
these
dead
persons
in
Law
,
were
nevertheless
Free-men
in
Fact
,
and
lost
not
the
liberty
of
their
Birth-right
by
entring
into
Religion
,
to
become
thereby
either
Bond
,
or
no
Free
Members
of
the
people
of
England
.
Lastly
,
Knights
,
Esquires
,
or
Gentlemen
of
the
County
;
which
tacitly
implies
,
that
it
was
too
common
to
advance
those
of
the
meaner
sort
.
Whether
by
reason
of
the
former
wasting
times
,
Knights
and
Esquires
were
grown
scant
in
number
,
or
(
by
reason
of
their
rudeness
)
in
account
;
or
it
may
be
the
Yeomanry
grew
now
to
feel
their
strength
,
and
meant
not
to
be
further
Underlings
to
the
great
Men
,
than
they
are
to
their
Feathers
,
to
wear
them
no
longer
than
they
will
make
them
brave
.
Secondly
,
the
person
thus
agreed
upon
,
his
Entertainment
must
be
accordingly
;
CHAP.
XV.
Of
the
Custos
,
or
,
Protector
Regni
.
KIngs
,
though
they
have
vast
Dimensions
,
yet
are
not
infinite
,
nor
greater
than
the
bounds
of
one
Kingdom
;
wherein
,
if
present
,
they
are
in
all
places
present
;
if
otherwise
,
they
are
like
the
Sun
gone
down
,
and
must
rule
by
reflexion
,
as
the
Moon
in
the
night
.
In
a
mixt
Commonwealth
they
are
integral
Members
,
and
therefore
regularly
must
act
Per
deputatum
,
when
their
persons
are
absent
in
another
Legialty
,
and
cannot
act
Per
se
:
Partly
because
their
Lustre
is
somewhat
eclipsed
by
another
Horizon
;
and
partly
by
common
intendment
they
cannot
take
notice
of
things
done
in
their
absence
.
It
hath
therefore
been
the
ancient
course
of
Kings
of
this
Nation
,
to
constitute
Vice-gerents
in
their
absence
,
giving
them
several
Titles
,
and
several
Powers
,
according
as
the
necessity
of
Affairs
required
.
Sometimes
they
are
called
Lord
Warden
,
or
Lord
Keeper
of
the
Kingdom
,
and
have
therewith
the
gegeral
power
of
a
King
;
John
Warren
Earl
of
Surrey
,
appointed
thereunto
by
Edward
the
First
,
who
had
not
onely
power
to
command
,
but
to
grant
;
and
this
power
extended
both
to
England
and
Scotland
.
And
Peter
Gaveston
(
though
a
Foreigner
)
had
the
like
power
given
him
by
Edward
the
Second
over
England
,
to
the
reproach
of
the
English
Nobility
;
Lieutenant
general
in
an
Army
.
And
thus
Richard
the
Second
made
Edmund
Duke
of
York
his
Lieutenant
of
the
Kingdom
of
England
,
to
oppose
the
entry
of
the
Duke
of
Hertford
(
afterwards
called
Henry
the
Fourth
)
into
England
,
during
the
King's
absence
in
Ireland
.
And
in
the
mean
while
the
other
part
of
the
Royalty
which
concerned
the
Revenues
of
the
Crown
,
was
betrusted
to
the
Earl
of
Wiltshire
,
Sir
John
Bush
,
Sir
James
Baggot
,
and
Sir
Henry
Green
,
unto
whom
(
men
say
)
The
King
put
his
Kingdom
to
farm
.
But
more
ordinarily
the
Kings
power
was
delegated
unto
one
,
under
both
the
Titles
of
Lord
Guardian
of
the
Kingdom
,
and
Lieutenant
within
the
same
;
such
was
the
Title
of
Henry
Lacy
Earl
of
Lincoln
,
and
of
Gilbert
de
Clare
Earl
of
Gloucester
,
Audomar
de
Valentia
Earl
of
Pembrooke
;
all
of
them
at
several
times
so
constituted
by
Edward
the
Second
,
as
by
the
Patent-Rolls
appeareth
.
So
likewise
did
Edward
the
Third
make
his
Brother
John
of
Eltham
twice
,
and
the
Black
Prince
thrice
,
and
Lionel
Duke
of
Clarence
,
and
his
Brother
Thomas
,
each
of
them
once
,
in
the
several
passages
of
Edward
the
Third
beyond
the
Sea
,
in
the
third
,
fifth
,
twelfth
,
fourteenth
,
sixteenth
,
sway
the
Scepter
,
but
not
to
wear
the
Crown
.
And
therefore
in
the
minority
of
Henry
the
Sixth
,
whenas
the
Government
was
ordered
by
the
Parliament
,
and
to
that
end
a
Protector
was
made
,
and
he
well
guarded
with
a
Privy
Council
,
and
they
provided
with
Instructions
;
one
of
them
was
,
That
in
all
matters
not
to
be
transacted
ordinarily
but
by
the
King
's
express
consent
,
the
Privy
Council
should
advise
with
the
Protector
:
But
this
is
not
so
needful
,
in
regard
that
it
concerneth
the
power
of
executing
of
Laws
,
which
by
right
of
the
liberty
of
the
Subject
,
is
the
known
duty
of
the
Scepter
,
in
whose
hands
soever
it
is
holden
.
And
therefore
I
shall
pass
to
the
Legislative
Power
,
wherein
it
is
evident
that
the
Protector's
power
was
no
whit
inferiour
to
the
King's
power
.
For
First
,
the
Protector
,
Ex
Officio
,
by
advice
of
the
Council
,
did
summon
Parliaments
by
Writs
,
even
as
the
Kings
themselves
,
under
their
own
Test
;
and
if
they
did
not
bear
the
Royal
Assent
,
yet
did
they
direct
the
same
,
and
received
Petitions
in
Parliament
to
them
directed
as
to
Kings
,
and
every
way
supplied
the
room
of
a
King
,
in
order
to
the
perfecting
,
publishing
,
and
enforcing
of
Law
to
Execution
.
Secondly
,
the
Parliaments
holden
by
Protectors
,
and
Laws
therein
made
,
are
no
whit
inferiour
to
those
by
the
King
,
whether
for
Honour
or
Power
.
And
therefore
if
a
Parliament
be
holden
by
the
Lord
Warden
,
and
sitting
the
Parliament
the
King
in
person
shall
arrive
,
and
be
there
present
,
neither
is
the
Parliament
interrupted
thereby
,
nor
the
power
thereof
changed
at
all
;
though
the
power
and
place
of
the
Wardenship
of
the
Kingdom
doth
utterly
vanish
by
the
personal
access
of
the
King
:
because
in
all
places
where
the
King
is
subservient
to
the
Kingdom
or
the
Commonwealth
,
the
Lord
Warden
in
his
absence
is
conservient
unto
him
,
being
in
his
stead
,
and
not
under
him
;
for
the
very
place
supposeth
him
as
not
,
because
not
present
.
And
this
was
by
a
Law
declaratively
published
at
such
time
as
Henry
the
Fifth
was
Regent
of
France
;
Black
Prince
,
upon
several
occasions
,
three
times
Lord-Warden
of
the
Kingdom
;
once
,
he
being
about
Nine
years
old
;
and
again
,
when
he
was
Eleven
years
old
;
and
once
,
when
about
Fourteen
years
old
.
Lastly
,
Edward
the
Third
appointed
his
Son
Lionel
Duke
of
Clarence
unto
this
place
of
Custos
Regni
,
when
as
he
was
scarce
Eight
years
old
;
all
which
will
appear
upon
the
comparing
their
Ages
with
the
several
Rolls
of
25
E.
1.
&
3
,
5
,
12
,
14
,
26.
19
E.
3.
If
therefore
the
work
of
a
Custos
Regni
be
such
as
may
be
as
well
done
by
the
Infants
of
Kings
,
as
by
the
wisest
Counsellor
,
or
most
valiant
man
,
it
is
,
in
my
opinion
,
manifest
,
that
the
place
is
of
little
other
use
to
this
Commonwealth
,
than
to
serve
as
an
attire
to
a
comely
person
,
to
make
it
seem
more
fair
because
it
is
in
fashion
;
nor
doth
it
advance
the
value
of
a
King
one
grain
above
what
his
Personal
endowments
do
deserve
.
Hitherto
of
the
Title
and
Power
;
the
next
consideration
will
be
,
of
the
original
Fountain
from
whence
it
is
derived
;
wherein
the
Precedents
are
clear
and
plain
,
that
ordinarily
they
are
the
next
and
immediate
Off-spring
of
Kings
,
if
they
be
present
within
the
four
Seas
,
to
be
by
them
enabled
by
Letters-Patents
or
Commission
.
But
whether
present
or
absent
,
the
Parliament
when
it
sate
did
ever
peruse
their
Authority
;
and
if
it
saw
need
,
changed
,
enlarged
,
or
abridged
both
it
and
them
.
Thus
was
the
Duke
of
Gloucester
made
Lord
Warden
in
the
time
of
Henry
the
Fifth
,
(
he
being
then
in
France
)
in
the
room
of
the
Duke
of
Bedford
.
The
like
also
in
Henry
the
Sixth's
time
,
when
as
the
King
was
young
:
for
then
the
Parliament
made
the
Duke
of
Bedford
Lord
Warden
,
and
added
unto
that
Title
the
Title
of
Protector
.
Afterward
,
at
the
Duke's
going
over
into
France
,
they
committed
that
service
to
the
Duke
of
Gloucester
(
if
I
forget
not
the
nature
of
the
Roll
)
during
the
Duke
of
Bedford's
absence
,
and
with
a
Salvo
of
his
right
.
Not
unlike
hereunto
was
the
course
that
was
taken
by
the
Parliament
in
these
sullen
later
times
of
Henry
the
Sixth
;
whereof
more
hereafter
in
the
next
Paragraph
.
Lastly
,
The
limitation
of
this
high
power
and
Title
,
is
different
according
to
the
occasion
;
for
the
Guardianship
of
the
Kingdom
by
common
intendment
,
is
to
endure
no
longer
than
the
King
is
absent
from
the
Helm
,
either
by
voluntary
deserting
the
work
,
or
employment
in
Foreign
parts
,
though
united
they
be
under
the
Government
of
the
same
King
,
together
with
this
Nation
,
such
as
are
these
parts
of
France
,
Ireland
,
and
Scotland
,
then
under
the
English
Fee.
This
is
apparent
from
the
nature
of
the
Statute
of
Henry
the
Fifth
formerly
mentioned
:
for
if
there
was
need
to
provide
by
that
Statute
that
the
Kings
arrival
and
personal
presence
should
not
dissolve
the
Parliament
assembled
by
the
authority
of
the
Custos
Regni
,
then
doth
it
imply
,
that
the
personal
presence
of
the
King
,
by
and
upon
his
arrival
,
had
otherwise
determined
the
Parliament
,
and
that
Authority
whereby
it
sate
.
But
the
Precedents
are
more
clear
,
all
of
them
generally
running
in
these
or
the
like
words
,
In
absentia
Regis
,
or
Quamdiu
Rex
fuerit
in
partibus
transmarinis
.
It
is
also
to
be
granted
,
that
the
King's
will
is
many
times
subjoyned
thereunto
,
as
if
it
were
in
him
to
displace
them
,
and
place
others
in
his
absence
:
yet
do
I
find
no
Precedent
of
any
such
nature
,
without
the
concurrence
of
the
Lords
or
Parliament
;
and
yet
that
the
Parliament
hath
ordered
such
things
without
his
consent
.
For
when
Richard
the
First
,
passing
to
the
Holy
Land
,
had
left
the
Bishop
of
Ely
to
execute
that
place
during
his
absence
in
remote
parts
;
the
Lords
finding
the
Bishop
unfaithful
in
his
Charge
,
excluded
him
both
from
that
place
and
Kingdom
,
and
made
the
King's
Brother
John
,
Lord
Warden
in
his
stead
.
But
in
the
Case
of
the
Protectorship
,
which
supposeth
disability
in
the
person
of
the
King
,
the
same
by
common
intendment
is
to
continue
during
the
King's
disability
;
and
therefore
in
the
Case
of
Henry
the
Sixth
,
it
was
determined
,
default
of
Age
is
not
the
onely
incapacity
of
Kings
;
they
have
infirmities
as
other
men
,
yea
more
dangerous
than
any
other
man
;
which
though
an
unpleasant
Tune
it
be
to
harp
upon
,
yet
it
is
a
Theam
that
Nations
sometimes
are
enforced
to
ruminate
upon
,
when
God
will
give
them
Kings
in
his
Wrath
,
and
give
those
also
over
to
their
own
lusts
in
his
Anger
.
In
such
cases
therefore
this
Nation
sometimes
have
fled
to
the
refuge
of
a
Protector
;
and
seldom
it
is
that
they
can
determine
for
how
long
.
When
Henry
the
Sixth
was
above
Thirty
years
old
,
Richard
Duke
of
York
was
made
Protector
,
and
Defender
of
the
Realm
,
and
of
the
Church
.
It
was
done
(
if
the
Record
saith
true
)
by
the
King
himself
,
Authoritate
Parliamenti
.
It
was
further
provided
by
the
Parliament
,
that
though
this
was
to
continue
Quamdiu
Regi
placuerit
,
yet
the
Duke
should
hold
that
place
till
the
Kings
Son
Edward
should
come
to
years
of
discretion
,
and
shall
declare
that
he
will
take
that
place
upon
himself
.
The
ground
hereof
is
said
to
be
,
The
Conclusion
of
all
that
hath
been
said
concerning
this
Title
,
is
double
:
One
,
that
both
the
Custos
Regni
,
and
Protector
,
are
not
subsistent
,
but
consistent
with
that
of
a
King
,
because
it
supposes
a
King
under
incapacity
.
Secondly
,
That
they
tend
to
teach
the
people
a
necessity
of
having
one
Chief
,
although
it
may
,
in
truth
,
seem
to
be
but
a
trick
of
State
;
like
some
pretty
carved
Cherubims
in
the
Roof
of
a
Building
,
that
do
seem
to
bear
it
up
,
whenas
,
in
truth
,
it
is
the
Pillars
that
support
both
it
and
them
.
CHAP.
XVI
.
Concerning
the
Privy-Council
.
NAtions
do
meet
with
their
Exigences
,
as
well
as
persons
;
and
in
such
condition
,
resolutions
taken
up
by
sudden
conceit
,
are
many
times
more
effectual
than
more
mature
deliberations
;
which
require
more
time
in
composing
,
are
more
slow
in
conclusion
,
let
slip
opportunities
,
and
fall
short
of
expectation
in
the
end
.
Such
are
the
ways
of
debate
in
the
Grand
Representative
of
the
Kingdom
.
Add
hereunto
,
that
in
putting
the
Laws
in
execution
,
greater
discretion
is
required
than
can
enter
into
the
head
of
any
one
man
,
and
greater
speed
than
can
stand
with
debate
amongst
many
.
And
therefore
it
is
beyond
all
doubt
,
that
the
Conventicles
of
Council
are
no
less
necessary
in
their
degree
,
than
the
Assembly
of
the
Estates
of
this
Nation
in
their
Grand
Convention
.
Yet
with
this
Caveat
,
that
one
Genius
may
move
in
both
;
for
otherwise
the
motions
of
Government
must
needs
be
inconstant
,
inconsistent
,
and
like
that
of
an
Hypocrite
,
one
way
abroad
,
another
way
at
home
;
neither
comfortable
to
it self
,
nor
confiding
to
others
.
And
therefore
cannot
these
Privateer-Councils
,
by
any
proportion
of
Reason
,
be
better
constituted
,
than
by
the
Representative
it self
,
that
it
may
be
a
Creature
made
in
its
own
Image
,
one
and
the
same
with
the
Image
of
the
maker
.
This
was
the
wisdom
and
the
practice
of
these
times
,
Neither
was
this
sufficient
:
for
the
Parliament
looked
upon
themselves
as
a
body
that
sometimes
must
retire
to
rest
;
and
upon
the
Privy
Council
,
as
Watch-men
subject
to
change
;
and
therefore
they
not
onely
give
them
instructions
,
That
they
should
hold
no
pleas
before
them
,
that
is
to
say
,
at
the
Council-Table
,
or
at
the
Privy
Council
;
nor
before
any
of
them
,
unless
as
Judges
in
the
Chancery
,
Privy
Council
in
Cases
of
Judicature
in
the
Star-chamber
formerly
,
are
now
reduced
.
The
second
rule
was
this
,
That
no
dispatches
should
be
made
at
the
Council-Table
of
any
matters
there
agitated
,
Privy
Council
together
,
and
to
present
them
joyntly
before
God
,
by
an
Oath
,
obliging
themselves
to
a
solemn
and
constant
observance
of
their
instructions
,
The
Privy
Council
thus
setled
,
dressed
,
and
girt
,
becomes
of
high
esteem
,
both
for
Trust
and
honourable
Employment
in
great
matters
.
The
Mint
is
the
very
Liver
of
the
Nation
,
and
was
wont
to
be
the
chief
care
of
the
Parliament
it self
in
all
the
dimensions
thereof
.
Now
the
Mint
is
two
ways
considered
,
viz.
either
in
the
value
of
the
Metal
and
Money
,
or
in
the
Coinage
.
The
first
of
these
,
and
things
most
immediately
concurring
therewith
,
the
Parliament
still
retains
to
its
own
immediate
Survey
;
such
as
are
the
inhibiting
of
exportation
of
Gold
and
Silver
,
and
of
melting
of
Coyn
into
Plate
or
Bullion
;
the
regulating
of
the
current
of
Foreign
Coyn
,
the
reducing
of
money
,
both
Foreign
and
Domestick
,
imbased
by
Counterfacture
,
Clipping
,
Washing
,
&c.
the
regulating
of
Allay
of
Gold
and
Silver
;
the
regulating
Exchange
,
and
such
like
:
concerning
all
which
,
the
Reader
may
please
to
peruse
the
Statutes
2
H.
4.
cap.
5
,
6
,
11
,
13.
4
H.
4.
cap.
16.
3
H.
5.
Stat
,
1.
&
4.
cap.
6.
&
9.
cap.
11.
and
2
H.
6.
cap.
6.
The
second
Consideration
touching
the
Mint
,
A
second
power
given
to
the
Privy
Council
,
was
in
point
of
Trade
and
Merchandize
:
Formerly
they
had
somewhat
to
do
therein
,
but
still
the
Parliament
set
out
their
bounds
.
In
Richard
the
Second's
time
,
the
people
had
liberty
of
Trade
in
some
Commodities
by
way
of
Exportation
,
but
the
Privy
Council
might
restrain
them
upon
inconvenience
to
the
publick
.
Now
the
same
is
confirmed
;
A
third
power
given
to
the
Privy
Council
,
was
a
power
of
Summons
and
Process
against
Delinquents
in
cases
of
Riots
,
Extortions
,
Oppressions
,
and
grievous
Offences
.
Privy
Council
to
the
question
.
First
,
It
saveth
the
Jurisdiction
of
other
Courts
,
and
provideth
further
,
That
no
matter
determinable
by
the
Law
of
this
Realm
,
shall
be
by
this
Act
determined
in
other
form
than
after
the
course
of
the
same
Law
in
the
Kings
Court
,
having
determination
of
the
same
:
which
implieth
,
that
some
kinds
of
Riots
and
Extortions
are
of
so
high
a
nature
,
that
though
determinable
in
the
Kings●Court
,
yet
are
they
to
be
determined
before
the
Lords
.
In
the
next
place
this
Law
provideth
,
That
such
offences
as
are
determinable
by
the
Law
of
the
Realm
,
that
is
by
Jury
,
shall
still
be
so
tried
.
Secondly
,
Lastly
,
If
the
Certificate
be
traversed
,
then
the
same
shall
be
tried
in
the
King
's
Bench.
But
there
is
another
Restriction
that
undoeth
all
in
effect
in
point
of
right
;
because
what
this
Law
setleth
therein
,
it
setleth
but
for
seven
years
,
and
leaveth
the
Privy
Council
to
the
limits
of
the
Common
Law
for
the
future
.
In
the
mean
time
,
the
Privy
Council
may
be
thought
terrible
,
and
very
high
,
both
by
this
Law
,
and
the
greatness
of
the
Lords
.
Kings
Unkles
,
and
Kings
Brothers
,
are
Subjects
indeed
,
but
of
so
high
a
degree
,
that
if
a
little
goodness
of
nature
,
or
publick
spirit
shine
in
them
,
they
soon
become
the
Objects
of
admiration
from
the
Vulgar
,
and
gain
more
from
them
by
their
vicinity
,
than
the
King
can
do
at
a
distance
.
For
the
Commons
of
England
,
by
the
fair
demeanour
of
popular
great
men
,
are
soon
won
out
of
their
very
Cloaths
;
and
are
never
more
in
danger
to
part
with
their
Liberties
,
than
when
the
Heaven
is
fair
above
their
heads
,
and
the
Nobility
serve
the
King
,
and
flatter
them
.
Nevertheless
,
as
I
said
,
the
season
must
also
be
considered
of
this
power
thus
by
this
Law
contracted
:
for
what
the
Lords
gained
not
by
their
popularity
,
the
Queen
did
with
her
power
;
who
now
,
mindful
of
her
contemned
beauty
,
and
opposition
from
the
Duke
of
Gloucester
against
her
Marriage
,
removes
him
out
of
the
way
,
gets
the
reins
of
Government
into
her
hand
,
and
like
a
Woman
drives
on
in
full
career
.
The
Duke
of
York
,
and
other
Lords
,
not
liking
this
gallop
,
endeavour
to
stop
her
pace
;
but
are
all
over-born
,
the
Duke
taken
prisoner
;
and
doubtless
had
pledged
the
Duke
of
Gloucester
,
but
that
the
Heir
apparent
of
the
House
of
York
steps
in
to
rescue
.
And
new
troubles
arise
in
Gascoign
;
to
put
an
end
to
which
,
the
Queens
party
gains
,
and
takes
the
Duke
of
York's
word
for
his
good
behaviour
;
gets
this
Law
to
pass
,
expecting
hereby
,
if
not
a
full
settlement
at
home
,
yet
at
least
a
respit
to
prevent
dangers
from
abroad
during
the
present
exigency
.
And
thus
upon
the
whole
matter
the
Lords
and
Privy
Council
are
mounted
up
by
the
Commons
to
their
own
mischief
.
CHAP.
XVII
.
Of
the
Clergie
,
and
Church-Government
,
during
these
times
.
IT
was
no
new
thing
in
the
World
,
for
Princes
of
a
wounded
Title
to
go
to
the
Church-men
for
a
Plaister
;
and
they
are
ready
enough
to
sing
a
Requiem
,
so
as
they
may
be
the
gainers
.
The
Princes
therefore
of
the
House
of
Lancaster
had
offended
against
common
sence
,
if
they
had
not
done
the
like
themselves
,
being
not
onely
guilty
in
their
Title
,
but
also
by
a
secret
Providence
drawn
into
one
interest
together
with
the
Church-men
to
support
each
other
.
For
Henry
the
Fourth
and
Archbishop
Arundel
meeting
together
under
one
condition
of
Banishment
,
become
Consorts
in
sufferings
,
and
Consorts
in
honour
:
for
Society
begotten
in
trouble
is
nourished
in
prosperity
,
by
remembrance
of
mutual
kindnesses
in
a
necessitous
estate
;
which
commonly
are
the
more
hearty
,
and
more
sensible
,
by
how
much
other
contentments
are
more
scant
.
But
the
Archbishop
had
yet
a
further
advantage
upon
the
Heart
of
Henry
the
Fourth
;
though
he
was
no
man
of
power
,
yet
he
was
of
great
interest
;
exceedingly
beloved
of
the
English
Clergie
,
and
the
more
for
his
Banishment-sake
.
Now
whatsoever
he
is
,
or
hath
,
is
the
Kings
,
and
the
King
is
his
;
the
sweet
influence
of
the
Archbishop
and
the
Clergie
enters
into
his
very
Soul
;
they
are
his
dearly
beloved
for
the
great
natural
love
(
as
he
says
to
the
World
)
they
bear
to
him
:
what
he
could
he
got
,
what
he
got
he
gave
to
the
Church
.
Thus
the
Family
of
Lancaster
becoming
a
mighty
support
unto
the
Clergie
,
Roman
as
it
was
,
they
also
became
as
stout
maintainers
of
the
crackt
Title
of
that
younger
House
.
So
was
fulfilled
the
old
Prophecie
of
the
Oyl
given
to
Henry
the
First
Duke
of
Lancaster
,
wherewith
Henry
the
Fourth
was
anointed
,
That
Kings
anointed
with
that
Oyl
,
should
be
the
Champions
of
the
Church
.
Now
for
the
more
particular
clearing
of
this
,
we
are
to
consider
the
Church
absolutely
,
or
in
relation
to
the
Political
Government
of
the
people
.
Concerning
the
latter
,
many
things
did
befal
that
were
of
a
different
piece
to
the
rest
,
in
regard
that
the
Lords
for
the
most
part
were
for
the
Clergie
,
and
they
for
themselves
;
but
the
Commons
began
to
be
so
well
savoured
with
Wickliff's
way
,
that
they
begin
to
bid
defiance
at
the
Clergies
self-ends
and
aims
:
and
because
they
could
not
reach
their
Heads
,
they
drive
home
blows
at
their
Legs
.
A
Parliament
is
called
;
and
because
the
King
had
heard
somewhat
,
feared
that
the
people
were
more
learned
than
was
meet
for
his
purpose
,
and
that
the
Parliament
should
be
too
wise
;
he
therefore
will
have
a
Parliament
wherein
the
people
should
have
no
more
Religion
than
to
believe
;
nor
Learning
,
than
to
understand
his
Sence
;
nor
Wisdom
,
than
to
take
heed
of
a
Negative
Vote
.
But
it
befel
otherwise
:
for
though
it
was
called
the
Lack-learning
Parliament
,
yet
had
it
skill
enough
to
discern
the
Clergies
inside
,
and
Resolution
enough
to
enter
a
second
claim
against
the
Clergies
Temporalties
;
and
taught
the
King
a
Lesson
,
That
the
least
understanding
Parliaments
are
not
the
best
for
his
purpose
.
For
though
the
wisest
Parliaments
have
the
strongest
sight
,
and
can
see
further
than
the
King
would
have
them
,
yet
they
have
also
so
much
wisdom
as
to
look
to
their
own
skins
,
and
commonly
are
not
so
venturous
as
to
tell
all
the
world
what
they
know
,
or
to
act
too
much
of
that
which
they
do
understand
.
But
this
Parliament
,
whether
wise
or
unwise
,
spake
loud
of
the
Clergies
superfluous
Riches
;
and
the
Kings
wants
are
parallel'd
therewith
;
and
that
the
Church-men
may
well
spare
enough
to
maintain
Fifteen
Earls
,
Fifteen
hundred
Knights
,
Six
thousand
two
hundred
Esquires
,
and
one
hundred
Hospitals
more
than
were
in
his
Kingdom
.
This
was
a
strong
temptation
to
a
needy
and
couragious
Prince
;
but
the
Archbishop
was
at
his
Elbow
.
The
King
tells
the
Commons
that
the
Norman
and
French
Cells
were
in
his
Predecessor's
time
seized
under
this
colour
,
yet
the
Crown
was
not
the
richer
thereby
;
he
therefore
resolves
rather
to
add
to
,
than
diminish
any
thing
from
,
the
maintenance
of
the
Clergie
.
Thus
,
as
the
King
said
,
he
did
,
though
he
made
bold
with
the
Keys
of
St.
Peter
;
for
he
could
distinguish
between
his
own
Clergie
and
the
Roman
.
The
people
are
herewith
put
to
silence
,
yet
harbour
sad
conceits
of
the
Clergie
against
a
future
time
;
which
like
a
hidden
fire
,
are
not
onely
preserved
,
but
encreased
by
continual
occasions
;
and
more
principally
from
the
zeal
of
the
Clergie
,
now
growing
fiery
hot
against
the
Lollards
.
For
that
not
onely
the
people
,
but
the
Nobles
,
yea
,
some
of
the
Royal
Bloud
,
were
not
altogether
estranged
from
this
new
old
way
;
whether
it
was
sucked
from
their
Grandfather
Duke
John
,
or
from
a
popular
strain
,
of
which
that
House
of
Lancaster
had
much
experience
,
I
determine
not
.
These
were
the
Dukes
of
Bedford
and
Gloucester
.
Bedford
was
first
at
the
helm
of
affairs
at
home
,
whilst
the
King
acted
the
Souldiers
part
in
France
,
as
ill
conceited
of
by
the
Clergie
,
as
they
slighted
by
him
.
At
a
Convocation
once
assembled
against
the
Lollards
,
the
Duke
sent
unto
their
Assembly
his
Dwarf
,
as
a
great
Lollard
,
though
he
was
a
little
man
;
and
he
returned
as
he
went
,
even
as
Catholick
as
any
of
them
all
;
Non
tam
despectus
à
Clero
,
quam
ipse
Clerum
despiciens
atque
eludens
.
This
,
That
he
would
as
well
lay
aside
his
own
Crown
,
as
allow
the
Bishop
to
take
the
Hat.
Nor
was
he
much
trusted
by
the
Clergie
,
who
were
willing
he
should
rather
engage
in
the
Wars
with
France
,
than
mind
the
Proposals
of
the
Commons
concerning
the
Clergies
Temporalties
;
which
also
was
renewed
in
the
Parliament
in
his
days
.
Above
all
,
as
the
Lancastrian
House
loved
to
look
to
its
own
;
so
especially
in
relation
to
Rome
,
they
were
the
more
jealous
,
by
how
much
it
pretended
upon
them
for
its
favour
done
to
their
House
.
And
therefore
Henry
the
Fourth
,
the
most
obliged
of
all
the
rest
,
looked
to
the
Provisors
more
strictly
than
his
Predecessors
had
;
and
not
onely
confirmed
all
the
Statutes
concerning
the
same
already
made
,
And
thus
the
English
Kings
were
Servants
to
the
Church
of
England
at
the
charges
of
Rome
,
whilst
the
Popedome
being
now
under
a
wasting
and
devouring
Schism
,
was
unable
to
help
it self
;
and
so
continued
until
the
time
of
Henry
the
Sixth
,
at
which
time
the
Clergie
of
England
got
it self
under
the
power
and
shadow
of
a
Protector
,
a
kind
of
Creature
made
up
by
a
Pope
and
a
King.
This
was
the
Bishop
of
Winchester
,
so
great
a
man
,
both
for
Birth
,
parts
of
Nature
,
Riches
,
Spirit
,
and
Place
,
as
none
before
him
ever
had
the
like
:
For
he
was
both
Cardinal
,
Legate
,
and
Chancellor
of
England
,
and
had
gotten
to
his
aid
the
Bishop
of
Bath
to
be
Lord
Treasurer
of
England
.
Now
comes
the
matter
concerning
Provisors
once
more
to
be
revived
.
First
,
More
craftily
by
colloguing
with
the
Nobility
,
who
now
had
the
sway
in
the
Kings
Minority
;
but
they
would
none
.
An
answer
is
given
by
the
King
,
that
he
was
too
young
to
make
alterations
in
matters
of
so
high
concernment
;
yet
he
promised
moderation
.
The
Clergie
are
put
to
silence
herewith
,
and
so
continue
till
the
King
was
six
years
elder
;
and
then
,
with
Money
in
one
hand
,
and
a
Petition
in
the
other
,
they
renew
their
suit
,
but
in
a
more
subtile
way
:
For
they
would
not
pretend
Rome
,
but
the
English
Churches
Liberties
;
they
would
not
move
against
the
Statutes
of
Praemuniri
,
but
to
have
them
explained
;
it
was
not
much
they
complained
of
,
Holy
See
,
but
against
the
Jurisdiction
of
the
English
Prelacy
,
which
they
never
intended
in
the
passing
of
those
Laws
.
Their
Clonclusion
therefore
is
a
Prayer
,
That
the
King
will
please
to
allow
the
Jurisdiction
of
their
Ecclesiastical
Courts
,
and
that
Prohibitions
in
such
Cases
may
be
stopped
.
But
the
King
,
either
perceiving
that
the
Authority
of
English
Prelacy
was
wholly
dependant
on
the
See
of
Rome
,
and
acted
either
under
the
shadow
Legatine
,
or
at
the
best
sought
an
Independent
power
of
their
own
:
Or
else
the
King
doubting
that
the
calling
of
one
word
of
that
Statute
into
question
that
had
continued
so
long
,
might
endanger
the
whole
Law
into
uncertainty
,
declined
the
matter
,
saving
in
the
moderation
of
Prohibitions
.
Thus
the
English
Clergie
are
put
to
a
retreat
from
their
Reserve
at
Rome
:
all
which
they
now
well
saw
,
yet
it
was
hard
to
wean
them
.
The
Cardinal
of
Winchester
was
a
great
man
,
and
loth
to
lay
down
his
power
;
but
his
own
Tribe
grew
weary
of
him
and
his
power
.
For
the
greater
some
Church-men
are
,
unless
they
be
better
than
men
,
the
inferiour
and
better
Church-men
are
worse
than
men
.
At
length
therefore
the
Cardinal
is
Vnlegated
,
and
that
power
conferred
upon
the
Archbishop
of
Canterbury
;
a
man
formerly
well
approved
,
but
by
this
very
influence
from
Rome
rendred
suspected
,
Which
he
perceiving
,
protested
against
the
exercise
of
the
Jurisdiction
Legatine
without
the
Kings
allowance
,
and
so
mannerly
crept
into
the
Chair
.
The
English
Kings
and
Clergie
having
thus
attained
the
right
discerning
of
each
other
,
begin
to
take
up
a
new
way
of
policy
;
which
was
to
hold
nothing
of
the
Popedom
,
but
the
Form
of
Worship
and
Discipline
;
but
as
touching
Jurisdiction
,
they
held
it
a
high
point
of
wisdom
,
either
to
fetch
it
nigh
at
home
,
or
to
be
silent
in
the
matter
;
having
now
found
a
main
difference
between
the
Popes
Will
,
and
the
Church-Law
;
and
therefore
as
formerly
the
Convocation
and
Parliament
joyned
in
excluding
of
Foreigners
from
Church-livings
,
Intelligencers
to
Enemies
abroad
:
So
neither
now
will
they
allow
any
provisions
for
English
men
;
and
upon
this
ground
,
the
Dean
and
Chapter
of
York
refused
to
admit
the
Bishop
of
Lincoln
to
the
See
of
York
,
although
assigned
he
was
thereto
by
Pope
Martin
,
and
he
the
darling
of
Nations
,
being
by
joynt
consent
advanced
to
the
Triple
Crown
,
that
had
been
formerly
tripled
amongst
three
Popes
,
and
troubled
all
Europe
.
And
whereas
during
the
Tripapalty
much
money
had
been
levyed
here
in
England
,
to
serve
for
the
recovery
of
the
Popedom
to
one
of
English
interest
;
now
by
joynt
consent
the
same
is
seized
upon
and
stopped
,
as
fewel
from
the
fire
,
and
spent
by
Henry
the
Fifth
in
the
recovery
of
a
Kingdom
in
France
,
that
should
have
been
employed
in
recovery
of
a
Popedom
at
Rome
.
These
things
concurred
to
give
a
wound
to
the
Popedom
,
that
was
never
cured
to
this
day
.
Nevertheless
,
the
English
Clergie
was
no
loser
by
all
this
,
but
gained
in
the
whole
sum
.
For
as
it
made
them
more
depending
on
the
Crown
,
so
it
made
the
Crown
more
fast
to
them
,
from
which
they
had
received
more
real
immunities
and
power
,
than
the
Pope
ever
did
,
or
was
able
to
give
them
;
and
might
expect
to
receive
many
more
.
What
personal
respects
these
three
Kings
shewed
them
,
hath
been
already
touched
.
Henry
the
Sixth
added
one
favour
,
which
made
all
the
rest
more
considerable
.
Hitherto
they
had
used
to
meet
in
Convocation
as
upon
the
interest
of
Rome
,
and
little
notice
was
taken
of
them
;
now
the
Nation
owns
them
,
and
in
some
respects
their
work
;
and
it
is
granted
,
That
the
Clerks
of
Convocation
called
by
the
Kings
Writ
,
and
their
Menial
Servants
,
shall
have
such
priviledge
in
coming
,
carrying
,
and
going
,
as
the
Members
of
the
Parliament
have
.
So
as
though
they
be
not
Members
,
yet
they
are
as
Members
,
if
they
assemble
by
the
Kings
Writ
,
and
not
onely
by
the
power
of
the
Legate
or
Metropolitan
.
Church
Gemot
,
mentioned
in
the
Laws
of
Henry
the
First
,
as
not
onely
the
works
thereof
,
therein
set
down
,
do
sufficiently
declare
;
but
also
it
is
evident
,
that
in
Henry
the
Second's
days
,
the
Grand
Councils
of
this
Kingdom
were
joyntly
mixed
both
of
Clergie
and
Laity
.
Nor
could
the
Clergie
shut
the
Laity
from
their
Councils
,
till
about
the
times
of
Richard
the
First
,
or
King
John.
From
which
time
forward
,
the
Laity
were
so
far
from
protecting
of
them
,
that
(
till
these
times
now
in
hand
)
all
their
care
was
to
keep
them
from
violating
the
Liberty
of
the
people
.
That
they
were
many
times
notwithstanding
called
together
by
the
Kings
Writ
before
these
times
,
Will
.
Pry●
.
hath
also
been
cleared
by
another
Pen.
That
their
work
at
such
times
was
to
advise
concerning
such
matters
as
should
be
propounded
to
them
by
the
King
in
Parliament
,
their
Summons
do
shew
;
the
particulars
whereof
,
for
the
most
part
,
concerned
supplies
of
Money
from
the
Church-men
.
And
yet
sometimes
matters
of
great
moment
were
debated
therein
.
As
in
a
Convocation
summoned
by
Henry
the
Fifth
in
his
ninth
year
,
the
preheminence
of
Pope
Eugenius
above
the
Council
of
Bazil
was
debated
;
and
as
much
as
they
could
,
they
determined
the
same
.
The
credit
of
their
decisions
in
former
time
,
I
believe
was
not
much
amongst
the
people
;
because
the
men
were
looked
upon
with
an
evil
eye
.
Now
that
the
Parliament
seemeth
to
own
them
in
their
way
,
and
to
protect
them
;
their
determinations
are
somewhat
.
The
Church-men
espy
their
opportunity
,
and
whilst
the
benevolent
influence
of
the
State
is
in
its
first
heat
,
they
improve
it
in
this
manner
.
The
times
were
now
come
about
wherein
light
began
to
spring
forth
,
conscience
tobestir
itself
,
and
men
to
study
the
Scriptures
.
This
was
imputed
to
the
idleness
and
carelesness
of
the
Clergie
,
who
suffered
the
minds
of
young
Scholars
to
luxuriate
into
Errours
of
Divinity
,
for
want
of
putting
them
on
to
other
Learning
,
and
gave
no
encouragement
to
studies
of
humane
Literature
,
by
preferring
those
that
were
deserving
.
Vicar-general
,
Commissary
,
or
Official
,
or
otherwise
,
unless
he
shall
have
first
in
the
University
have
taken
Degrees
in
the
Civil
or
Canon
Law.
A
shrewd
trick
this
was
to
stop
the
growth
of
the
study
of
Divinity
,
and
Wickliff's
way
:
and
to
imbellish
mens
minds
with
a
kind
of
Learning
that
may
gain
them
preferment
,
or
at
least
an
opinion
of
abilities
beyond
the
common
strain
,
and
dangerous
to
be
meddled
with
.
Like
some
Gallants
that
wear
Swords
as
Badges
of
Honour
,
and
to
bid
men
beware
,
because
they
possibly
may
strike
,
though
in
their
own
persons
they
may
be
very
Cowards
.
And
no
less
mischievously
intended
was
this
against
the
rugged
Common-Law
,
a
Rule
so
nigh
allied
to
the
Gospel-way
,
as
it
favoureth
Liberty
;
and
so
far
estranged
from
the
way
of
the
Civil
and
Canon-Law
,
as
there
is
no
hope
of
accommodation
till
Christ
and
Anti-Christ
have
fought
the
field
.
Thus
much
of
the
Church
of
England
,
in
relation
to
the
State
,
now
as
it
is
absolutely
considered
,
in
regard
of
the
several
degrees
of
persons
therein
.
Although
these
three
Kings
were
much
endeared
to
the
English
Clergy
,
yet
the
difference
between
the
Laity
and
them
growing
high
,
the
King
's
principal
care
is
now
,
to
keep
an
even
hand
between
them
both
:
for
he
that
will
back
two
Horses
at
once
,
must
keep
them
even
,
or
put
his
joynts
to
the
adventure
.
First
,
Henry
the
Fourth
granteth
,
That
no
more
shall
be
paid
to
Rome
for
the
first-fruits
of
Archbishops
and
Bishops
,
than
hath
been
anciently
used
.
to
prevent
the
horrible
mischief
,
and
damnable
custom
of
Rome
;
for
such
are
the
very
words
of
that
Statute
,
unto
which
the
Clergy
gave
their
Vote
,
if
not
the
first
Vote
:
and
therefore
certainly
did
neither
believe
,
nor
honour
that
infallible
Chair
as
their
own
Mother
;
nor
did
they
bear
her
Yoke
,
further
,
than
their
own
benefit
and
reason
of
State
did
require
.
For
though
the
immediate
benefit
of
this
Law
did
descend
upon
the
Prelacy
,
yet
it
also
much
concerned
the
interest
both
of
the
honour
and
benefit
of
the
Nation
,
that
the
Clergy
should
not
be
at
the
Pope's
pleasure
to
tax
and
assess
as
he
thought
good
.
Secondly
,
Thirdly
,
First
,
They
refused
formerly
to
grant
Copies
of
Libels
,
either
thereby
to
hinder
the
course
of
Prohibitions
,
or
to
make
the
Copies
the
moredear
,
and
Money
more
cheap
with
them
.
Henry
the
Fifth
,
finding
this
a
grievance
to
the
people
,
passeth
a
Law
,
That
all
Ordinaries
shall
grant
the
Copies
of
Libels
at
such
time
as
by
Law
they
are
grantable
.
Secondly
,
As
the
probate
of
Wills
had
anciently
belonged
to
the
Ordinary
by
the
Canon-Law
,
regulated
and
settled
the
Fees
for
such
Service
.
But
the
Clergy
having
been
ever
under
the
noutriture
of
their
Mother
Rome
,
that
loved
to
exceed
,
they
likewise
accounted
it
their
liberty
to
take
what
they
could
get
.
But
the
nigher
they
come
to
engage
with
Kings
in
their
Government
according
to
Law
,
the
more
reformed
they
grow
.
Formerly
Edward
the
Third
had
settled
their
Fees
,
but
they
would
not
hold
to
the
rule
.
Now
the
Law
is
doubled
by
Henry
the
Fifth
,
with
a
penalty
of
treble
damages
against
Delinquents
.
Furthermore
,
the
very
Priests
could
not
contain
their
Pater-Nosters
,
Requiems
,
Masses
,
Lastly
,
Some
Laws
were
made
,
wherein
the
Commonwealth
gained
,
and
the
Church
were
losers
.
First
,
Whereas
the
Church-men
formerly
held
all
holy
things
proper
and
peculiar
to
their
own
Cognizance
,
especially
such
as
concerned
the
Worship
of
God
;
the
Parliament
now
began
to
be
bold
with
that
,
and
never
asked
leave
.
It
had
now
for
a
long
time
,
even
since
the
Saxon
times
,
been
the
unhappy
condition
of
this
Church
of
England
amongst
others
,
to
decay
continually
in
Piety
and
right
Devotion
;
but
through
the
light
that
now
revived
,
and
God's
goodness
,
it
in
these
times
came
to
pass
,
that
the
people
did
entertain
some
sense
of
their
duty
towards
God
more
than
formerly
,
and
begin
to
quarrel
the
abuses
done
to
the
Lords
day
in
the
manner
of
the
keeping
thereof
.
London
hath
the
honour
for
beginning
this
Reformation
by
an
Act
of
their
Common
Council
.
holy
Feasts
then
holden
)
and
all
Fairs
and
Markets
are
enjoyned
to
cease
on
that
day
,
under
pain
of
forfeiture
of
Goods
exposed
to
sale
;
excepting
Victual
,
and
excepting
the
four
Sundays
in
Harvest
.
And
thus
though
places
had
their
Consecration
allowed
by
the
Parliament
,
and
immunity
from
trading
in
Fairs
and
Markets
by
the
space
of
a
hundred
and
sixty
years
before
this
time
;
yet
that
time
which
God
by
his
own
Law
had
reserved
to
his
own
self
,
never
came
under
regard
to
be
allowed
till
now
;
and
yet
not
by
the
motion
of
the
Clergie
,
nor
by
their
furtherance
.
For
by
their
thrusting
in
the
Holy
days
,
they
made
them
equal
with
the
Lords
day
;
and
in
Harvest-time
superiour
,
by
preserving
them
in
force
,
whenas
the
Lords
days
were
set
aside
.
So
God
had
somewhat
of
these
men
,
but
the
Pope
more
.
Secondly
,
As
the
Church-men
lost
in
the
former
,
so
the
Prelacy
in
this
that
follows
.
The
Prelates
had
long
since
obtained
the
Trial
of
Bastardy
,
and
therein
could
strain
themselves
so
far
,
as
to
put
the
case
of
Inheritance
into
danger
,
where
the
point
otherwise
was
clear
enough
.
And
this
grew
to
that
height
,
that
it
endangered
the
disinheriting
of
the
Heirs
of
the
●arl
of
Kent
.
Opinion
contrary
to
the
Church-determinations
,
or
Catholick
Faith.
And
against
this
the
Clergie
now
stormed
more
than
ever
formerly
;
because
it
was
grown
to
such
a
height
,
as
if
it
meaned
to
over-top
theirs
.
To
this
end
they
procured
an
Act
to
pass
,
That
all
Preachers
,
If
upon
Conviction
,
he
shall
not
abjure
,
or
shall
relapse
,
he
shall
be
delivered
unto
the
Secular
power
,
and
be
burned
.
And
that
Preachers
without
,
License
of
the
Diocesan
,
should
be
restrained
.
Concerning
which
Law
,
I
shall
first
shew
what
change
in
the
Laws
of
this
Kingdom
was
endeavoured
,
and
what
was
really
effected
.
First
,
That
no
Freeman
can
be
put
to
answer
before
any
Judge
,
but
upon
presentment
,
or
other
matter
of
Record
foregoing
,
and
by
due
Process
of
Law.
And
yet
it
had
been
ruled
,
that
strong
presumption
,
and
complaint
of
credit
after
it
is
entred
,
is
sufficient
Record
to
ground
proceedings
in
this
Case
,
to
attach
the
party
to
Answer
.
Trial
upon
the
Oath
Ex
Officio
.
For
such
was
the
Trial
allowed
by
the
Canon
in
these
times
;
as
appears
in
the
Constitutions
of
Otho
,
Non
obstante
obtenta
consuetudine
.
Seconly
,
This
Law
doth
endeavour
to
introduce
a
new
Judge
,
with
a
power
to
Fine
▪
and
Imprison
according
to
discretion
;
and
a
Prison
allowed
to
him
as
his
own
peculiar
,
and
yet
the
Writ
De
cautione
admittenda
▪
still
held
its
power
,
to
regulate
that
discretion
as
formerly
it
had
done
;
which
by
the
way
may
render
the
power
of
this
Law
suspicious
.
Thirdly
,
The
Clergie
are
not
content
to
have
the
Estates
and
Liberties
of
the
bodies
of
the
people
at
their
discretion
;
but
they
must
also
have
their
Lives
.
Although
no
Freeman's
life
could
by
the
Fundamental
Laws
of
this
Kingdom
come
to
question
,
but
by
the
Judgement
of
his
Peers
;
nor
could
the
Clergie
by
their
own
Canons
interesse
sanguini
,
viz.
They
cannot
put
any
man
to
death
:
but
by
this
Law
they
may
send
any
man
to
death
by
a
Sentence
as
sure
as
death
,
Tradatur
potestati
seculari
:
And
such
a
death
,
not
as
the
Civil
Magistrate
is
wont
to
execute
,
by
a
speedy
parting
of
the
Soul
from
the
Body
,
by
loss
of
Blood
,
stop
of
Breath
,
or
such
like
;
but
the
Clergie
must
have
Bloud
,
Flesh
,
Bones
,
and
Life
and
all
,
even
the
edge
of
non
entity
it self
,
or
they
are
not
satisfied
:
and
thus
the
Writ
De
comburendo
Hoeretico
entred
into
the
World.
True
it
is
,
that
some
sparks
of
this
fire
are
found
in
former
times
;
and
Bracton
toucheth
upon
such
a
Law
,
in
case
of
a
Clerk
convict
for
Apostacy
;
Primo
degradetur
,
&
post
per
manum
Laicalem
Comburatur
;
which
was
indeed
the
Canon
,
and
that
by
his
own
Confession
;
for
it
is
grounded
upon
one
,
Secundum
quod
accidit
,
in
the
Synod
at
Oxford
under
Archbishop
Becket
.
But
that
Case
concerneth
a
Clerk
,
who
by
his
profession
hath
put
himself
under
the
Law
of
the
Canon
;
and
it
was
onely
in
case
of
Apostacy
,
himself
being
turned
Jew
;
and
this
also
done
upon
a
sudden
pang
of
zeal
and
power
of
an
Archbishop
that
would
know
no
Peer
.
Nor
do
we
find
any
second
to
this
Precedent
by
the
space
of
Two
hundred
years
next
ensuing
:
Fourthly
,
the
next
endeavour
is
to
bring
the
cognizance
of
all
,
wholly
to
the
Ecclesiastical
Court
,
without
further
Appeal
;
for
so
the
words
concerning
Conviction
of
Heresie
are
:
Whereupon
evidence
shall
be
given
to
the
Diocesan
of
the
same
place
,
or
his
Ordinary
in
that
behalf
.
These
changes
,
I
say
,
were
endeavoured
to
be
brought
upon
the
Government
of
this
Kingdom
;
and
yet
the
Law
,
for
all
this
,
suffered
no
change
;
nor
did
the
House
of
Commons
(
however
the
name
is
thrust
into
the
English
Ordinary
Print
)
ever
yield
unto
the
passing
of
the
same
;
but
in
the
Parliament
next
ensuing
,
complained
thereof
,
and
protested
they
would
not
be
bound
by
such
Laws
whereto
the
House
of
Commons
had
not
given
their
consent
.
And
this
dashed
the
Law
quite
out
of
countenance
;
(
although
it
holds
the
place
still
amongst
the
number
)
for
within
four
years
after
,
the
Clergie
bring
in
another
Bill
of
the
same
nature
in
general
,
though
varying
in
some
particulars
;
All
the
strength
therefore
of
this
Law
resteth
upon
the
King
and
House
of
Lords
,
engaged
by
the
Clergie
,
(
whom
they
trusted
for
their
Religion
;
for
Book-learning
was
with
them
of
small
account
)
and
no
less
by
the
King
;
who
knew
no
better
way
to
give
the
Clergie
content
,
that
gave
him
so
much
,
as
to
set
the
Crown
upon
his
Head
;
nor
to
discharge
his
Royal
Word
,
viz.
That
they
were
sent
to
declare
the
Kings
good
will
to
the
Clergie
and
Church-Liberties
;
and
that
he
was
resolved
to
defend
all
the
Liberties
of
the
Church
by
his
Kingly
power
,
and
to
punish
Hereticks
and
the
Churches
Enemies
in
such
manner
as
the
Clergie
should
think
meet
;
and
therefore
desired
their
daily
prayers
for
his
own
and
the
Kingdoms
safety
.
After
Henry
the
Fourth
comes
Henry
the
Fifth
,
and
he
also
makes
another
essay
;
the
former
opinions
,
then
known
onely
by
the
general
names
of
Heresie
,
are
now
baptized
by
the
new
name
of
Lollardry
,
and
grown
so
overspreading
,
that
all
the
troubles
of
these
times
are
still
imputed
to
them
.
It
was
indeed
the
Devils
old
and
common
trick
,
thus
to
inrage
earthly
powers
against
these
men
;
although
he
be
hereby
but
an
instrument
in
the
hand
of
the
chief
Builder
,
that
in
laying
a
sure
Foundation
,
doth
as
well
ram
down
as
raise
up
;
for
the
malice
of
these
men
made
the
people
of
God
to
multiply
.
Henry
the
Fifth
also
published
a
Law
to
this
same
purpose
.
That
all
persons
in
place
of
Government
,
That
all
Lollards
convict
by
the
Clergie
,
(
left
to
the
secular
power
,
according
to
the
Laws
of
Holy
Church
)
shall
forfeit
their
Lands
and
Tenements
to
their
Lords
:
And
the
King
to
have
the
Year
and
Day
,
and
Waste
,
and
all
his
Goods
and
Chattels
.
If
the
Lord
be
the
Ordinary
,
the
King
shall
have
all
.
No
forfeiture
to
be
,
till
the
Delinquent
be
dead
.
They
shall
be
found
by
Indictment
before
the
Justices
of
the
Peace
.
This
Indictment
being
found
,
shall
be
sent
to
the
Ordinary
with
the
Prisoner
.
The
Indictment
shall
not
be
for
Evidence
,
but
onely
for
Information
.
These
are
the
principal
things
contained
in
this
Law
,
which
by
the
manner
of
the
composure
,
seemeth
to
be
of
an
uncertain
colour
,
neither
made
by
the
Clergie
,
nor
Laity
,
but
spoiled
between
them
both
.
The
intent
thereof
seemeth
to
be
principally
to
draw
on
the
House
of
Commons
to
pass
the
Law
,
under
hope
of
gain
by
the
forfeitures
;
for
the
penalty
is
like
that
of
Felony
,
though
the
crime
be
not
expresly
declared
to
be
Felony
.
But
the
intent
fell
short
in
event
.
For
first
,
The
nature
of
the
Crime
is
not
defined
,
nor
declared
by
any
Law
;
and
therefore
can
no
man
by
Indictment
be
found
to
be
such
.
Secondly
,
No
penalty
of
death
hath
been
by
any
former
,
or
by
this
Law
,
determined
upon
such
as
are
guilty
;
for
it
is
not
enacted
by
any
Law
,
that
such
persons
shall
be
delivered
to
the
Secular
power
,
&c.
Thirdly
,
This
Statute
determining
the
forfeiture
to
be
not
till
death
;
and
neither
that
,
nor
any
other
Law
of
this
Kingdom
determining
death
;
then
is
no
forfeiture
determined
.
Fourthly
,
Though
this
Law
taketh
it
for
granted
,
that
Heresie
and
Errours
belong
to
Ecclesiastical
Cognizance
,
yet
the
same
allows
of
no
further
proceedings
than
Ecclesiastical
censures
.
Lastly
,
By
this
Law
there
can
be
no
proceeding
,
but
in
case
of
Indictment
,
(
for
otherwise
without
Record
no
forfeiture
can
be
)
therefore
where
no
Indictment
is
,
there
is
no
forfeiture
.
In
all
which
regards
,
it
is
evident
that
the
Clergie
could
by
this
Law
neither
get
fat
nor
bloud
.
Mary
Overies
in
these
times
:
Item
,
We
saine
,
that
John
Stevens
is
a
man
we
cannot
tell
what
to
make
of
him
;
and
that
he
hath
Books
we
know
not
what
they
are
.
This
new
course
shews
plainly
,
that
the
former
held
not
force
as
they
intended
it
:
So
God
blasted
the
practices
of
the
Clergie
at
this
time
also
;
rendring
this
Law
immaterial
that
had
the
form
,
as
the
other
missed
in
the
form
and
had
the
matter
.
CHAP.
XVIII
.
Of
the
Court
of
Chancery
.
IT
often
befals
in
State-affairs
,
that
extraordinary
exigencies
require
extraordinary
remedies
,
which
having
once
gotten
footing
,
are
not
easily
laid
aside
,
especially
if
they
be
expedient
for
Prerogative
.
The
Privy
Council
in
the
Star-chamber
pretends
default
of
the
Common-Law
,
both
in
speed
and
severity
,
in
Cases
whereby
the
State
is
endangered
:
The
Chancery
pretends
default
by
the
Common-Law
in
point
of
equity
and
moderation
.
The
people
taken
with
these
pretences
make
that
Rod
more
heavy
,
which
themselves
had
already
complained
of
.
What
the
Chancery
was
in
times
past
hath
been
already
shewed
;
still
it
is
in
the
growing
and
gaining
hand
.
First
,
Secondly
,
It
gained
also
upon
the
Admiralty
,
which
by
former
Laws
had
Jurisdiction
in
all
cases
incident
upon
the
great
Sea
.
But
now
either
through
neglect
of
the
Admiral
,
or
the
evil
of
the
Times
,
occasioning
Piracies
to
grow
epidemical
,
the
ill
government
upon
the
Sea
became
dangerous
to
the
State
,
trenching
upon
the
Truce
made
between
this
and
other
Nations
.
For
a
remedy
whereof
,
Conservators
of
the
Truce
were
setled
in
every
Port
,
who
had
power
committed
to
them
to
punish
Delinquents
against
the
publick
Truce
,
both
by
Indictment
at
the
Kings
suit
;
and
according
to
the
course
of
the
Admiralty
by
complaint
,
saving
matters
of
death
to
the
cognizance
of
the
Admiral
.
But
this
was
soon
found
defective
;
for
Justice
done
in
the
dark
is
many
times
more
respective
,
and
less
respected
;
That
Offenders
against
the
Kings
Truce
upon
the
Sea
,
or
in
any
of
the
Ports
,
shall
be
proceeded
against
in
the
Chancery
before
the
Chancellor
;
who
hath
power
given
him
of
calling
to
his
assistance
some
of
the
Judges
to
execute
the
Statute
of
2
H.
5.
foregoing
,
Thirdly
,
The
Chancery
gained
upon
the
Ecclesiastical
Court.
For
whereas
by
the
Canon
the
Church-men
were
to
be
judged
by
their
Superiours
,
according
to
Ecclesiastical
and
Ordinary
Jurisdiction
;
and
the
iniquity
of
the
times
was
again
returned
to
that
height
,
that
Parents
could
not
enjoy
their
own
Children
,
but
the
little
ones
were
allured
,
stoln
away
,
and
detained
in
Cloisters
;
nor
did
the
Church-men
afford
remedy
in
such
cases
:
Lastly
,
The
Chancery
encroached
upon
the
Common
Law
:
For
whereas
the
stirs
between
the
two
Houses
of
York
and
Lancaster
began
to
rise
,
men
made
their
dwellings
in
places
of
security
and
strength
;
Women
likewise
and
other
persons
flying
thither
for
refuge
;
especially
such
of
them
as
had
most
to
lose
;
these
were
,
contrary
to
the
Law
of
common
honesty
,
urged
to
engage
their
Estates
unto
the
desires
of
such
to
whom
they
had
fled
for
refuge
;
and
sometimes
compelled
to
marry
,
before
they
could
gain
their
liberty
:
Secondly
,
Thus
as
the
work
and
power
of
the
Chancery
grew
,
so
did
the
place
and
person
of
the
Chancellor
grow
more
considerable
;
raised
now
from
being
the
Kings
Secretary
(
for
no
better
was
he
in
former
times
)
to
be
the
Kingdoms
Judge
;
and
of
such
trust
,
that
although
the
King
might
make
election
of
his
own
Secretary
,
yet
the
Parliament
would
first
know
and
allow
him
that
must
be
trusted
with
the
power
over
the
Estates
of
so
many
of
the
people
;
And
therefore
did
in
these
times
both
place
and
displace
him
as
they
saw
expedient
.
In
a
word
,
CHAP.
XIX
.
Of
the
Courts
of
Crown-Pleas
,
and
Common
Law.
AS
the
Chancery
on
the
one
side
did
swell
and
increase
,
so
was
the
Kings-bench
in
an
ebb
:
the
Council-Table
in
the
Star-Chamber
on
the
one
side
,
and
the
Itinerant-Courts
in
the
Country
intercepted
,
and
drew
away
much
to
their
own
shares
;
making
themselves
fat
,
the
Kings-bench
lean
,
and
the
Rural
Courts
for
Crown-Pleas
almost
to
starve
.
The
Crown-Pleas
formerly
had
been
determinable
in
the
Kings-bench
,
Gaol-delivery
,
Oyer
and
Terminer
;
and
many
of
them
by
Justices
of
the
Peace
,
Coroners
,
and
Sheriff
.
The
Gaol-delivery
was
afterwards
united
to
the
Judges
of
Assize
;
and
if
one
of
them
were
a
Clergy-man
,
then
to
the
other
,
and
chief
men
of
the
County
.
This
was
useful
for
the
Publick
,
but
not
beneficial
for
some
men
;
and
therefore
they
laboured
for
Commissions
,
especially
directed
to
parties
that
they
thought
would
partake
:
but
these
were
found
soon
to
be
dangerous
,
Gaol
delivery
restored
to
the
Judges
of
Assize
,
as
formerly
.
The
Commissions
of
Oyer
and
Terminer
were
sued
forth
upon
extraordinary
Emergencies
and
Offences
,
wherein
the
State
was
much
concerned
for
speedy
Execution
.
In
former
times
,
both
these
and
Gaol-deliveries
were
but
rarely
had
,
and
then
granted
unto
some
that
perchance
knew
more
of
the
Case
,
than
before-hand
was
meet
to
be
known
.
Edward
the
Third
amended
this
Errour
,
and
ordered
that
no
Commissions
of
Oyer
and
Terminer
should
issue
forth
,
Judges
of
Assize
are
now
on
the
growing
hand
,
both
for
Honour
,
Use
,
and
Power
;
the
rather
,
because
their
persons
are
of
high
repute
in
the
Benches
at
Westminster
,
which
are
the
Master-pieces
of
Judicature
,
and
their
Iters
are
constant
and
ordinary
.
Nevertheless
,
the
Judges
of
Assize
,
though
they
have
the
Gaol-delivery
annexed
to
them
,
yet
have
they
not
that
absolute
power
of
the
Kings-bench
;
but
are
still
under
the
rule
of
their
Commission
,
which
is
not
alterable
but
Parliament
;
and
which
by
it
was
altered
by
way
of
adding
new
powers
as
new
crimes
arose
,
that
required
the
eye
of
the
State
to
provide
.
And
so
the
Judges
of
Assize
by
degrees
grew
to
be
the
ordinary
Administrators
of
Justice
throughout
the
Kingdom
,
yet
holding
still
forth
to
them
a
limited
power
,
false
Returns
by
the
Sheriff
of
persons
elected
for
the
Parliament
.
And
also
in
cases
concerning
the
Statutes
of
Labourers
,
and
unlawful
Games
and
Pastimes
;
in
which
case
the
Certificate
is
to
be
made
to
the
Chancellor
.
Forcible
Entries
,
These
were
signs
of
much
confidence
and
trust
in
them
;
and
yet
notwithstanding
,
not
in
these
,
nor
in
these
,
were
the
Penalties
by
Fine
left
to
the
Arbitry
of
the
Judges
;
no
nor
to
the
Justices
of
the
Kings-bench
,
but
were
by
the
very
Letter
of
the
Law
determined
.
Lastly
,
What
was
formerly
provided
by
Edward
the
Third
,
and
Richard
the
Second
,
CHAP.
XX.
Concerning
Sheriffs
.
HEnry
the
Fourth
,
after
a
small
rest
in
his
Throne
,
though
he
always
sate
loose
,
sought
after
the
civil
Peace
,
as
the
corner-stone
of
his
subsistence
,
and
that
by
a
way
of
Justice
;
which
found
more
acceptance
with
the
Vulgar
,
than
the
common
Education
of
the
greater
number
in
these
times
could
promise
:
for
the
worst
of
men
cannot
endure
to
suffer
Injustice
,
though
themselves
will
do
it
.
Now
because
where
Kings
are
reputed
to
be
the
Fountain
and
Life
of
Justice
,
Sheriffs
may
be
reputed
to
be
the
breath
thereof
;
and
by
their
Irregularities
do
render
the
Government
of
the
King
as
loathsome
,
as
unsavoury
breath
doth
the
person
whose
it
is
:
Therefore
Henry
the
Fourth
chose
rather
to
be
a
loser
in
his
Farm●●ts
of
the
Sheriff-wicks
,
than
to
occasion
the
Sheriffs
to
save
their
bargains
by
oppression
.
For
preventing
of
this
inconvenience
,
That
the
Sheriff
shall
not
let
his
Bailywick
to
Farm
,
nor
be
Non-resident
;
and
to
this
he
must
bind
himself
by
Oath
.
So
as
now
the
Sheriff
is
double
girt
,
and
may
be
fairly
ridden
,
without
danger
to
the
King
or
People
.
But
men
ride
Horses
for
ease
and
pleasure
;
and
he
that
must
bend
his
mind
always
to
watch
his
Horses
motion
,
will
chuse
rather
to
go
on
foot
.
And
therefore
Henry
the
Fifth
renewed
the
Law
of
Richard
the
Second
,
new
Deputies
,
but
not
to
lay
down
old
Customs
;
nor
could
it
be
lasting
,
unless
the
penalties
also
had
been
annexed
to
the
particular
Crimes
.
For
a
Sheriff
,
before
he
is
a
year
old
,
by
experience
formerly
had
,
becomes
too
cunning
for
all
these
Laws
;
Writs
,
&c.
and
damages
in
such
cases
given
to
the
party
wronged
:
CHAP.
XXI
.
Of
Justices
and
Laws
concerning
the
Peace
.
THE
faint
Title
of
Henry
the
Fourth
to
the
Crown
,
made
him
ever
tender
of
the
Civil
Peace
;
without
breach
whereof
,
he
was
sure
to
be
quiet
in
the
Throne
.
He
undertook
not
this
work
by
any
superlative
power
from
and
by
himself
,
but
useth
the
help
of
the
Parliament
and
Laws
;
wherein
he
was
industrious
;
pretending
love
of
Unity
amongst
his
people
,
which
nevertheless
he
liked
not
,
unless
in
order
to
quiet
between
himself
and
them
.
Justices
of
Peace
he
followed
close
,
The
most
sufficient
persons
,
Inhabitants
in
the
County
,
worth
at
least
twenty
pound
yearly
,
unless
they
be
Lawyers
,
or
such
as
are
Justices
in
Corporations
.
Nor
is
the
King
troubled
or
trusted
with
the
naming
or
electing
of
these
men
,
but
the
Chancellor
,
or
the
Kings
Council
;
so
as
now
by
Law
the
King
can
neither
be
Justice
,
nor
make
Justice
Jure
proprio
,
but
as
his
interest
with
the
Council
is
more
or
less
prevalent
:
and
that
power
that
first
gave
it
to
the
Crown
,
the
same
power
took
it
away
,
or
imparted
,
and
placed
it
else
where
.
viz.
For
the
Wax
,
so
much
as
the
Wax
is
worth
by
weight
,
and
but
four
pence
for
the
godhead
:
So
as
it
seems
the
Parliament
was
not
very
superstitious
in
their
House
,
whatever
they
were
at
Church
.
Furthermore
,
the
Justices
of
the
Peace
had
power
to
punish
deceit
in
Measures
,
Weights
,
no
Justice
should
commit
any
Delinquent
to
other
than
the
County-Gaol
,
saving
Franchises
to
the
Lords
.
Justices
of
Peace
,
as
the
Kings
Arms
upon
the
Royal
Mace
,
are
terrible
onely
to
the
bad
;
and
not
as
they
are
pictured
before
an
Ale-house-door
,
to
invite
men
to
transgress
.
The
Laws
for
the
preservation
of
the
peace
,
concern
either
punishment
of
Crimes
committed
,
or
prevention
of
them
from
being
committed
.
There
is
a
succession
of
crimes
,
as
of
Men
and
Ages
;
because
the
Scripture
tells
us
,
that
the
hearts
of
all
are
fashioned
alike
;
yet
it
is
with
generations
as
with
men
,
some
incline
to
some
crimes
more
than
other
;
and
that
is
the
reason
that
the
title
Treason
,
sometimes
is
set
forth
in
Folio
,
sometimes
in
a
lesser
Volume
.
It
is
evident
is
Story
,
that
the
violent
times
of
Richard
the
Second
,
had
raised
the
value
of
that
,
amongst
other
offences
,
above
measure
;
not
long
before
his
time
,
his
Father
had
reduced
that
wild
notion
of
Treason
to
a
certain
rule
,
that
formerly
wandred
in
a
Wilderness
of
opinions
.
But
Henry
the
Fourth
,
either
to
save
his
own
stake
,
or
to
take
the
people
,
or
both
,
reduced
it
again
to
the
Statute-rule
of
Edward
the
Third
,
That
all
purposed
impairing
of
Money
should
be
Treason
.
And
so
the
Parliament
held
forth
to
all
men
,
that
they
had
a
power
to
declare
Treason
,
without
the
bounds
of
the
Statute
of
Edward
the
Third
.
The
like
power
it
held
forth
in
the
time
of
Henry
the
Sixth
;
for
men
knew
that
Burglary
and
Robbery
were
mortal
crimes
,
they
would
no
more
of
that
;
now
they
devise
a
way
to
spoil
,
and
prey
for
themselves
,
and
yet
neither
to
rob
,
nor
break
House
.
To
this
end
they
would
scatter
little
Scrolls
in
writing
,
requiring
the
party
that
they
intended
to
prey
upon
,
to
leave
so
much
money
upon
such
a
day
,
at
such
a
place
;
This
practice
was
at
once
made
Treason
,
to
prevent
the
growth
of
such
an
evil
.
And
the
like
was
done
with
Robberies
and
Manslaughters
,
As
many
or
more
new
Felonies
were
also
now
created
.
One
was
the
cutting
out
of
mens
Tongues
;
plucking
out
of
Eyes
;
a
strange
cruelty
!
And
that
shewed
the
extream
savageness
of
those
times
;
so
much
the
more
intolerable
,
by
how
much
the
poor
tortured
creature
could
hardly
be
either
Eye
or
Ear-Witness
of
the
truth
of
his
own
wrong
.
A
second
Felony
was
,
Another
Felony
concerneth
Souldiers
,
which
I
refer
over
to
the
next
Chapter
.
The
last
was
,
In
the
next
place
,
as
touching
Forcible
Entries
,
and
Riots
,
the
remedies
so
often
inculcated
,
and
new
dressed
,
shew
plainly
the
nature
of
the
times
.
These
kind
of
crimes
commonly
are
as
the
light
Skirmishes
in
the
beginning
of
a
War
,
and
follow
in
the
Conclusion
also
,
as
the
faintings
of
a
Battle
fought
till
both
sides
be
weary
.
I
shall
not
enter
into
each
particular
Statute
,
divers
of
them
being
little
other
than
as
asseverations
annexed
to
a
Sentence
;
to
add
credit
,
and
stir
up
minding
in
men
,
that
otherwise
would
soon
forget
what
is
said
or
done
.
The
remedies
formerly
propounded
,
are
now
resined
,
and
made
more
effectual
.
First
,
In
regard
of
speed
,
which
is
as
necessary
in
these
forces
,
as
the
stopping
of
the
breaches
of
Waters
in
the
first
act
;
and
therefore
one
Justice
of
the
Peace
may
proceed
upon
a
holder
by
force
,
or
breaker
of
the
Peace
,
To
maintain
and
recover
the
Peace
when
it
is
broken
,
shews
more
Power
;
but
to
prevent
the
breach
,
shews
more
Wisdom
;
and
therefore
to
all
the
rest
,
the
Wisdom
of
these
Times
provideth
carefully
.
First
,
For
Guards
and
Watches
,
according
to
the
Statute
at
Wint.
and
committed
the
care
thereof
to
the
Justices
of
the
Peace
.
And
Secondly
,
King
Livery
,
but
may
give
none
.
Knights
and
Esquires
may
wear
the
Kings
Livery
in
their
attendance
upon
his
person
,
but
not
in
the
Country
.
The
King
and
●●ince
may
give
Liveries
to
Lords
,
One
thing
must
be
added
to
all
,
which
may
concern
Trial
in
all
,
Viz.
A
Law
was
made
,
that
Noble
Ladies
shall
be
tried
by
their
Peers
.
CHAP.
XXII
.
Of
the
Militia
during
these
times
.
THe
Title
of
Henry
the
Fourth
to
the
Crown
,
was
maintained
principally
by
his
Tenures
,
which
the
Courtiers
call
Knight
service
;
but
the
Common
people
,
force
of
Arms
:
And
that
which
destroyed
many
a
man
,
was
the
principal
means
of
his
subsistence
.
Otherwise
it
is
clear
,
that
his
Title
was
stark
naught
;
nor
could
he
outface
Mortimer's
Title
,
without
a
naked
Sword
,
which
he
used
warily
:
for
he
had
Enemies
enough
to
keep
his
Sword
in
hand
;
and
Friends
enough
to
keep
it
from
striking
at
random
.
For
coming
in
by
the
peoples
favour
,
he
was
obliged
to
be
rather
remiss
than
rigorous
:
yet
his
manner
of
coming
was
by
the
Sword
,
and
that
occasioneth
men
much
to
debate
about
his
absolute
power
in
the
Militia
,
as
supposing
that
what
power
he
had
,
other
Kings
may
De
jure
challenge
the
same
.
And
let
that
be
taken
for
granted
,
though
it
will
not
necessarily
follow
in
true
reasoning
:
And
let
it
also
be
taken
for
good
,
That
Henry
the
Fourth
entred
the
Throne
by
his
Sword
;
yet
is
there
not
any
Monument
in
Story
or
Antiquity
,
that
favoureth
any
absolute
right
in
him
over
the
Militia
;
but
the
current
is
,
I
think
,
somewhat
clear
against
it
.
First
,
Because
Henry
the
Fourth
,
De
jure
,
could
not
compel
men
to
serve
beyond
the
Seas
,
but
raised
them
by
contract
;
and
therefore
by
Act
of
Parliament
,
Edw.
3.
Stat.
2.
cap.
5.
which
Statute
was
purposely
made
to
that
end
.
And
the
same
also
is
countenanced
by
another
Statute
made
in
these
times
,
That
the
King
cannot
send
men
beyond
Seas
to
Wars
without
Wages
;
and
therefore
no
man
is
bound
to
any
such
service
,
by
any
absolute
Legiance
,
as
the
Reporter
would
understand
the
point
:
but
if
he
receiveth
Wages
thereto
,
he
by
that
Contract
binds
himself
.
Secondly
,
It
seemeth
also
to
be
granted
,
that
such
as
went
voluntarily
in
the
Kings
Service
,
ever
had
the
Kings
Pray
,
after
they
were
out
of
their
Counties
,
if
the
King
ruled
by
his
Laws
.
For
by
the
Statute
formerly
mentioned
,
the
King
did
likewise
confirm
the
Statute
of
18
Edw.
3.
Stat.
2.
cap.
7.
which
is
express
in
that
point
;
and
the
matter
in
fact
also
is
evident
upon
the
Records
.
Thirdly
,
Touching
the
arming
of
those
that
were
thus
levied
,
as
there
was
a
certain
Law
,
by
which
all
men
were
assessed
to
certain
Arms
,
either
by
the
Service
and
Tenure
of
their
Lands
,
or
by
Parliament
;
for
such
as
were
not
bound
to
find
sufficient
Arms
by
their
Tenure
,
according
as
is
contained
in
the
Statute
25
Edw.
3.
Stat.
5.
cap.
8.
English
man
to
the
King
,
to
be
absolute
,
because
he
hath
power
to
send
men
to
War
at
his
pleasure
;
and
he
hath
the
onely
power
to
make
War
;
and
if
so
,
then
hath
he
absolute
power
in
the
Militia
.
As
touching
the
power
of
sending
men
to
War
,
hath
been
already
spoken
;
but
as
touching
the
power
to
make
War
,
there
is
no
doubt
,
hath
the
King
any
Right
or
legal
Power
to
make
War
with
his
own
Subjects
as
he
pleaseth
,
but
is
bound
to
maintain
the
Peace
,
not
onely
by
his
Oath
at
his
Coronatiion
,
but
also
by
the
Laws
whereto
he
is
bound
,
if
he
will
reign
in
right
of
an
English
King.
For
every
man
knoweth
that
the
grounds
of
the
Statutes
of
wearing
of
Liveries
,
was
for
the
maintaining
of
the
publick
Peace
.
And
Henry
the
Fourth
,
amongst
other
provisions
made
against
that
trick
,
That
the
King
shall
give
onely
his
Honourable
Livery
to
his
Lords
Temporal
whom
shall
please
him
,
and
to
his
Knights
and
Esquires
menial
,
and
to
his
Knights
and
Esquires
which
be
of
his
retinue
,
and
take
of
him
their
yearly
Fee
for
term
of
Life
;
and
that
no
Yeoman
shall
take
or
wear
any
Livery
of
the
King
,
nor
of
none
other
Lord
.
Take
then
away
from
the
King
absolute
power
to
compel
men
to
take
up
Arms
otherwise
than
in
case
of
Foreign
Invasion
,
power
to
compel
men
to
go
out
of
their
Counties
to
War
,
power
to
charge
men
for
maintenance
of
the
Wars
,
power
to
make
them
find
Arms
at
his
pleasure
,
and
lastly
,
power
to
break
the
Peace
,
or
do
ought
that
may
tend
thereto
;
and
certainly
the
power
of
the
Militia
that
remaineth
,
though
never
so
surely
setled
in
the
Kings
hand
,
can
never
bite
this
Nation
.
Nor
can
the
noise
of
the
Commission
of
Array
entitle
the
King
unto
any
such
vast
power
as
is
pretended
.
For
though
it
be
granted
,
that
the
Commission
of
Array
was
amended
by
the
Parliament
in
these
times
;
and
secondly
,
that
being
so
amended
,
it
was
to
serve
for
a
Precedent
or
Rule
for
the
future
:
yet
will
it
not
follow
,
that
Henry
the
Fourth
had
,
or
any
Successor
of
his
hath
any
power
of
Array
originally
from
themselves
,
absolutely
in
themselves
,
or
determinatively
to
such
ends
as
he
,
or
they
,
shall
think
meet
.
First
,
As
touching
the
amendment
of
the
Commission
,
it
was
done
upon
complaint
made
by
the
Commons
as
a
grievance
,
that
such
Commissions
had
issued
forth
,
as
had
been
grievous
,
hurtful
,
and
dangerous
:
And
the
King
agrees
to
the
amendments
.
upon
advice
had
with
the
Lords
,
and
Judges
.
Secondly
,
If
the
Commission
of
Array
thus
mended
,
Lastly
,
Suppose
that
this
power
of
the
Parliament
is
executed
,
and
concluded
,
by
the
Commission
thus
amended
,
and
that
thereby
the
Kings
power
is
established
;
yet
can
it
not
be
concluded
,
that
this
power
is
originally
or
absolutely
in
the
King.
It
is
not
absolutely
in
him
,
because
it
is
limited
in
these
particulars
.
(
First
.
)
It
is
not
continual
,
because
it
is
onely
in
case
of
eminent
danger
.
(
Secondly
.
)
It
is
not
general
upon
all
occasions
,
but
onely
in
cases
of
a
Foreign
and
sudden
Invasion
and
attempts
.
(
Thirdly
.
)
The
powers
are
not
undefined
,
but
circumscribed
.
1.
To
Array
such
as
are
armed
,
so
as
they
cannot
assess
Arms
upon
such
.
To
compel
those
of
able
Bodies
and
Estates
to
be
armed
;
and
those
of
able
Estates
and
not
able
Bodies
,
to
arm
such
as
are
of
able
Bodies
and
not
Estates
:
but
this
must
be
Juxta
facultates
,
and
salvo
Statu
.
3.
Whereas
they
strain
themselves
to
make
the
Statute
of
Henry
the
Fourth
,
and
the
Commission
of
Array
,
to
consist
with
the
Statutes
of
13
E.
1.
1
E.
3.
and
25
E.
3.
thereby
they
affirm
so
many
more
restrictions
unto
this
power
of
Array
,
as
those
Statutes
are
remedial
in
particular
cases
:
yet
do
I
not
agree
to
their
Glosses
,
but
leave
them
to
the
debate
already
published
concerning
the
same
.
Secondly
,
As
this
power
was
not
absolutely
in
the
Kings
,
so
was
it
not
originally
from
themselves
,
because
they
had
not
the
Legislative
power
concerning
the
same
;
but
the
same
was
ever
,
and
yet
is
,
in
the
Parliament
.
Hereof
I
shall
note
onely
three
particular
instances
.
First
,
The
Militia
is
a
posture
that
extendeth
as
well
to
Sea
as
Land
:
That
which
concerneth
the
Sea
,
is
the
Law
of
Marque
and
Reprizal
,
granted
to
such
of
the
people
of
this
Nation
as
are
pillaged
by
Sea
,
by
such
as
have
the
King's
Conduct
,
or
publick
Truce
.
This
was
grounded
upon
the
Statute
of
Magna
Charta
,
Free
Trade
,
which
had
been
prejudiced
by
the
rigour
of
the
Conservators
of
the
Truce
,
against
the
Kings
Subjects
;
although
what
was
by
them
done
,
was
done
in
their
own
defence
.
And
by
which
means
the
Foreigners
were
become
bold
to
transgress
,
and
the
English
fearful
in
their
own
Charge
;
and
many
laid
aside
their
Trade
by
Sea
,
and
thereby
the
strength
of
the
Kingdom
was
much
impaired
.
Nor
is
the
equity
of
this
Law
to
be
questioned
;
for
if
the
Magistrate
upon
complaint
made
grants
not
relief
,
the
offence
becomes
publick
,
and
the
Nation
chargeable
,
in
nature
of
an
Accessory
after
the
Fact
,
and
so
the
next
man
liable
to
give
satisfaction
,
and
to
seek
for
relief
at
home
.
The
King
then
hath
a
power
to
grant
Letters
of
Marque
by
Sea
or
Land
,
and
this
power
is
granted
by
Parliament
;
and
this
power
is
a
limited
power
onely
in
particular
cases
,
in
regard
that
many
times
these
prove
in
nature
of
the
first
light
skirmishes
of
a
general
War
.
Two
other
instances
yet
remain
concerning
the
Order
and
Government
of
the
Souldiers
in
the
Army
;
the
one
concerning
the
Souldiers
pay
,
Viz.
That
Captains
shall
not
abate
the
Souldiers
Wages
,
but
for
their
Clothing
,
under
peril
of
Fine
to
the
King.
The
other
concerning
the
Souldiers
service
,
That
they
shall
not
depart
from
their
Colours
without
leave
,
before
the
time
of
their
service
be
expired
,
unless
in
case
of
sickness
,
or
other
good
cause
testified
and
allowed
by
the
Captain
;
and
such
as
shall
do
otherwise
,
shall
suffer
as
Felons
.
Which
Laws
could
not
have
holden
in
force
,
had
they
not
been
made
by
Parliament
,
in
respect
that
the
penalties
concern
the
Estates
and
Lives
of
men
,
which
are
not
to
be
invaded
but
by
the
Law
of
the
Land
.
So
as
both
Captains
and
Souldiers
,
as
touching
the
Legislative
power
,
are
not
under
the
King
in
his
personal
capacity
,
but
under
the
Law
of
the
Parliament
.
Lastly
,
As
the
rule
of
War
was
under
the
Legislative
power
of
the
Parliament
,
so
was
the
rule
of
Peace
:
for
whilst
Henry
the
Sixth
was
in
France
,
which
was
in
his
Tenth
year
,
from
St.
George's
day
till
February
following
;
the
Scots
propound
terms
of
Peace
to
the
Duke
of
Gloucester
,
he
being
then
Custos
Regni
;
CHAP.
XXIII
.
A
Survey
of
the
Reigns
of
Edward
the
Fourth
,
Edward
the
Fifth
,
and
Richard
the
Third
.
THe
Reign
of
Henry
the
Sixth
,
was
for
the
most
part
,
in
the
former
parts
of
it
,
like
Fire
buried
up
in
the
Ashes
;
and
in
the
latter
parts
,
breaking
out
into
a
Flame
:
In
the
heat
whereof
,
the
Duke
of
York
,
after
Fealty
given
by
him
to
Henry
the
Sixth
,
and
Dispensation
gotten
from
the
Pope
to
break
his
Faith
,
lost
his
life
;
and
left
his
Son
the
Markgrave
to
pursue
his
Title
to
the
Crown
;
which
he
claimed
by
Inheritance
,
but
more
especially
by
Act
of
Parliament
made
upon
the
agreement
between
Henry
the
Sixth
and
his
Father
.
This
was
Edward
the
Fourth
,
who
nevertheless
reserved
himself
to
the
Election
of
the
Lords
,
and
was
by
them
received
,
and
commended
to
the
Commons
in
the
Field
.
By
which
means
he
gaining
the
possession
,
had
also
encouragement
to
maintain
the
same
;
yet
never
held
himself
a
King
of
full
Age
,
so
long
as
Henry
the
Sixth
lived
,
which
was
the
one
half
of
his
Reign
.
Nor
did
he
,
though
he
held
many
Parliaments
,
scarce
reach
higher
than
at
reforming
of
Trade
;
which
was
a
Theam
well
pleasing
to
the
people
,
next
unto
their
Peace
,
which
also
the
King
carefully
regarded
.
For
although
he
had
been
a
Souldier
of
good
experience
,
and
therewith
successful
,
yet
as
one
loath
to
trust
too
far
,
either
the
constancy
of
the
people
of
his
own
Opinion
,
or
the
fortune
of
War
with
his
neighbouring
Princes
,
he
did
much
by
brave
countenance
and
discourse
:
and
yet
gained
repute
to
the
English
for
valour
,
after
the
dishonourable
times
of
Henry
the
Sixth
.
He
had
much
to
do
with
a
wise
King
of
France
,
that
knew
how
to
lay
out
three
or
four
calm
words
at
any
time
,
to
save
the
adventure
of
his
peoples
bloud
;
and
make
a
shew
of
money
,
to
purchase
the
peaceable
holding
of
that
which
was
his
onely
by
force
,
until
the
wind
proved
more
fair
to
bring
all
that
continent
under
one
head
.
In
his
Government
at
home
,
he
met
with
many
cross
Gales
,
occasioned
principally
by
his
own
rashness
,
and
neglect
of
the
Earl
of
Warwick's
approved
friendship
,
which
he
had
turned
into
professed
enmity
;
and
so
weakned
his
own
cause
thereby
,
That
for
an
English
King
to
marry
his
own
Subject
,
is
more
safe
for
the
King
,
and
beneficial
for
the
Kingdom
,
than
to
marry
a
Stranger
.
But
Edward
the
Fourth
did
not
long
lie
underneath
;
upon
the
next
fair
Gale
,
he
comes
from
beyond
the
Sea
,
and
(
like
his
first
Predecessor
of
the
House
of
Lancaster
)
claims
onely
his
Dutchy
;
which
no
man
could
in
reason
deny
to
be
his
right
,
and
therefore
were
the
sooner
engaged
with
him
in
that
accoust
.
This
was
an
act
that
in
the
first
undertaking
seemed
modest
;
but
when
it
was
done
,
appeared
too
bold
to
adventure
it
upon
the
Censure
of
Henry
the
Sixth
;
and
therefore
they
were
not
more
ready
to
engage
,
than
slack
to
dis-engage
,
till
they
were
secure
in
the
Kings
Interest
;
which
not
long
after
ensued
,
by
the
death
of
Henry
the
Sixth
.
Thus
Edward
the
Fourth
recovered
the
Crown
,
to
save
his
Dutchy
.
His
Government
was
not
suitable
:
for
he
came
in
by
the
People
,
but
endeavoured
to
uphold
himself
by
Foreign
Dependencies
;
as
if
he
desired
to
spread
his
Roots
rather
wide
than
deep
.
How
ill
this
Choice
was
,
the
event
shewed
:
for
Plants
that
root
wide
,
may
be
strong
enough
against
an
outward
Storm
;
but
they
soon
grow
old
,
barren
,
and
rot
irrecoverably
from
beneath
.
Such
was
the
end
of
this
mans
Government
;
himself
lived
and
died
a
King
,
and
left
Issue
both
Male
and
Female
;
the
one
tasted
the
Government
,
the
other
kissed
it
;
but
neither
of
them
ever
enjoyed
further
than
a
bare
Title
.
Nor
was
the
Government
of
Edward
the
Fourth
so
secured
by
the
Engagements
of
Foreigners
:
Privy
Seal
,
and
take
Tunnage
and
Poundage
by
way
of
hire
.
penal
Laws
,
which
are
a
remedy
if
they
be
used
Ad
terrorem
;
but
if
strained
beyond
that
,
the
Remedy
proveth
worse
than
the
Disease
.
In
their
first
institution
,
they
are
forms
of
courtesie
from
the
people
to
the
King
;
but
in
the
rigorous
execution
of
them
,
are
trials
of
mastery
of
the
King
over
the
people
,
and
are
usually
laid
up
against
days
of
reckoning
between
the
Prince
and
them
.
Those
penal
Laws
are
best
contrived
,
that
with
the
greatest
terrour
to
the
Delinquent
,
bring
the
least
profit
to
the
King's
Coffers
.
Once
for
all
,
this
King's
Acts
were
many
,
his
Enterprizes
more
,
but
seldom
attaining
that
end
which
they
faced
.
He
was
a
man
of
War
,
and
did
more
by
his
Fame
than
his
Sword
;
was
no
sooner
resolved
in
good
earnest
,
but
he
died
,
left
a
Kingdom
unassured
,
his
Children
young
,
and
many
friends
in
shew
,
but
in
truth
very
few
.
Now
,
if
ever
,
was
the
Kingdom
in
a
Trance
.
Edward
the
Fourth
left
a
Son
,
The
Kings
mind
being
delivered
from
fear
of
the
Sons
of
Edward
the
Fourth
,
now
dead
,
torments
himself
with
thoughts
of
his
Daughter
alive
:
ashamed
he
is
of
Butchery
of
a
Girl
;
he
chuseth
a
conceit
of
Bastardizing
the
Children
of
Elizabeth
Gray
,
Elizabeth
Gray
is
now
undoubted
Wife
of
Edward
the
Fourth
,
and
her
eldest
Daughter
as
undoubted
Heir
to
the
Crown
.
And
so
the
King
will
now
be
contented
to
adventure
himself
into
an
incestuous
Marriage
with
her
,
if
his
own
Queen
were
not
in
the
way
,
onely
to
secure
the
Peace
of
the
Kingdom
;
which
he
,
good
King
,
was
bound
in
Conscience
to
maintain
,
though
with
the
peril
of
his
own
Soul
;
and
in
this
zeal
of
Conscience
,
his
Queen
soon
went
out
of
the
way
,
and
so
Love
is
made
to
the
young
Lady
.
But
Henry
Earl
of
Richmond
was
there
before
;
and
the
Lady
warily
declined
the
choice
,
till
the
golden
Apple
was
won
,
which
was
not
long
after
accomplished
;
the
King
losing
both
the
Lady
,
his
Crown
,
and
own
Life
together
,
put
an
end
to
much
wickedness
,
and
had
the
end
thereof
in
Bosworth-Field
.
CHAP.
XXIV
.
Of
the
Government
in
relation
to
the
Parliament
.
THe
seasons
now
in
Tract
were
of
short
continuance
;
lives
passed
away
more
speedily
than
years
;
and
it
may
seem
useless
to
enquire
what
is
the
nature
of
the
Government
in
such
a
time
,
whenas
the
greatest
work
was
to
maintain
Life
and
Soul
together
;
and
when
all
is
done
,
little
else
is
done
.
For
though
the
Title
of
the
House
of
York
was
never
so
clear
against
that
of
Lancaster
;
yet
it
had
been
so
long
darkned
with
a
continual
●uccession
of
Kings
of
the
Red
Rose
,
that
either
by
their
Merit
had
gained
a
Throne
in
the
peoples
Hearts
,
or
by
their
Facility
had
yielded
their
Throne
up
to
the
peoples
will
,
as
it
proved
not
easie
to
convince
them
that
liked
well
their
present
Lot
,
and
were
doubtful
of
change
;
or
to
make
them
tender
of
the
right
of
Edward
the
Fourth
above
their
own
quiet
.
Above
Threescore
years
now
had
England
made
trial
of
the
Government
of
the
Lancastrian
Princes
,
and
thereof
about
Thirty
years
experience
had
they
of
Henry
the
Sixth
;
they
saw
he
was
a
gentle
Price
.
On
the
other
side
,
Edward
the
Fourth
,
newly
sprung
up
out
of
a
Root
watered
with
blood
,
himself
also
a
man
for
the
Field
.
This
might
well
put
the
minds
of
the
people
to
a
stand
,
what
to
think
of
this
Man
,
whose
Nature
and
ends
are
so
doubtful
,
and
brought
nothing
to
commend
him
to
the
good
wills
of
the
people
,
but
his
bare
Title
;
which
the
common
sort
usually
judge
of
,
according
as
they
see
it
prosper
more
or
less
.
Add
hereunto
,
that
Divine
Providence
did
not
so
clearly
,
nor
suddenly
,
determine
his
secret
purpose
concerning
this
change
,
by
any
constant
success
to
either
part
;
by
means
whereof
,
the
one
half
of
Edward
the
Fourth's
Reign
was
spent
,
while
as
yet
Henry
the
Sixth
was
in
view
,
and
the
minds
of
men
left
unassured
,
neither
trusting
much
to
Edward
the
Fourth
,
nor
he
to
them
.
And
after
that
Henry
the
Sixth
was
gone
out
of
the
way
,
Edward
the
Fourth
could
not
readily
change
his
posture
;
used
Arguments
of
force
and
power
,
and
for
the
most
part
,
looked
like
a
man
in
Arms
,
with
his
hand
on
his
Sword
,
ready
to
draw
upon
the
next
man
that
stands
in
his
way
.
Thus
are
the
people
partly
driven
,
an
Idea
of
their
own
fancy
.
Now
if
it
be
enquired
which
course
prevailed
,
in
order
either
to
the
Kings
Royalty
,
or
the
peoples
Liberty
,
I
shall
answer
,
Neither
of
these
:
but
the
House
of
York
prevailed
to
hold
the
Crown
,
and
might
have
advanced
the
Authority
thereof
,
had
they
not
fall'n
out
amongst
themselves
for
the
spoil
;
and
Edward
the
Fourth
was
not
altogether
disposed
thereto
.
The
success
that
he
had
in
the
Field
,
and
his
Souldiery
,
made
him
look
big
like
a
King
of
the
greater
size
;
but
Kings
sleep
not
securely
upon
such
Pillows
.
When
the
Militia
is
on
Horseback
,
it
is
as
ready
to
be
a
Guard
upon
the
King
,
as
for
him
;
and
when
it
is
most
sober
,
not
so
easily
governed
as
a
Commonwealth
.
And
therefore
Edward
the
Fourth
,
now
in
Arms
,
though
he
found
it
a
hard
Notion
to
maintain
the
peoples
Liberty
where
no
man
is
free
from
the
Souldier
,
yet
he
enclined
thereto
.
We
read
of
a
multitude
of
Taxations
of
all
sorts
;
and
of
Benevolences
,
the
worst
of
all
those
sorts
.
For
Souldiers
must
have
money
;
or
if
not
,
they
will
have
it
:
but
the
King
would
not
force
things
so
far
as
his
power
could
reach
;
he
will
have
Money
,
but
it
shall
be
by
order
of
the
Parliament
.
He
might
have
pretended
much
upon
the
Commission
of
Array
;
yet
did
it
not
,
which
was
in
demand
nine
years
before
the
Parliament
granted
it
.
And
when
it
was
granted
,
it
was
with
such
restrictions
,
that
it
is
evident
the
King
preferred
the
right
of
the
Parliament
therein
,
above
his
private
honour
.
Secondly
,
Titles
of
Honour
are
but
windy
Notions
;
and
every
one
knows
what
claim
is
made
by
Kings
,
to
have
the
sole
interest
in
conferring
the
same
.
This
Edward
the
Fourth
neglected
so
far
,
Thirdly
,
The
course
of
Trade
was
now
more
especially
looked
to
,
not
by
the
King
and
Privy
Council
,
but
by
the
Parliament
.
And
because
it
was
much
decayed
,
partly
by
reason
of
the
ill
government
thereof
,
and
partly
by
the
excessive
lavishness
of
these
times
,
many
Laws
are
made
for
remedy
of
both
.
English
Coyn
,
And
as
touching
the
second
grievance
,
it
seems
,
gallantry
or
vanity
of
Apparel
was
a
sore
Disease
of
these
times
,
which
were
become
times
of
Fashions
,
and
wherein
the
King
led
the
way
by
his
own
example
.
For
he
desired
to
be
brave
;
and
that
he
might
be
more
brave
,
Fourthly
,
The
Parliament
retained
their
ancient
right
of
reducing
the
course
of
Judicature
.
For
whereas
Sheriffs
had
hitherto
holden
their
course
of
Trial
of
the
moaner
sort
of
Felonies
,
and
Trespasses
,
and
Offences
,
determinable
onely
by
Imprisonment
,
or
Fines
and
Amerciaments
;
whereby
mens
Estates
did
lie
under
the
continual
pillage
of
these
covetous
and
extorting
Officers
:
For
remedy
hereof
,
Justices
of
the
Peace
have
now
power
given
them
to
Bail
,
in
Case
of
light
suspicion
;
and
it
is
further
declared
,
that
no
mans
Estate
shall
be
first
seized
,
till
Conviction
and
Attainder
first
be
had
.
And
because
Escheators
grew
no
less
burthensome
in
their
way
,
it
was
therefore
ordered
,
that
no
man
shall
be
allowed
in
such
Office
,
unless
he
hath
Lands
to
the
value
of
Twenty
pounds
per
Annum
;
and
that
he
shall
be
responsible
for
such
wrong
done
by
himself
,
Thus
Edward
the
Fourth
quitted
himself
like
a
King
in
many
regards
;
but
soon
ran
himself
out
of
breath
,
gave
his
Lamp
to
his
Son
,
that
was
too
weak
to
hold
it
;
a
Third
snatches
it
away
,
and
for
two
years
carrying
it
exceeding
well
,
yielded
up
all
encroached
Royalty
to
the
people
,
CHAP.
XXV
.
The
condition
of
the
Clergie
.
IF
any
gains
were
had
in
these
uncertain
times
,
the
Church-men
might
seem
to
have
them
;
having
now
this
advantage
,
that
the
Commonalty
was
distracted
with
uncertain
interests
of
the
Succession
of
the
Crown
:
And
themselves
onely
united
under
the
Popedom
,
now
freed
from
all
Schism
;
and
the
Popedom
managed
by
Sixtus
the
Fourth
,
who
had
the
hap
to
be
accounted
more
virtuous
than
any
of
his
Predecessors
had
been
,
and
to
have
all
the
Christian
Princes
And
lastly
,
Both
the
Clergie
and
the
Kings
were
now
joyntly
engaged
against
the
rising
power
of
Religion
,
then
called
Heresie
;
in
order
whereunto
,
the
Clergie
leading
the
way
,
had
the
applause
of
them
that
followed
,
upon
an
implicite
Faith
,
that
whatsoever
was
done
,
was
exceeding
well
done
.
Nor
was
it
wisdom
for
Kings
that
sate
loose
in
their
Thrones
,
to
stumble
the
good
Opinions
of
so
considerable
a
party
towards
them
.
And
therefore
Edward
the
Fourth
,
in
his
first
entrance
,
granted
to
the
Clergie
,
that
which
could
never
be
by
them
obtained
from
any
of
the
foregoing
Kings
,
Viz.
Free
liberty
of
Process
in
all
Cases
Ecclesiastical
,
and
in
Tythes
of
Wood
above
twenty
years
growth
;
and
in
case
they
were
troubled
upon
the
Statutes
of
Provisors
,
they
should
have
their
remedy
in
the
Chancery
against
those
Judges
,
and
their
Proceedings
in
such
Cases
there
to
be
cancelled
.
This
was
done
by
Charter
,
Viz.
At
once
to
favour
the
Church
,
and
under
colour
of
favour
done
to
the
Clergie
,
to
cancel
both
Common
and
Statute-Laws
of
the
Kingdom
,
by
the
power
of
the
Chancellor's
Decree
:
Nevertheless
,
all
this
was
but
the
King's
breath
;
the
policy
changed
never
a
whit
the
more
.
For
the
Common
Law
held
on
its
course
,
not
onely
in
Cases
depending
before
the
Holy
Chair
,
but
also
even
before
the
Bishop
of
the
Diocess
at
home
;
This
is
all
that
I
shall
observe
of
the
Government
of
these
three
Kings
,
whose
Reigns
in
the
whole
,
exceeded
not
Twenty
six
years
;
and
their
compleat
power
therein
,
not
much
above
half
so
many
.
CHAP.
XXVI
.
A
short
sum
of
the
Reigns
of
Henry
the
Seventh
,
and
Henry
the
Eighth
.
THe
course
of
English
policie
hitherto
wandring
in
the
different
Currents
,
springing
from
the
double
head
of
Monarchie
and
Democracie
;
and
in
them
likewise
often
tossed
up
and
down
,
partly
by
the
blasts
of
windy
Titles
and
pretensions
,
and
partly
by
the
raging
Tides
from
the
Roman
See
,
now
begin
to
come
to
anchor
within
view
of
Shore
.
Happy
England
,
if
the
same
prove
good
Harbourage
for
a
fainting
Nation
!
Two
Kings
now
undertake
the
Steerage
;
the
work
of
the
first
,
was
to
still
the
Winds
,
the
other
the
Seas
,
and
so
to
bring
the
Adventure
safe
home
.
Henry
the
Seventh
hapned
upon
a
good
preparative
for
this
work
,
in
that
he
delivered
the
Kingdom
from
a
Tyrant
,
whose
irregular
and
bloody
way
was
so
odious
to
the
people
,
that
it
set
a
foil
upon
his
Successor's
Government
,
and
made
his
Wisdom
,
Valour
,
and
Justice
appear
greater
than
possibly
it
was
.
His
Valour
made
way
for
the
other
two
;
he
had
enough
thereof
to
serve
a
wise
man
in
case
of
extremity
:
at
other
times
he
made
more
use
of
his
Majesty
than
Manhood
;
being
confident
that
the
people
knew
not
where
to
mend
themselves
,
but
would
be
at
his
Devotion
,
so
long
as
he
was
better
than
his
Predecessor
,
though
he
cared
not
how
little
.
His
Wisdom
was
his
greatest
part
,
of
which
,
upon
all
occasions
,
he
made
the
greatest
improvement
he
could
,
without
reflecting
upon
Conscience
,
or
Religion
,
whereof
he
had
tasted
no
more
than
would
render
him
a
civil
man
;
whereunto
his
Education
did
lead
the
way
.
Thus
,
though
his
Valour
brought
him
to
the
Crown
,
yet
it
was
his
Wisdom
that
setled
him
in
the
Throne
.
For
though
he
loved
himself
so
well
;
that
he
was
loth
to
pretend
allowance
of
any
access
of
Foreign
help
to
his
own
atchievement
in
his
Title
,
or
that
he
was
guilty
in
the
least
manner
in
his
entry
upon
the
Throne
;
yet
to
keep
danger
far
off
,
he
provided
one
guard
for
his
Person
,
and
many
for
his
Title
.
That
of
his
Person
,
he
onely
pretended
as
a
ceremony
of
State
brought
from
the
French
Court
;
and
yet
it
is
strange
that
it
went
so
well
down
with
a
Free
people
.
For
that
Prince
that
will
keep
Guards
about
his
Person
in
the
midst
of
his
own
people
,
may
as
well
double
them
into
the
pitch
of
an
Army
,
whensoever
he
pleases
to
be
fearful
;
and
so
turn
the
Royal
power
of
Law
,
into
force
of
Arms.
But
it
was
the
French
fashion
,
and
the
King
's
good
hope
to
have
all
taken
in
the
best
sence
.
His
Title
(
setting
aside
the
saying
of
Philip
the
Hardy
,
That
Kingdoms
onely
belong
to
them
that
can
get
them
)
would
hardly
endure
the
touch
,
Viz.
Of
Inheritance
,
of
War
,
of
Espousals
,
of
Election
,
of
Gift
by
Parliament
,
and
lastly
,
of
Pontifical
Benediction
;
which
the
King
liked
marvelous
well
;
and
the
rather
,
because
his
Title
by
Marriage
was
buried
up
in
the
middle
,
and
so
made
the
less
noise
.
For
though
it
was
his
best
guard
,
yet
he
liked
not
that
it
should
be
so
reputed
,
lest
his
Title
should
seem
rather
conferred
upon
him
,
than
gained
by
him
;
and
so
should
hold
by
a
Woman
,
or
at
the
best
by
the
courtesie
of
England
,
if
the
Peoples
favour
should
so
far
extend
the
Law
in
that
point
;
by
both
which
he
holds
the
honour
of
a
compleat
King
diminished
.
His
Title
by
Inheritance
is
much
disputable
,
if
the
right
Heirs
of
John
of
Gaunt
be
enquired
after
:
And
much
more
that
of
War
;
for
although
that
brought
the
Possession
,
yet
no
right
or
Title
,
but
by
wrong
;
which
may
indeed
be
plaistered
over
by
Election
,
or
Act
of
Parliament
;
but
then
he
must
be
Tenant
to
the
People
.
As
touching
the
Pontifical
Benediction
,
himself
took
that
but
as
a
redundancy
,
that
might
sway
with
the
Clergie
,
and
do
his
Title
no
hurt
.
Nevertheless
,
what
severally
they
cannot
do
,
by
joynt
concurrence
he
accounts
so
fully
done
,
as
if
he
were
a
King
against
all
the
World
,
Malevolences
of
Penal
Laws
;
things
made
in
terrorem
,
to
scare
men
to
obedience
,
rather
than
to
compel
them
;
but
are
now
executed
Ad
angorem
;
and
the
people
find
that
he
is
but
a
word
and
a
blow
with
them
:
and
thus
,
serving
his
Prerogative
with
Power
,
and
his
Purse
with
his
Prerogative
,
he
made
all
serve
his
own
turn
,
Humanitatem
omnem
vincente
periculo
.
In
the
Field
he
always
put
his
Wisdom
in
the
Van
;
for
as
he
was
parsimonious
in
expences
of
Money
,
so
much
rather
of
Bloud
,
if
he
could
prevail
by
Wit
.
Generally
he
was
the
first
in
Arms
,
to
make
men
believe
he
was
more
ready
to
fight
than
they
.
Thus
he
many
times
gained
the
advantage
of
his
Adversaries
,
and
sometimes
came
off
without
blows
.
In
the
Battle
he
did
put
on
courage
as
he
did
his
Armour
,
and
would
dare
to
adventure
just
as
far
as
a
General
should
;
as
if
he
had
ever
regard
of
his
Crown
,
rather
than
of
the
honour
of
a
forward
Souldier
;
which
nevertheless
was
also
so
dear
to
him
,
as
he
is
seldom
found
in
the
Rear
,
although
his
Judgement
commanded
in
chief
,
rather
than
his
Courage
.
In
the
Throne
he
is
much
more
wise
,
because
he
was
willing
it
should
be
known
.
In
doing
Justice
he
is
seldom
suspected
,
unless
where
himself
is
party
;
and
yet
then
he
is
also
so
shame-faced
,
as
he
would
ever
either
stalk
behind
some
Law
that
had
a
semblance
to
his
ends
,
or
when
he
meant
to
step
out
of
the
way
,
he
would
put
his
Ministers
before
;
not
so
much
that
his
fineness
might
be
known
,
but
his
Royalty
.
For
the
Lion
hunts
not
its
own
prey
,
nor
is
it
Regal
for
a
King
to
be
seen
in
catching
of
Money
,
though
he
be
understood
.
Besides
,
it
was
needless
;
he
had
Lords
,
Bishops
,
Judges
,
and
other
instruments
of
malevolent
aspects
,
as
so
many
Furies
,
outwardly
resembling
men
for
the
Commonwealth
,
but
working
for
the
common
mischief
;
like
some
Pictures
,
one
way
looking
right
,
and
another
way
looking
wrong
.
And
thus
the
King
comes
lawfully
by
what
he
catched
,
though
his
instruments
did
not
;
and
must
be
still
holden
for
a
good
King
,
though
it
be
his
hard
hap
to
have
ill
servants
.
Take
him
now
amongst
the
people
,
he
is
alike
to
all
,
yea
in
some
things
that
might
seem
to
brush
upon
the
King
's
own
train
;
for
he
had
some
of
his
suit
that
were
not
altogether
of
his
mind
,
and
these
he
would
spare
to
the
course
of
Justice
if
need
were
.
As
it
befel
in
the
case
of
the
Duke
of
Suffolk
,
whom
he
suffered
to
be
tried
at
the
Kings
Bench-bar
,
for
a
Murder
done
upon
a
mean
person
,
and
by
such
means
obtained
the
repute
of
a
zealous
Justiciar
;
as
if
Justice
had
been
his
principal
vertue
.
All
this
suited
well
with
his
main
end
;
for
he
that
will
milk
his
Cattle
,
must
feed
them
well
;
and
it
encourages
men
to
gather
and
lay
up
,
when
they
have
Law
to
hold
by
what
they
have
.
His
Religion
,
I
touch
upon
in
the
last
place
,
as
most
proper
to
his
temper
;
for
it
was
the
last
in
his
thought
,
though
many
times
the
first
in
the
acting
.
But
where
it
stood
in
his
way
,
he
turned
it
behind
him
;
he
made
Church-men
his
instruments
,
that
the
matter
might
better
relish
;
for
who
will
expect
ought
save
well
from
men
of
Religion
?
and
then
if
the
worst
come
,
he
was
but
misled
by
such
,
as
in
common
reason
ought
to
be
trusted
.
And
it
is
his
unhappiness
to
meet
,
with
Clergy-men
to
serve
a
turn
,
and
a
Pope
to
give
his
Benediction
to
all
.
Nor
was
this
Gratis
;
for
there
were
as
many
mutual
engagements
between
the
Clergie
and
him
,
as
any
of
his
Predecessors
of
the
House
of
Lancaster
besides
.
Lastly
,
It
may
well
be
supposed
,
however
wise
this
King
seemed
to
be
,
that
many
saw
through
him
;
which
procured
him
a
troublesome
Reign
;
though
many
times
occasioned
by
his
own
interposing
in
Foreign
Interests
,
wherein
he
suffered
more
from
others
than
they
from
him
.
Amongst
the
rest
,
the
Dutchess
of
Burgundy
(
though
a
Woman
she
were
)
mated
him
with
Phantomes
and
Apparitions
of
dead
Bodies
of
the
House
of
York
;
the
scare
whereof
put
the
King
and
all
his
people
in
alarm
;
and
striking
at
idle
shadows
,
slew
one
another
.
All
which
,
together
with
the
appearances
of
Collections
,
Taxes
,
and
other
accoutrements
to
furnish
such
employments
,
were
enough
to
disturb
that
ease
and
rest
that
the
King
aimed
to
enjoy
;
make
him
burthensome
to
his
people
,
and
both
himself
and
them
weary
of
each
other
.
And
so
he
went
down
to
the
Grave
with
but
a
dry
Funeral
;
leaving
no
better
testimonie
behind
him
,
than
that
he
was
a
cunning
man
,
rather
than
a
wise
English
King.
And
though
he
died
rich
,
yet
is
he
since
grown
into
debt
to
the
Pen-men
of
his
story
,
that
by
their
own
excellencie
have
rendred
him
a
better
King
than
he
was
.
Henry
the
Eighth
was
a
Conception
in
whom
the
two
Bloods
both
of
York
and
Lancaster
did
meet
,
His
Wisdom
served
him
to
espie
present
opportunities
,
rather
than
to
foresee
them
;
and
therefore
was
not
so
crafty
as
his
Father
in
preventing
occasions
,
yet
more
dexterous
in
giving
them
the
rout
.
For
he
could
manage
his
hand
and
foot
better
than
his
Father
,
strike
downright
blows
;
and
rather
than
he
would
fail
of
his
ends
,
would
make
one
,
as
many
times
he
did
.
Another
advantage
he
had
of
his
Father
:
for
considering
the
times
,
he
was
a
learned
King
,
which
made
his
Actions
carry
more
Majestie
,
and
like
a
well-feathered
Arrow
from
a
strong
had
,
drive
through
the
wind
steadily
to
the
mark
:
Whenas
his
Father
,
like
a
weak
Archer
,
must
raise
his
compass
,
and
crave
aid
of
the
Wind
to
help
him
to
be
right
in
the
end
.
It
is
affirmed
by
some
,
that
Henry
the
Eighth
was
courteous
,
and
debonair
;
if
so
,
he
must
thank
his
Education
:
but
it
may
be
rather
supposed
,
that
upon
occasion
he
used
the
art
of
Insinuation
,
which
he
might
learn
both
from
the
Father-side
and
Mother-side
;
but
he
neither
practised
it
much
,
nor
did
he
rely
upon
that
skill
;
for
his
resolution
led
him
to
cut
the
knot
that
he
could
not
untie
.
His
Learning
led
him
most
to
Divinity
,
and
therein
shewed
him
light
enough
to
see
much
into
the
Mystery
of
Iniquity
,
which
he
did
explain
to
the
World
passing
well
;
but
as
touching
Devotion
,
he
left
that
to
the
care
of
the
Church-men
.
He
was
very
well
accommodated
with
Money
:
First
,
from
the
full
Coffers
left
by
his
Father
,
much
whereof
he
spent
in
Pastimes
and
Gallantry
,
as
he
was
Heir
to
Edward
the
Fourth
;
and
much
also
in
his
Devotion
to
the
Pope
,
as
he
was
Heir
to
Henry
the
Seventh
;
in
lieu
of
all
which
,
he
was
rewarded
with
a
Title
,
Defender
of
the
Faith
;
and
so
of
much
ill
gotten
,
was
much
ill
spent
.
But
a
better
supply
he
had
when
Rome
and
he
parted
asunder
,
and
the
Current
of
the
Riches
of
the
Clergie
was
stopped
from
running
at
waste
,
and
returned
into
the
Kings
own
Treasury
;
and
so
might
have
died
the
richest
Prince
in
the
World
,
but
that
he
wanted
the
main
Clause
in
the
Conveyance
,
To
have
and
to
hold
.
The
Wisdom
of
God
so
ordered
it
;
for
these
felicities
were
too
great
and
many
for
any
moderate
spirit
to
bear
gently
,
much
more
for
the
King's
Spirit
,
that
was
ever
on
the
Pinacle
,
and
grown
to
that
height
,
that
like
an
embossed
Stag
,
none
must
cope
with
him
,
he
must
run
and
out-run
all
;
none
must
cross
him
under
extream
peril
;
no
good
is
to
be
done
,
but
by
following
afar
off
.
Nor
is
it
a
full
wonder
,
if
in
this
his
heat
he
knows
neither
faithful
Servant
,
Counsellor
,
nor
Wife
,
but
strikes
at
all
that
stands
in
his
way
.
Nevertheless
,
in
his
cool
temper
,
and
when
he
was
entangled
with
some
perplexed
occasion
,
he
could
use
the
advantage
of
good
Counsel
,
and
the
wits
of
others
that
were
more
crafty
than
himself
.
Wherein
it
was
his
good
hap
to
have
some
ever
nigh
him
that
were
for
his
turn
,
and
unto
them
committed
much
,
that
himself
might
be
at
ease
to
hear
good
news
of
successful
dispatches
.
In
his
youth
he
was
served
by
the
wise
Counsellors
trained
up
by
his
Father
;
and
he
then
willingly
enough
,
for
his
pleasure
,
was
contented
by
their
advice
to
serve
his
people
for
a
time
,
that
they
might
be
his
Servants
for
ever
.
The
two
great
Conduit-Pipes
of
this
Treasury
,
which
he
had
from
his
Father
,
he
cut
off
at
his
peoples
request
,
as
if
he
loved
his
People
above
all
his
Riches
.
And
after
that
,
he
laid
aside
his
pleasures
and
youthful
company
,
to
apply
himself
more
closely
to
the
affairs
of
his
Kingdom
,
as
if
he
loved
that
above
all
pleasure
:
which
nevertheless
stuck
to
him
so
long
as
he
lived
,
and
swayed
too
much
in
the
greatest
Affairs
of
his
Government
.
Thus
the
first
heat
of
his
course
was
run
well
,
so
long
as
the
Privy
Council
continued
moderately
poised
.
But
no
sooner
began
one
of
them
to
put
up
beyond
his
place
,
and
to
bid
adieu
to
the
advice
of
all
the
rest
,
but
he
gets
the
uppermost
seat
in
the
King's
Head
,
makes
a
Foot-stool
of
the
King's
Heart
,
and
then
it
is
two
to
one
that
the
people
in
such
cases
must
bear
the
greater
burthen
:
For
whoever
first
said
it
,
he
said
most
true
,
That
Prerogative
in
the
hand
of
a
King
,
is
a
Scepter
of
Gold
;
but
in
the
hand
of
a
Subject
,
it
is
a
Rod
of
Iron
.
The
Reign
of
this
King
Henry
the
Eighth
,
serves
us
with
much
experience
of
this
kind
;
for
if
the
consideration
of
the
Affairs
of
this
Government
should
be
divided
,
the
same
would
be
double
:
the
one
under
the
Regiment
of
Cardinal
Wolsey
;
the
other
of
the
King
,
by
Cromwel
,
Cranmer
,
Gardiner
,
and
others
interchangeably
.
I
call
that
of
Wolsey
a
Regiment
;
for
he
was
in
the
nature
or
condition
of
a
Pro-Rex
,
during
the
Kings
Juvenility
.
This
fortune
thus
super-induced
upon
a
Cardinal
,
(
raised
from
mean
degree
to
be
Legate
à
Latere
,
courted
by
Foreign
Princes
,
No
pride
like
to
that
of
the
Clergie
,
whose
parts
are
more
sublime
,
and
apprehensions
clear
.
If
God
addeth
not
a
superiour
Work
to
rule
over
all
,
a
little
honour
will
blow
up
all
with
powder
.
The
King
having
thus
matched
the
Cardinal
,
forgot
his
former
natural
pace
;
and
once
in
a
heat
,
could
cool
no
more
till
death
cooled
him
.
He
knew
by
experience
,
that
the
Cardinal
could
over-awe
the
people
;
why
should
not
the
King
do
as
much
?
if
the
Lords
stooped
to
the
Cardinal
,
why
not
much
rather
to
the
King
?
The
Cardinal
pulled
down
,
reared
up
,
turned
square
to
round
;
why
should
he
be
less
than
his
Subjects
?
Such
conceits
as
these
soon
wound
up
the
Kings
mind
to
that
height
,
that
it
is
death
to
him
to
stoop
one
inch
lower
to
more
moderate
advice
,
though
he
loved
their
persons
never
so
well
:
but
all
must
be
content
with
the
weight
of
his
arm
,
though
it
were
no
small
one
;
and
yet
in
point
of
Religion
,
affairs
tended
to
a
kind
of
Reformation
all
this
while
.
CHAP.
XXVII
.
Of
the
State
of
the
Crown
.
THat
the
Crown
of
England
now
abounded
more
in
Flowers
than
Crosses
,
the
Face
of
Story
doth
hold
forth
to
ordinary
Observation
;
and
yet
few
are
satisfied
,
either
in
the
true
nature
of
the
particular
advantages
,
or
in
the
manner
how
they
were
obtained
,
or
in
the
continuance
.
I
must
therefore
make
a
little
stop
upon
them
,
because
in
the
true
discerning
of
them
,
the
discovery
of
the
nature
of
the
Government
in
latter
days
doth
much
depend
.
Hitherto
the
Crown
came
short
of
absolute
power
over
the
people
,
upon
two
grounds
in
observation
:
one
relating
to
the
Clergie
,
the
other
to
the
Laity
.
The
Church-men
were
heretofore
under
a
Foreign
power
,
and
a
Foreign
Law
;
against
which
,
Kings
durst
not
deeply
engage
:
either
not
being
assured
of
their
own
Title
,
or
employed
in
pursuit
of
other
game
;
or
being
of
a
weak
Spirit
,
were
scared
with
the
Thunder-bolt
of
the
Pope's
Curse
.
But
the
Laity
were
under
another
Law
,
and
such
an
one
,
as
by
clear
and
unquestionable
Custom
,
had
established
bounds
,
between
the
way
of
Kings
,
and
the
Rights
of
the
People
.
Neither
did
Kings
directly
invade
those
Borders
,
either
led
thereto
by
a
kind
of
Conscience
in
such
of
them
as
were
morally
enclined
,
or
in
others
by
a
kind
of
fear
of
raising
up
Earthquakes
from
beneath
,
which
commonly
do
overthrow
high
Towers
sooner
than
Winds
from
above
.
But
now
such
interests
are
laid
aside
,
fast
asleep
,
by
two
Kings
:
Whereof
one
cared
not
much
for
Fear
,
and
neither
of
them
for
Conscience
.
For
Henry
the
Seventh
,
having
leisure
to
study
the
Nature
,
and
contemplate
the
Fashion
of
the
English
Crown
,
dislikes
the
Model
in
some
particulars
.
It
was
not
rich
enough
,
nor
well
poised
to
his
mind
,
which
ever
was
,
not
to
be
poor
,
but
towards
his
latter
time
to
be
exceeding
rich
;
as
supposing
that
to
be
the
onely
way
to
be
more
desirable
to
Friends
,
formidable
to
Enemies
,
and
absolute
over
his
People
.
And
this
opinion
of
his
missed
in
the
main
end
,
though
it
attained
his
immediate
desire
.
For
by
mistaking
the
right
way
,
it
made
a
rich
King
,
but
not
a
rich
Crown
.
He
delighted
more
in
the
riches
of
his
People
,
than
in
a
rich
People
:
And
this
bred
no
good
blood
,
because
the
People
thought
that
the
Law
was
not
on
his
side
in
that
matter
.
They
suffered
him
to
visit
their
Purses
;
but
are
loth
it
should
prove
customary
,
lest
they
should
lose
their
Common
Right
.
They
therefore
chose
rather
to
give
him
power
by
Act
of
Parliament
,
to
revoke
Letters-Patents
,
and
Grants
,
and
make
resumptions
of
Offices
,
Fees
,
Annuities
,
and
the
like
;
that
he
might
rather
repossess
his
own
,
than
possess
theirs
.
Many
Penal
Laws
likewise
of
a
limited
and
Temporary
regard
are
made
;
and
as
Cheese
after
a
full
Dinner
,
they
close
up
all
with
Subsidies
.
For
it
was
evident
to
all
men
,
that
the
Royal
mind
of
the
King
served
no
further
than
to
take
what
was
given
;
provided
that
the
People
would
give
,
what
else
would
be
taken
.
By
this
means
Henry
the
Seventh
left
rich
Coffers
to
descend
to
Henry
the
Eighth
,
but
the
Crown
was
still
the
same
in
price
.
In
this
Act
of
the
Play
,
the
People
carry
away
the
plaudite
.
The
second
Act
was
the
point
of
Allegiance
,
wherein
both
parts
carry
themselves
so
cunningly
,
as
it
is
hard
to
adjudge
the
Garland
;
yet
it
may
be
thought
the
King
observed
it
rather
,
because
he
offered
all
the
play
,
whilst
the
People
did
onely
lie
at
their
close
guard
.
The
whole
project
consisted
in
this
,
to
gain
a
more
absolute
Allegiance
from
the
English
to
their
King.
And
because
this
is
exemplified
partly
in
War
,
and
partly
in
Peace
,
that
part
which
concerneth
War
,
will
more
properly
fall
under
the
consideration
of
the
Militia
:
and
therefore
I
shall
refer
the
same
to
that
head
,
in
the
32
Chapter
ensuing
;
and
will
come
to
the
second
consideration
of
Allegiance
in
relation
to
Peace
,
and
therein
touch
upon
the
Kings
power
in
making
of
Laws
,
and
of
Judicature
according
to
those
Laws
.
As
touching
the
making
of
Laws
,
the
ingenuity
of
Henry
the
Seventh
,
could
not
suffer
him
to
make
any
claim
thereto
in
any
positive
way
;
yet
his
actions
declare
that
his
heart
was
that
way
.
For
being
beset
with
troubles
,
he
could
often
fancy
dangers
,
and
arm
himself
;
then
call
a
Parliament
,
who
were
wise
enough
to
grant
as
readily
as
he
asked
,
rather
than
to
be
compelled
thereto
.
So
he
had
Laws
made
according
to
his
own
Will
,
though
he
made
them
not
.
The
matter
of
Judicature
comes
next
;
and
therein
he
made
his
Judges
appear
,
and
not
himself
;
though
they
did
not
onely
represent
his
person
,
but
his
mind
:
so
things
were
done
according
to
his
mind
,
though
he
did
them
not
.
And
thus
his
Excellency
seemed
more
eminent
in
finding
and
making
instruments
fitting
to
do
his
work
,
than
in
doing
his
own
work
.
Nevertheless
,
all
this
was
but
from
hand
to
mouth
;
no
Fundamental
Law
is
altered
all
this
while
:
If
the
Laws
were
made
by
Parliament
,
the
King
made
them
not
:
If
the
Judges
turned
the
Law
to
the
King's
ear
,
the
Law
was
still
the
Crown
,
though
the
King
wore
it
.
But
Henry
the
Eighth
was
no
such
man
,
he
had
not
this
skill
of
undermining
,
nor
desired
it
;
he
was
tender
of
the
least
diminution
of
his
Honour
,
industrious
in
finding
out
the
occasion
,
and
a
most
resolved
man
to
remove
it
out
of
the
way
,
though
it
reached
as
high
as
the
Triple
Crown
.
A
man
underneath
many
passions
,
but
above
fear
.
What
need
he
care
for
pretences
?
his
Father
loved
Riches
,
he
Power
.
When
he
came
to
traverse
his
ground
,
he
found
quickly
where
the
Church-men
trespassed
upon
him
;
and
began
with
them
,
resting
upon
the
wisdom
of
his
Father
,
and
the
infallibility
of
the
Pope
.
Henry
the
Eighth
had
taken
to
Wife
Katherine
his
Brothers
Dowager
,
and
continued
in
that
condition
Eighteen
years
without
wrinkle
of
Fame
,
till
the
great
Success
of
Charles
the
Fifth
,
the
Queens
Brother
,
against
the
Pope
and
French
,
scared
the
King
into
a
jealousie
of
his
greatness
;
and
the
Emperour
's
failing
in
courtesie
to
Cardinal
Wolsey
,
the
King
's
Achates
,
stirred
the
Cardinals
spirit
to
revenge
,
for
the
loss
of
his
hopes
in
the
Popedom
.
For
the
Cardinal
finding
the
King's
mind
to
linger
after
another
Bedfellow
,
by
whom
he
might
have
a
Son
,
he
made
the
French
Embassadour
his
Instrument
to
mind
the
King
of
his
unlawful
Marriage
with
the
Queen
,
and
to
mention
unto
him
Margaret
D'
Alanson
a
Princess
of
France
,
Anne
Bullen
,
First
,
Between
Charles
the
Fifth
,
and
afterwards
between
the
Dauphine
and
the
Lady
Mary
,
The
King
thus
entred
the
Lists
both
against
Pope
and
Cardinal
now
under
Praemuniri
,
(
whereof
he
died
)
meets
the
English
Clergie
(
thus
losing
their
Top-gallant
)
standing
up
in
the
Reer
against
him
,
and
talking
at
large
.
Nevertheless
,
the
King
stops
not
his
career
,
puts
them
to
the
rout
for
maintaining
the
power
Legatine
.
They
soon
submit
,
crave
pardon
,
give
a
sum
of
Money
,
and
perfume
their
Sacrifice
with
that
sweet
Incense
of
Supream
Head
of
the
Church
of
England
.
First
,
That
the
King
of
England
is
Supream
Head
in
rendring
Justice
within
the
Nation
in
all
Causes
therein
arising
;
which
is
more
than
the
Recognizance
of
the
Clergie
,
two
years
before
this
Act
,
did
hold
forth
.
Yet
this
acknowledgement
is
not
absolute
,
but
in
opposition
to
Forein
pretensions
.
Secondly
,
That
the
Clergie
in
England
having
power
,
may
in
matters
Spiritual
determine
all
doubts
without
Forein
help
,
and
administer
such
Duties
as
to
their
place
do
belong
.
Not
hereby
determining
that
the
Church-men
ever
had
such
power
by
Law
,
nor
that
they
ought
originally
to
have
such
power
.
They
never
had
it
;
for
no
sooner
were
they
dis-joyned
from
the
Laity
in
these
affairs
,
but
immediately
they
were
under
the
Pope
,
and
received
their
power
from
him
.
And
,
de
Jure
,
they
cannot
challenge
such
power
,
but
by
a
positive
Law
,
such
as
this
Law
of
Henry
the
Eighth
,
which
also
giveth
but
a
restrictive
and
limited
power
,
viz.
In
matters
Testamentary
,
of
Divorce
,
Matrimony
,
Tythes
,
Oblations
,
and
Obventions
.
So
as
if
they
will
challenge
such
power
,
they
must
thank
the
Parliament
for
it
,
and
use
the
same
accordingly
as
persons
deputed
thereunto
;
and
not
in
their
own
right
,
or
right
of
their
places
.
In
all
this
the
King's
Supremacy
is
but
obscurely
asserted
,
and
rather
by
implication
shewing
what
in
reason
may
be
holden
,
than
by
declaration
of
what
was
;
making
way
thereby
First
,
Into
the
Opinions
of
men
,
before
they
were
enjoyned
to
determine
their
Actions
:
but
within
Two
years
ensuing
,
or
thereabout
,
the
Law
is
made
positive
.
The
King
shall
be
taken
and
accepted
the
onely
Supream
Head
on
Earth
of
the
Church
of
England
;
Which
in
the
Preamble
is
said
to
be
made
to
confirm
what
the
Clergie
in
their
Convocation
formerly
had
recognized
.
The
corpse
of
this
Act
is
to
secure
the
King's
Title
,
the
King's
Power
,
and
the
King's
Profit
.
As
touching
the
King's
Title
,
it
is
said
,
that
in
right
it
did
formerly
belong
to
him
;
which
is
to
be
granted
by
all
,
so
far
as
the
power
is
rightly
understood
.
But
as
touching
the
King's
Profit
,
it
cannot
be
said
that
the
whole
lump
thereof
did
belong
to
the
King
,
because
much
thereof
was
not
so
ancient
,
but
,
De
novo
,
raised
by
the
Pope's
extortion
;
and
therefore
the
true
and
real
profits
are
by
particular
Acts
of
Parliaments
ensuing
,
in
special
words
devolved
upon
him
.
The
nature
of
this
power
is
laid
down
in
this
Statute
under
a
threefold
expression
.
First
,
It
is
a
visitatory
,
or
a
reforming
power
,
which
is
executed
by
enquiry
of
Offences
against
Laws
established
,
and
by
executing
such
Laws
.
Secondly
,
It
is
an
ordinary
Jurisdiction
;
for
it
is
such
as
by
any
Spiritual
Authority
may
be
acted
against
Irregularities
:
And
thus
the
Title
of
Supream
Ordinary
is
confirmed
.
Thirdly
,
It
is
such
a
power
as
must
be
regulated
by
Law
,
and
in
such
manner
as
by
any
Spiritual
Authority
may
lawfully
be
reformed
.
It
is
not
therefore
any
absolute
Arbitrary
Power
;
for
that
belongs
onely
to
the
Supream
Head
in
Heaven
.
Nor
is
it
any
Legislative
Power
;
for
so
the
Law
should
be
the
birth
of
this
power
,
and
his
power
could
not
then
be
regulated
by
the
Law
:
nor
could
every
Ordinary
execute
such
a
power
;
nor
did
Henry
the
Eighth
ever
make
claim
to
any
such
power
,
though
he
loved
to
be
much
trusted
.
Lastly
,
This
Power
was
such
a
Power
as
was
gained
formerly
from
the
King
by
Forein
Usurpation
,
which
must
be
intended
De
rebus
licitis
,
and
once
in
possession
of
the
Crown
,
or
in
right
thereto
belonging
according
to
the
Law.
For
the
King
hath
no
power
thereby
to
confer
Church-livings
by
Provisorship
,
or
to
carry
the
Keys
,
and
turn
the
infallible
Chair
into
an
infallible
Throne
.
In
brief
,
this
power
was
such
as
the
King
hath
in
the
Commonwealth
;
Neither
Legislative
,
nor
Absolute
in
the
executive
,
but
in
order
to
the
Unity
and
Peace
of
the
Kingdom
.
This
was
the
Right
of
the
Crown
which
was
ever
claimed
,
but
not
enjoyed
further
than
the
English
Scepter
was
able
to
match
the
Romish
Keys
.
And
now
the
same
being
restored
by
Act
of
Parliament
,
to
acknowledge
the
King
under
God
supream
head
on
earth
of
the
Church
of
England
,
and
the
Kings
Dominions
,
in
opposition
to
all
forein
Jurisdiction
.
And
lastly
,
by
a
Law
which
bound
all
the
people
to
maintain
the
Kings
Title
of
Defender
of
the
Faith
,
and
of
the
Church
of
England
and
Ireland
,
in
Earth
the
supream
Head
,
under
the
peril
of
Treason
,
in
every
one
that
shall
attempt
to
deprive
the
Crown
of
that
Title
.
We
must
descend
to
particulars
;
for
by
this
it
will
appear
that
these
general
Laws
concerning
the
Kings
refined
Title
,
contained
little
more
than
matters
of
Notion
,
otherwise
than
a
general
bar
to
the
Popes
future
interests
:
And
therefore
the
Wisdom
of
the
State
(
as
if
nothing
had
been
already
done
)
did
by
degrees
parcel
out
by
several
Acts
of
Parliament
the
particular
interests
of
the
Popes
usurped
Authority
,
in
such
manner
as
to
them
seemed
best
.
And
first
,
concerning
the
Legislative
Power
in
Church-Government
.
It
cannot
be
denied
but
the
Pope
,
De
facto
,
had
the
power
of
a
Negative
vote
in
all
Councils
;
and
unto
that
had
also
a
binding
power
in
making
Laws
,
Decrees
,
and
Decretals
out
of
his
own
breast
:
but
this
was
gotten
by
plunder
;
he
never
had
any
right
to
headship
of
the
Church
,
nor
to
any
such
Power
in
right
of
such
preferment
;
nor
was
this
given
to
the
King
as
Head
of
the
Church
,
but
with
such
limitation
and
qualifications
,
that
it
is
evident
it
never
was
in
the
Crown
,
or
rightly
belonging
thereto
.
First
,
Nigh
three
years
after
this
Recognition
by
the
Clergy
in
their
Convocation
,
And
lastly
,
It
is
confirmed
by
Act
of
Parliament
,
That
they
shall
never
make
,
publish
,
or
execute
any
new
Canon
,
or
Constitution
Provincial
,
or
other
,
unless
the
Kings
Assent
and
License
be
first
had
thereto
;
and
the
offences
against
this
Law
,
made
punishable
by
Fine
and
Imprisonment
:
So
as
the
Clergy
are
now
holden
under
a
double
Bond
;
one
the
honour
of
their
Priesthood
,
which
binds
their
Wills
and
Consciences
;
the
other
the
Act
of
Parliament
,
which
binds
their
powers
,
so
as
they
now
neither
will
nor
can
start
.
Nevertheless
,
there
is
nothing
in
this
Law
,
nor
in
the
future
practice
of
this
King
,
that
doth
either
give
or
assert
any
power
to
the
King
and
Convocation
to
bind
or
conclude
the
Clergy
or
the
People
,
without
an
Act
of
Parliament
concurring
,
and
inforcing
the
same
.
And
yet
what
is
already
done
,
is
more
than
any
of
the
Kings
Predecessors
ever
had
in
their
possession
.
A
second
Prerogative
was
a
definite
power
in
point
of
Doctrine
and
Worship
.
that
all
Determinations
,
Declarations
,
Decrees
,
Definitions
,
Resolutions
and
Ordinations
according
to
Gods
Word
,
and
Christs
Gospel
,
by
the
Kings
Advice
and
Confirmation
by
Letters-patent
under
the
Great
Seal
,
at
any
time
hereafter
made
,
and
published
by
the
Archbishops
,
Bishops
,
and
Doctors
now
appointed
by
the
King
,
or
the
whole
Clergie
of
England
,
in
matters
of
the
Christian
Faith
,
and
lawful
Rites
and
Ceremonies
of
the
Same
,
shall
be
by
the
People
fully
believed
and
obeyed
,
under
penalties
therein
comprised
:
Provided
that
nothing
be
done
contrary
to
the
Laws
and
Statutes
of
this
Realm
.
A
Law
of
a
new
birth
,
and
not
an
old
Law
newly
revived
or
restored
.
This
the
present
occasion
,
and
the
natural
constitution
of
the
Law
,
do
fully
manifest
.
The
occasion
was
the
present
perplexity
of
the
people
;
for
instead
of
the
Statute
Ex
officio
,
which
was
now
taken
away
,
Six
Articles
,
commonly
called
the
Six-Stringed
Whip
,
were
gotten
into
power
by
a
more
legal
and
effectual
Original
.
The
Parliament
had
heard
the
cries
of
the
People
concerning
this
;
and
having
two
things
to
eye
at
once
;
In
deposito
of
the
King
and
other
persons
,
that
a
kind
of
Interim
might
be
composed
,
and
the
Church
for
the
present
might
enjoy
a
kind
of
twilight
,
rather
than
lie
under
continual
darkness
,
and
by
waiting
for
the
Sun-rising
,
be
in
a
better
preparation
thereunto
.
For
the
words
of
the
Statute
are
,
That
all
must
be
done
without
any
partial
respect
or
affection
to
the
Papistical
sort
,
or
any
other
Sect
or
Sects
whatsoever
.
Unto
this
Agreement
both
parties
were
inclined
,
by
divers
regards
.
For
the
Romanists
,
though
having
the
possession
,
yet
being
doubtful
of
their
strength
to
hold
the
same
,
if
it
came
to
the
push
of
the
Pike
,
in
regard
that
the
House
of
Commons
wanted
Faith
,
as
the
Bishop
of
Rochester
was
pleased
to
say
,
in
the
House
of
Lords
;
and
that
liberty
of
Conscience
was
then
a
pleasing
Theme
,
as
well
as
liberty
of
Estates
,
to
all
the
People
.
These
men
might
therefore
trust
the
King
with
their
interests
,
having
had
long
experience
of
his
Principles
;
and
therefore
as
Supream
Head
,
they
held
him
most
meet
to
have
the
care
of
this
matter
:
for
still
this
Title
brings
on
the
Van
of
all
these
Acts
of
Parliament
.
On
the
other
side
,
that
party
that
stood
for
Reformation
,
though
they
began
to
put
up
head
,
yet
not
assured
of
their
own
power
,
and
being
so
exceedingly
oppressed
with
the
six
Articles
,
as
they
could
not
expect
a
worse
condition
,
but
in
probability
might
find
a
better
;
they
therefore
also
cast
themselves
upon
the
King
,
As
touching
the
constitution
of
this
Law
;
that
also
shews
that
this
was
not
derived
from
the
ancient
Right
of
the
Crown
now
restored
,
but
by
the
positive
concession
of
the
People
in
their
representative
,
in
regard
it
is
not
absolute
,
but
qualified
and
limited
diversly
.
First
,
This
power
is
given
to
this
King
,
not
to
his
Successors
;
for
they
are
left
out
of
the
Act
,
so
as
they
trusted
not
the
King
,
but
Henry
the
Eighth
,
and
what
they
did
was
for
his
own
sake
.
Secondly
,
They
trusted
the
King
,
but
he
must
be
advised
by
Counsel
of
men
of
skill
.
Thirdly
,
They
must
not
respect
any
Sect
,
or
those
of
the
Papistical
sort
.
Fourthly
,
All
must
be
according
to
Gods
Word
,
and
Christs
Gospel
.
And
Lastly
,
Nothing
must
be
done
contrary
to
the
Laws
and
Statutes
of
this
Realm
.
And
thus
though
they
trusted
much
,
yet
not
all
,
nor
over-long
.
For
it
was
but
a
temporary
Law
,
and
during
the
present
condition
of
affairs
.
Nor
did
the
King
or
People
rest
upon
this
Law
;
for
within
three
years
following
,
another
Law
is
made
to
confirm
what
was
then
already
done
by
the
King
;
to
change
and
alter
as
to
his
Wisdom
shall
seem
convenient
.
Thus
the
Kings
Injunctions
already
set
forth
were
established
,
all
opposal
to
them
inhibited
;
and
the
King
hath
a
power
of
Lawing
and
Unlawing
in
Christ's
Kingdom
,
and
to
stab
an
Act
of
Parliament
in
matters
of
highest
concernment
.
And
the
reason
is
,
the
King
will
have
it
so
,
and
who
dares
gainsay
it
?
as
Cranmer
said
,
The
King
loves
his
Queen
well
,
but
his
own
opinion
better
:
For
new
things
meeting
with
new
love
,
All
this
,
though
much
more
than
any
of
his
Predecessors
ever
attained
,
was
nevertheless
not
enough
till
his
Title
was
as
compleat
.
The
Pope
had
fashioned
him
one
now
above
twenty
years
old
,
for
his
service
done
against
Luther
,
and
others
of
that
way
,
and
sent
it
to
him
as
a
Trophee
of
the
Victory
;
this
was
,
Defender
of
the
Faith
;
which
the
King
then
took
kindly
,
but
laid
it
up
till
he
thought
he
had
deserved
it
better
;
and
therefore
now
he
presents
it
to
the
Parliament
;
A
third
Prerogative
concerned
the
Kings
power
in
temporal
matters
.
And
now
must
England
look
to
it self
;
for
never
had
English
King
the
like
advantage
over
his
People
as
this
man
had
.
His
Title
out-faced
all
question
;
left
rich
by
his
Father
,
trained
up
in
the
highest
way
of
Prerogative
,
absolute
Lord
of
the
English
Clergy
,
and
of
their
Interest
in
the
People
;
of
a
vast
spirit
,
able
to
match
both
the
Emperour
and
French
abroad
,
and
yet
more
busie
at
home
than
all
his
Predecessors
.
A
King
that
feared
nothing
but
the
falling
of
the
Heavens
;
the
People
contrarily
weary
of
Civil
Wars
,
enamoured
with
the
first
tastes
of
Peace
and
Pleasures
,
whiles
as
yet
it
was
but
in
the
blushing
child-hood
,
over-awed
by
a
strange
Giant
,
a
King
with
a
Pope
in
his
belly
;
having
the
Temporal
Sword
in
his
hand
,
the
Spiritual
Sword
at
his
command
.
Of
a
merciless
savage
nature
,
but
a
word
and
a
blow
,
without
regard
even
of
his
bosome-Companions
;
What
can
then
the
naked
relation
of
a
Subject
do
with
such
an
one
?
if
Providence
steps
not
in
,
and
stops
not
the
Lions
mouth
,
all
will
be
soon
swallowed
up
into
the
hungry
maw
of
Prerogative
.
To
set
all
on
work
,
comes
Steven
Gardiner
from
his
Embassage
to
the
Emperour
:
sad
apprehensions
are
scattered
,
that
the
motions
abroad
are
exceeding
violent
and
sudden
;
that
the
Emperour
and
French
King
are
fast
in
nothing
,
but
in
change
according
to
occasion
;
that
like
the
Eagle
they
make
many
points
before
they
stoop
to
the
Prey
;
that
if
the
motions
at
home
do
wait
upon
debates
of
Parliament
,
things
must
needs
come
short
in
execution
,
and
the
affairs
of
this
Nation
extreamly
suffer
.
A
dangerous
thing
it
is
,
that
the
King
should
be
at
disadvantage
either
with
the
Emperour
or
French
King
,
for
want
of
power
in
these
cases
of
sudden
exigencies
,
and
for
some
small
time
,
during
the
juncture
of
these
important
affairs
,
that
seeing
likewise
at
home
the
point
concerning
Religion
is
coming
to
the
Test
,
the
minds
of
men
are
at
a
gaze
;
their
Affections
and
Passions
are
on
their
Tiptoes
.
It
is
reason
the
King
should
steer
with
a
shorter
Rudder
,
that
this
care
might
meet
with
every
turn
of
Providence
,
which
otherwise
might
suddenly
blow
up
the
Peace
and
good
Government
of
this
Nation
.
These
and
the
like
represented
a
fair
face
to
that
which
followed
,
and
made
way
for
the
King
without
shame
to
ask
what
no
King
before
him
suffered
ever
to
enter
into
conceit
,
I
mean
a
Legislative
power
,
to
this
effect
,
That
Proclamations
made
by
the
greater
part
of
the
King
for
the
time
being
,
and
his
Council
,
whose
names
hereafter
follow
,
with
such
penalties
as
by
them
shall
be
thought
meet
,
shall
be
of
equal
force
by
an
Act
of
Parliament
,
provided
it
shall
not
extend
to
the
forfeiture
of
Estates
or
Priviledges
,
nor
to
loss
of
Life
(
but
in
cases
particularly
mentioned
in
the
Law
)
Provided
no
Proclamation
shall
cross
any
Statute
,
or
lawful
or
laudable
Custom
of
this
Realm
.
All
which
at
length
comes
to
be
demanded
by
a
formal
Bill
,
with
as
ill-favoured
a
Preface
as
the
matter
it self
;
which
was
much
worse
,
e're
it
was
well
liked
in
the
House
of
Commons
;
and
when
all
was
done
,
proved
a
Bare
still
.
Whatever
it
was
,
it
passed
in
manner
abovesaid
,
neither
much
to
the
desire
of
the
Commons
,
that
so
much
was
given
;
nor
to
the
good
liking
of
the
King
,
that
there
was
no
more
:
For
instead
of
a
Legislative
power
,
which
he
grasped
at
for
himself
,
he
received
it
in
common
with
his
Council
;
and
so
becomes
engaged
neither
to
alter
nor
destroy
that
Brotherhood
,
if
he
intended
to
reap
any
fruit
of
this
Law
;
leaving
the
point
in
doubt
whether
his
Gain
or
Loss
was
the
greater
.
For
this
Law
,
thus
made
for
this
King
,
these
Counsellors
,
and
these
times
and
occasions
,
can
be
no
Precedent
to
the
future
,
unless
to
inform
Kings
that
the
Parliament
hath
a
power
to
give
more
Authority
and
Prerogative
to
Kings
than
they
or
the
Crown
have
by
common
Right
;
and
to
give
it
with
such
limitations
and
qualifications
as
seemeth
good
to
them
.
And
secondly
,
That
even
Henry
the
Eighth
acknowledged
that
the
Legislative
power
was
not
in
the
Crown
;
nor
was
the
Crown
capable
thereof
,
otherwise
than
it
was
conferred
by
the
Parliament
.
Onely
Steven
Gardiner
might
glory
in
this
Atchievement
,
having
for
the
present
obtained
much
of
his
ends
,
by
perswading
the
King
that
Forein
Princes
estranged
from
him
,
not
so
much
for
his
departure
from
the
Pope
,
as
for
some
apprehensions
they
had
of
his
departure
from
that
way
of
Religion
and
Worship
,
which
they
apprehend
every
Christian
ought
to
maintain
.
And
therefore
if
he
meaned
to
gain
better
correspondency
amongst
these
Princes
,
he
must
engage
more
resolvedly
to
the
Fundamentals
of
the
Worship
,
though
he
shook
off
some
slighter
Ceremonies
with
the
Romish
Supremacy
;
for
he
knew
that
they
were
willing
enough
with
the
latter
,
though
the
other
could
not
go
down
with
them
.
Thus
did
Forein
Correspondency
float
above
,
whenas
the
Church
,
as
then
it
stood
,
was
underneath
,
and
gave
the
tincture
to
every
Wave
.
And
it
was
holden
more
safe
by
the
Romish
party
to
trust
the
King
(
thus
attempered
)
with
the
Legislative
power
in
the
Church-matters
,
than
the
rough
Parliament
,
whose
course
steered
quite
wide
from
the
Roman
shore
,
as
if
they
never
meant
to
look
that
way
any
more
:
though
Cranmer
,
and
the
chief
Officers
of
State
,
and
of
the
Houshold
,
were
by
the
Law
Judges
of
the
matter
in
fact
,
as
well
as
the
King
,
yet
in
the
conclusion
the
King
onely
was
of
the
Quorum
.
All
this
yet
further
appears
in
the
penalty
;
for
by
a
Proviso
it
is
moderated
,
as
to
all
forfeitures
of
Life
,
Limb
,
or
Estate
;
and
in
the
conclusion
extended
onely
to
Fine
and
Imprisonment
,
unless
in
some
cases
mentioned
,
and
excepting
offences
against
Proclamations
made
by
the
King
or
his
Successors
,
concerning
Crimes
of
Heresie
.
For
it
is
the
first
Clause
of
any
positive
Law
,
that
ever
intimated
any
power
in
the
King
of
such
Cognizance
and
punishment
of
Heresie
.
Too
weak
a
principle
it
is
to
settle
a
Prerogative
in
the
King
and
his
Successors
,
as
Supream
Head
of
the
Church
,
thus
by
a
side-wind
to
carry
the
Keys
of
Life
and
Death
at
their
Girdle
;
and
yet
a
better
ground
cannot
I
find
for
the
Martyrdom
of
divers
brave
Christians
in
those
times
,
than
this
touch
of
a
Law
glancing
by
.
All
which
passing
Sub
silentio
,
and
the
Parliament
taking
no
notice
thereof
,
made
way
for
the
Statute
38
H.
8.
c.
26.
formerly
mentioned
,
to
come
more
boldly
upon
the
Stage
.
This
was
one
wound
to
the
Legislative
power
of
the
Parliament
,
thus
to
divide
the
same
.
Another
ensues
,
that
in
its
consequences
was
no
less
fatal
to
that
power
which
remained
;
and
it
was
wrought
by
some
Engine
that
well
saw
that
the
Disease
,
then
so
called
,
grew
to
be
epidemical
amongst
the
more
considerable
party
in
the
Kingdom
;
that
the
Lady
Jane
Seymor
(
now
Queen
)
was
no
friend
to
the
Romanists
;
that
she
was
now
with
Child
;
which
,
if
a
Son
,
(
as
it
proved
to
be
)
was
like
to
be
Successor
in
the
Throne
,
and
be
of
his
Mothers
Religion
,
and
so
undo
all
,
as
in
the
issue
all
came
so
to
pass
.
To
prevent
this
,
nevertheless
,
they
fancy
a
new
conceit
,
that
Laws
made
by
English
Kings
in
their
minority
,
are
less
considerately
done
,
than
being
made
in
riper
years
.
And
so
by
that
one
opinion
,
countenanced
a
worse
;
which
was
,
that
the
Legislative
Power
depended
more
upon
the
judgement
of
the
King
,
than
the
debates
and
results
of
the
Parliament
:
a
notion
that
would
down
exceeding
well
with
Kings
,
especially
with
such
an
all-sufficient
Prince
as
Henry
the
Eighth
conceived
himself
to
be
.
Upon
this
ground
a
Law
is
made
,
to
enable
such
of
the
Kings
Successors
,
by
him
appointed
,
as
shall
be
under
the
age
of
Twenty
and
four
years
when
Laws
by
him
are
made
,
A
fourth
advance
of
Prerogative
,
concerned
the
Executive
Power
in
Government
of
the
Church
.
This
had
formerly
much
rested
in
the
Prelacy
,
and
that
upon
the
chief
Praelatissimo
at
Rome
;
now
there
is
found
in
England
a
greater
Prelate
than
he
;
the
Pope
was
already
beheaded
,
and
his
head
set
upon
the
Kings
shoulders
:
To
him
it
is
given
to
nominate
all
Bishops
and
Archbishops
within
his
Dominions
,
and
that
the
party
once
elected
shall
swear
Fealty
,
and
then
shall
be
consecrated
by
Commission
,
and
invested
:
but
if
upon
the
Conge
d'eslire
no
Election
be
certified
within
Twelve
days
,
the
King
shall
by
Commission
cause
his
own
Clerk
to
be
consecrated
and
Invested
.
The
occasion
that
first
brought
in
this
President
,
was
the
access
of
Cranmer
to
the
See
at
Canterbury
:
for
though
the
Headship
had
been
already
by
the
space
of
Two
years
translated
from
Rome
to
England
,
yet
the
course
of
Episcopizing
continued
the
same
as
formerly
it
had
been
.
I
mean
,
as
touching
the
point
of
Election
:
For
though
in
their
Original
,
Bishops
were
meerly
Donatives
from
the
Crown
,
being
invested
by
delivery
of
the
Ring
and
Pastoral
Staff
;
Conge
d'eslire
was
brought
into
use
;
yet
the
Parliament
being
of
Six
years
continuance
,
(
a
necessary
thing
in
times
of
so
great
change
of
Policy
)
began
this
course
of
Election
,
Pro
more
;
and
which
he
did
,
renitente
Conscientia
,
say
some
,
and
with
a
Salvo
,
say
others
;
and
all
affirm
it
was
done
Perfunctorie
,
like
some
worn
Ceremonie
,
or
civil
Complement
.
Nevertheless
it
was
not
so
soon
turned
over
;
the
Archbishop
loved
not
the
Office
,
the
King
loved
not
Partnership
in
this
matter
;
and
it
was
evident
to
all
,
that
no
man
could
serve
these
two
Masters
any
longer
:
an
agreement
is
soon
concluded
in
Parliament
to
exclude
the
Popes
Power
quite
out
of
this
game
,
and
all
is
left
to
be
done
by
the
King
and
his
Commissioners
,
by
the
Law
formerly
propounded
.
In
all
this
,
the
Pope
is
loser
,
the
English
Clergie
the
savers
;
for
the
Pall
cost
Cranmer
Nine
hundred
Marks
:
And
the
Crown
is
the
great
gainer
;
for
hereby
the
King
got
the
men
sure
to
him
,
not
onely
by
their
own
acknowledgement
and
submission
,
but
also
by
a
Statute-Law
.
And
lastly
by
Oath
,
which
to
make
sure
,
was
treble
twined
;
once
upon
their
first
submission
in
,
the
Kings
Twentie
second
year
,
when
they
had
been
under
Praemuniri
.
Secondly
,
Soon
after
the
decease
of
Queen
Katherine
Dowager
,
in
the
Twentie
sixth
year
;
which
Oath
was
more
compleat
than
the
former
;
containing
,
First
,
A
Renunciation
of
all
Fealty
to
the
Pope
,
or
any
Foreign
Power
.
Secondly
,
An
Obligation
to
adhere
to
the
Cause
of
the
King
and
his
Successors
.
Thirdly
,
A
Disavowing
of
the
Pope
,
otherwise
than
as
another
Bishop
or
fellow
hrother
.
Fourthly
,
An
Engagement
to
observe
all
Laws
already
established
against
the
Pope's
power
.
Fifthly
,
A
Disavowing
of
all
appeals
to
Rome
.
Sixthly
,
An
Engagement
to
inform
the
King
of
all
Messages
or
Bulls
,
sent
from
Rome
into
England
.
Seventhly
,
An
Engagement
not
to
send
,
or
be
privy
to
the
sending
of
any
Message
to
Rome
for
any
such
purpose
.
The
third
Oath
was
that
of
Fealty
;
which
anciently
was
due
to
Kings
,
and
now
revived
,
to
be
taken
by
all
Bishops
upon
their
admission
.
And
thus
the
English
Prelacie
,
having
been
sworn
Slaves
to
the
Papacie
ever
since
Becket's
time
,
are
now
preferred
to
a
more
Royal
Service
;
and
the
pursuit
by
Kings
after
their
right
,
being
laid
aside
by
the
space
of
300
Years
,
is
now
renewed
,
and
the
prey
seized
upon
by
the
Lion
;
who
found
it
upon
a
better
Title
,
and
in
better
condition
by
much
,
than
when
at
the
first
it
was
lost
:
For
it
was
upon
some
semblance
of
Reason
,
that
the
Archbishop
and
Clergie
gained
it
;
but
being
afterwards
dispossessed
thereof
by
the
Pope
,
and
yet
without
any
other
shadow
of
Title
,
but
the
power
of
his
own
gripe
,
for
the
present
he
is
the
Occupant
,
and
becomes
Proprietor
by
prescription
:
till
now
the
Felon
being
apprehended
,
the
stolen
Goods
are
the
Kings
in
Right
,
and
by
Remitter
;
whereunto
the
Parliament
by
the
Statute
adding
their
Conveyance
,
establishes
the
same
by
an
unquestionable
Title
.
Nevertheless
their
service
is
no
less
servile
to
this
Crown
,
than
it
had
been
to
the
Romish
Miter
;
formerly
they
asserted
the
Pope's
Infallibility
,
now
the
King's
Supremacy
.
They
are
now
called
by
the
King
,
made
by
the
King
,
sent
by
the
King
,
maintained
by
the
King
;
whatsoever
they
are
,
whatsoever
they
have
,
all
is
the
King
's
.
He
makes
Bishops
;
he
makes
new
Bishopricks
,
and
divides
or
compounds
the
old
as
he
pleaseth
,
The
King
thus
loaden
with
Power
and
Honour
,
above
all
his
Predecessors
,
(
if
without
proportionable
Maintenance
to
support
the
one
,
and
act
the
other
)
must
needs
consume
himself
(
as
one
in
a
Tympanie
)
by
growing
great
.
For
though
he
was
left
rich
by
his
Father's
Treasure
,
yet
his
Zeal
to
Rome
in
its
now
poor
captivated
condition
under
the
Imperial
power
,
stirring
up
in
him
great
undertakings
abroad
,
(
besides
his
own
Pleasures
and
Gallantry
at
home
)
exhausted
that
;
and
doubtless
had
starved
these
his
grand
designs
,
had
he
not
found
the
hidden
Treasures
of
the
Cells
and
Monasteries
;
the
sight
whereof
so
rouzed
up
his
Spirits
,
that
he
adventured
upon
the
purchase
;
though
he
knew
difficulties
enough
to
have
stopped
his
undertakings
,
if
he
had
not
resolved
both
against
fear
and
flattery
.
It
was
not
done
without
deliberation
;
for
the
thing
was
felt
as
a
grievance
before
the
Norman
times
,
and
complained
of
in
Parliament
above
a
hundred
and
forty
years
ago
,
and
divers
times
since
;
but
Kings
either
understood
not
,
or
believed
not
,
or
durst
not
give
remedy
,
or
had
much
else
to
do
.
But
now
the
King
is
beyond
all
his
Predecessors
;
he
knows
much
,
dares
do
more
,
and
is
at
leisure
.
He
will
go
as
far
as
Emperour
or
French
King
,
and
beyond
them
also
;
but
would
not
try
masteries
with
either
,
for
they
were
all
Cocks
of
the
game
.
The
first
occasion
that
discovered
the
work
feasible
,
was
a
president
made
by
Cardinal
Wolsey
,
whose
power
was
enough
to
dissolve
some
petty
Cells
,
and
no
opposition
made
.
The
King
might
well
expect
the
work
would
be
as
lawful
for
him
,
and
not
much
more
difficult
;
or
if
any
Storms
ensued
,
the
people
that
had
so
long
complained
,
and
felt
the
burthen
of
these
excrescences
of
the
Clergie
,
would
soon
find
out
a
way
to
calm
them
:
the
King
need
do
no
more
than
speak
,
and
the
people
will
do
.
This
opened
the
door
;
but
that
which
brought
the
King
in
,
was
the
hold
the
Pope
had
in
this
Kingdom
by
these
Cloistered
people
,
who
were
persons
dead
in
Law
,
and
dead
to
all
Law
but
the
Canon
.
And
upon
this
account
the
King's
Ancestors
had
possessed
themselves
of
the
Cells
,
in
the
hands
of
Foreigners
,
in
times
of
War
;
and
now
a
deadly
feud
is
stirred
between
Henry
the
Eighth
and
the
Pope
their
holy
Father
.
The
Children
cannot
expect
to
thrive
,
whenas
their
Father
is
cast
out
of
doors
;
and
so
all
must
out
together
.
Yet
the
manner
is
observable
,
they
must
not
be
cast
out
,
but
must
go
out
:
the
inferiour
and
greater
part
are
dead
persons
,
have
learnt
obedience
;
they
can
neither
bark
nor
bite
,
and
therefore
they
may
sleep
;
and
what
is
done
,
must
be
done
with
such
of
them
as
are
alive
.
Upon
a
Visitation
,
these
are
brought
under
the
Test
,
and
found
in
such
a
condition
,
that
they
had
better
give
way
,
and
voluntarily
surrender
,
than
abide
the
Trial.
Once
more
the
smallest
are
picked
out
,
The
first
whereof
was
but
casual
,
and
occasional
in
the
payment
,
arising
onely
at
the
entrance
of
the
party
into
his
Promotion
;
and
which
was
gained
by
the
Pope
from
Edward
the
First
;
As
Riches
increase
,
so
do
the
Mouths
of
them
that
eat
;
he
still
stands
in
need
of
his
peoples
Love
,
Purses
,
and
Power
.
So
Divine
Providence
orders
the
matter
,
that
Kings
can
never
attain
further
end
of
their
undertakings
without
the
aid
of
the
people
than
their
labour
,
lest
they
should
be
too
big
to
be
Christians
,
and
the
people
too
mean.
CHAP.
XXVIII
.
Of
the
condition
of
the
Parliament
in
these
Times
.
THey
are
no
good
Expositors
,
that
consider
their
Text
by
piece-meal
onely
;
nor
they
good
Historians
,
that
will
tell
you
the
bare
Journal
of
Action
,
without
the
Series
of
Occasion
.
Such
as
these
will
speak
much
of
the
actions
of
Henry
the
Eighth
,
what
advancement
he
brought
to
the
Crown
;
and
make
a
compleat
Monarchy
,
wherein
the
King
may
act
what
he
resolveth
,
resolve
what
he
pleaseth
,
and
please
what
he
lusteth
;
whenas
in
truth
the
thing
is
nothing
so
:
For
though
many
of
his
actions
,
in
relation
to
particular
persons
,
cannot
be
justified
by
any
Law
:
so
in
truth
did
they
never
proceed
from
any
Law
,
but
meerly
from
the
passion
or
will
of
the
man
,
and
connivance
of
the
people
,
who
could
bear
that
from
this
King
,
that
their
Ancestors
would
never
endure
under
any
other
.
And
yet
in
all
the
grand
concernments
of
the
Nation
,
the
Law
kept
still
upon
the
top
;
nor
did
the
King
enter
into
any
competition
therewith
,
or
lead
the
way
thereunto
,
other
than
by
especial
allowance
of
the
Parliament
.
For
first
,
It
is
evident
,
though
the
King
was
Supream
Head
of
the
Church
;
yet
this
was
not
like
the
head
of
a
mad
man
,
led
by
phancy
,
without
the
Law
of
reason
,
or
reason
of
Law
;
But
it
was
defined
,
circumscribed
,
and
formed
thereby
,
with
Qualifications
and
Limitations
,
as
hath
been
already
expressed
in
the
former
Chapter
.
Seondly
,
It
is
no
less
clear
,
that
the
Legislative
Power
rested
in
the
Parliament
,
and
not
in
the
King
,
when
he
was
in
his
greatest
height
.
For
as
Head
of
the
Church
,
he
had
no
such
power
in
Church-matters
;
or
if
he
had
such
a
right
,
it
was
taken
away
by
the
Acts
of
Parliament
.
Nay
,
when
the
Pope
was
yet
possessed
of
this
Headship
,
the
Parliament
did
determine
the
manner
of
the
Worship
of
God
,
Lord's
Day
,
the
Statute
of
Edward
the
Fourth
,
to
the
Honour
of
God
,
did
provide
for
the
observing
thereof
;
and
to
the
Honour
of
God
,
it
was
taken
away
by
a
Statute
in
the
time
of
Henry
the
Eighth
,
Provided
nothing
shall
be
done
against
the
Kings
Prerogative
,
or
the
Laws
and
Customs
of
this
Realm
.
So
as
the
King
had
much
,
but
he
had
not
all
;
Law
making
,
but
it
is
with
the
Thirty
two
he
hath
it
,
but
not
his
Successors
.
And
lastly
,
he
hath
it
but
by
a
derivative
power
from
the
Parliament
,
and
a
Committee
for
that
service
.
And
in
a
word
,
he
hath
the
Power
,
but
the
Parliament
hath
still
the
Law
of
that
Power
.
The
second
Priviledge
of
the
Parliament
hitherto
,
concerneth
onely
Laws
concerning
Church-Government
.
In
the
next
place
cometh
to
be
considered
the
Legislative
power
in
point
of
Doctrine
;
which
doubtless
issueth
from
the
same
principle
of
Power
with
the
former
.
For
if
the
Church
(
which
as
a
pillar
and
ground
holdeth
for
the
Truth
)
be
the
company
of
professing
Believers
;
then
ought
it
not
to
seem
strange
,
if
these
in
their
representative
do
intermiddle
with
this
Power
,
or
rather
duty
.
And
for
the
matter
in
fact
,
neither
did
the
King
challenge
this
Power
,
nor
did
the
Parliament
make
any
difficulty
of
Conscience
in
executing
the
same
;
and
yet
there
were
many
Learned
and
Conscientious
men
of
that
number
.
They
therefore
,
as
touching
the
Doctrine
,
proceed
in
the
same
way
with
that
formerly
mentioned
concerning
the
Discipline
:
And
a
Committee
also
is
by
them
made
of
the
King
and
Learned
men
,
to
set
down
rules
for
Faith
and
Obedience
,
And
lastly
,
nothing
must
be
done
contrary
to
the
Laws
of
the
Kingdom
.
Secondly
,
The
Parliament
hath
not
onely
a
right
to
grant
and
limit
this
power
unto
others
,
but
also
to
execute
the
same
immediately
by
its
self
.
And
therefore
before
they
granted
this
power
to
this
Committee
,
(
whereas
formerly
the
Pope
usurped
the
power
to
be
the
Omega
to
the
resolves
of
all
Councils
)
the
Parliament
intercepted
that
to
their
own
Jurisdiction
,
in
flat
opposition
to
the
infallibility
of
the
Roman
Chair
,
fix
Articles
;
and
the
like
.
The
Parliament
then
hath
a
power
which
they
may
grant
,
and
yet
grant
nothing
away
;
they
may
limit
this
power
in
others
as
they
will
,
and
yet
not
conclude
themselves
.
And
the
King
by
accepting
this
limited
power
,
must
disclaim
both
the
Original
and
absolute
Right
,
and
cannot
claim
the
same
by
right
of
Headship
or
Supremacie
.
This
was
one
great
Windfal
which
the
Parliament
had
from
the
ruines
of
Rome
,
not
by
way
of
Usurpation
,
but
re-seizure
:
For
their
possession
was
ancient
;
and
though
they
had
been
dispossest
,
yet
that
possession
was
ever
under
a
continual
claim
,
and
so
the
right
was
saved
.
A
second
,
that
was
no
less
fatal
unto
that
See
,
was
the
loss
of
all
power
over
Ecclesiastical
persons
in
this
Kingdom
.
For
whereas
the
Popedom
had
doubly
rooted
it self
in
this
Nation
,
one
way
by
the
Regulars
,
the
other
by
the
Seculars
;
the
Parliament
by
the
dissolutions
of
Monasteries
,
&c.
consumed
one
to
ashes
;
and
by
breaking
the
fealty
between
the
other
and
the
Pope
,
parted
the
other
root
and
the
stock
asunder
:
and
thence
ensued
the
down
fall
of
this
tall
Cedar
in
this
Nation
;
and
Prelacie
now
left
alone
,
must
fawn
elsewhere
,
or
lie
along
;
a
posture
wherein
that
rank
of
men
can
never
thrive
.
Up
again
they
peep
,
and
espying
a
King
that
loved
to
towre
aloft
,
they
suddenly
catch
hold
,
promising
their
help
to
maintain
his
flight
;
and
so
are
carried
up
,
and
like
a
Cloud
born
between
Heaven
and
Earth
,
making
the
Commons
beholding
to
them
for
the
Kings
Sunshine
,
and
the
King
for
their
interests
in
the
people
,
and
for
his
superlative
advancement
above
them
all
.
Now
though
the
English
Prelates
may
think
their
Orb
above
the
Winds
,
yet
were
they
herein
deceived
.
The
Parliament
had
power
in
their
Election
,
before
the
Pope
usurped
that
to
himself
:
now
that
they
are
discharged
,
Kings
are
possessed
of
them
by
Conge
d'eslire
;
but
it
is
not
by
way
of
restitution
:
For
Kings
were
never
absolutely
possessed
of
any
such
power
,
but
as
Committees
of
Parliament
,
and
by
delegation
and
concession
from
them
;
and
therefore
must
render
an
account
to
them
,
and
abide
their
judgement
when
they
are
thereto
called
.
Thirdly
,
The
Parliament
had
the
disposing
and
ordering
of
all
the
Church-Revenues
,
as
the
Laws
concerning
Monasteries
,
Sanctuaries
,
Mortuaries
,
First
fruits
,
Tenths
,
Annates
,
and
suchlike
,
sufficiently
manifesteth
.
Fourthly
,
The
Parliament
had
the
power
of
granting
Licenses
,
Dispensations
,
and
Faculties
;
setting
a
Rule
thereunto
,
as
in
case
of
Non-residency
;
and
delegating
the
power
to
Committees
;
Fifthly
,
The
Parliament
reserved
the
Cognizance
of
all
Appeals
for
final
Sentence
unto
themselves
,
and
disposed
of
all
the
steps
thereunto
,
as
unto
them
seemed
most
convenient
.
For
though
it
be
true
,
in
some
cases
the
Archbishop
of
Canterbury
had
the
definitive
Sentence
,
Anne
Bullen
,
and
the
Lady
Anne
of
Cleve
,
the
jurisdiction
of
the
Crown
never
intermedling
therein
.
So
as
upon
the
whole
,
it
must
be
acknowledged
,
that
however
the
King
was
Supreme
Head
of
causes
Ecclesiastical
,
yet
had
he
not
the
definitive
sentence
in
Appeal
,
nor
absolute
Supremacy
,
but
that
the
same
was
left
to
the
Parliament
.
Sixthly
and
lastly
,
what
attempts
the
Parliament
had
met
with
;
partly
from
the
designs
of
some
great
men
that
sought
their
own
ends
,
and
partly
from
the
endeavours
of
these
Kings
that
sought
their
own
height
and
greatness
above
their
peoples
good
,
hath
been
already
related
:
and
the
utmost
issue
had
been
truly
stated
,
viz.
That
the
gains
have
come
to
the
Kings
persons
,
and
not
to
their
Crown
;
and
that
therein
they
have
put
their
Seal
to
the
Law
,
and
made
their
submission
to
the
Parliament
,
as
touching
both
their
persons
and
power
.
Add
hereunto
,
that
however
Henry
the
Eighth
aimed
much
at
himself
in
his
ends
,
in
two
other
main
interests
that
most
nighly
concerned
him
;
yet
the
chief
gain
came
to
the
Parliament
.
The
once
concerned
his
own
Wife
,
which
however
so
nighly
related
to
him
,
as
next
to
his
own
person
,
and
under
the
determination
of
the
immediate
Law
of
God
;
yet
was
so
cast
upon
their
Sentence
,
as
if
he
durst
adventure
his
own
Soul
at
their
direction
.
The
other
concerned
the
Crown
,
to
which
he
ought
relation
above
his
own
person
;
which
he
laid
down
at
the
feet
of
the
Parliament
,
seeking
to
their
power
to
fulfil
his
own
pleasure
.
The
Ball
is
tossed
up
and
down
,
sometimes
amongst
the
issue
between
the
King
and
the
Lady
Anne
Bullen
,
Jane
Seymor
,
the
Clouds
,
but
the
right
of
Inheritance
much
more
.
The
Conclusion
of
all
is
this
,
The
Parliament
by
serving
these
Kings
turns
,
turned
their
turns
into
their
own
.
CHAP.
XXIX
.
Of
the
power
of
the
Clergie
in
their
Convocation
.
THe
Convocation
of
the
Clergie
,
like
some
froward
Children
,
loves
not
new
dressing
,
though
it
be
a
gainer
thereby
.
Before
the
Pope
and
Henry
the
Eighth
were
faln
asunder
,
their
masters
,
their
minds
,
th●●r
work
,
all
was
double
;
their
Councils
uncertain
,
their
Conclusions
●ow
in
Production
,
and
sleight
in
their
Fruit
and
Consequence
;
sometimes
displeasing
to
the
Pope
,
sometimes
to
the
King
,
generally
to
themselves
.
Who
naturally
lingering
after
their
own
interests
,
were
compelled
to
feed
that
bodie
that
breathed
in
them
,
rather
than
that
wherein
themselves
breathed
;
and
so
like
hunted
Squirrels
,
from
bough
to
bough
,
were
ever
well
tired
,
yet
hardly
escaped
with
their
own
Skins
in
the
conclusion
.
Now
Henry
the
Eighth
tenders
them
better
conditions
,
both
for
ease
and
Honour
,
and
more
suitable
to
their
own
Interest
;
yet
they
are
loath
to
accept
,
because
they
had
been
Slaves
by
Prescription
.
Formerly
,
they
were
troubled
with
multiplicity
of
Summons
,
sometimes
from
the
King
,
sometimes
from
the
Pope
,
sometimes
from
the
Metropolitan
,
and
always
over
dripped
by
a
Forein
power
,
that
they
could
propound
nothing
for
the
good
of
the
Souls
of
themselves
or
others
,
but
must
be
blasted
from
without
;
their
labours
lost
,
their
undertakings
vain
,
and
themselves
,
in
the
conclusion
,
sit
down
choaked
in
their
Consciences
and
Desires
.
Now
they
are
at
no
man's
call
but
the
King
's
,
and
that
by
Writ
;
Provincial
,
and
Legate
à
Latere
,
Formerly
,
it
is
taken
for
granted
,
that
Kings
have
no
Vote
in
matters
Ecclesiastical
,
though
themselves
be
interested
therein
;
and
therefore
if
he
will
accept
of
a
Disme
,
Vi
&
Clavibus
,
although
in
right
his
Prerogative
is
above
theirs
.
Now
by
the
Statute
,
the
Kings
Vote
is
asserted
,
and
a
Negative
Vote
restored
,
and
himself
made
as
well
Head
of
the
Convocation
,
as
the
Church
.
Thirdly
,
As
their
power
of
Convention
,
and
power
in
Vote
,
divine
Right
,
which
some
setled
originally
in
the
Pope
,
others
in
the
Prelacie
,
and
some
in
the
Clergie
.
But
now
they
sit
by
a
derivative
power
from
the
Act
of
Parliament
,
from
which
,
as
from
their
head
,
they
receive
life
and
power
.
Fourthly
,
They
suffered
some
change
in
the
very
work
of
their
Convention
;
But
to
come
to
particulars
,
because
generals
edifie
not
.
The
Convocation
claimed
formerly
power
,
as
originally
from
its
self
,
to
impose
Rules
for
Government
upon
Church-men
,
and
Church-Officers
;
and
upon
the
Laity
,
so
far
as
extended
to
their
Service
of
God
:
And
also
to
charge
the
Estates
of
the
Clergie
;
and
concerning
Matrimonial
and
Testamentarie
Causes
.
They
claimed
also
a
power
to
determine
Doctrine
and
Heresies
.
Yet
de
Facto
,
divers
of
these
they
never
acted
in
that
right
wherein
they
claimed
to
hold
Cognizance
.
First
,
As
touching
the
charging
of
the
Estates
of
the
Clergie
.
If
it
was
for
the
King's
Service
,
they
were
ever
summoned
by
the
King
's
Writ
;
yet
was
not
their
act
binding
immediately
upon
the
passing
of
the
Vote
,
till
the
Parliament
confirmed
the
same
;
and
therefore
the
old
form
of
granting
of
Dismes
,
was
,
Per
Clerum
&
Communitatem
,
as
by
the
pleading
in
the
Abbot
of
Waltham's
Case
appears
.
Convocation
suffered
no
alteration
,
either
in
Right
or
Power
,
by
the
change
thus
wrought
by
Henry
the
Eighth
.
Secondly
,
As
touching
imposing
Laws
upon
the
Laity
,
Lords
day
,
and
proceedings
against
Her●ticks
,
setling
the
Popedom
in
the
time
of
the
great
Schism
,
&c.
But
now
all
Title
of
claim
is
quite
taken
from
them
,
and
all
is
left
in
the
Supream
Legislative
power
of
this
Nation
,
as
formerly
hath
been
already
manifested
.
Thirdly
,
As
touching
Matrimonial
Causes
,
their
former
power
of
making
Laws
concerning
them
,
and
Testamentary
Causes
,
is
now
absolutely
taken
away
;
onely
concerning
Matrimonial
matters
,
they
had
so
much
of
the
Judicatory
power
concerning
the
same
put
upon
them
,
as
might
well
serve
the
Kings
own
turn
;
and
that
was
for
determining
the
matter
between
himself
and
the
Lady
Katherine
Dowager
,
Supream
Head
;
yet
in
this
he
was
content
to
acknowledge
their
Supremacy
above
him
,
to
judge
between
himself
and
his
Queen
,
and
in
other
matters
concerning
himself
.
So
as
upon
the
whole
matter
,
the
Convocation
were
gainers
in
some
things
;
in
other
things
,
they
were
onely
losers
of
that
which
was
none
of
their
own
.
CHAP.
XXX
.
Of
the
power
of
the
Clergie
in
their
Ordinary
Jurisdiction
.
THose
Spirits
are
truly
degenerate
,
that
being
sensible
of
miserie
,
cannot
stir
up
desires
of
Change
,
although
the
way
thereto
lies
open
before
them
:
And
this
shews
the
nature
of
the
Romish
Yoke
,
that
it
lay
upon
the
Spirits
of
men
,
did
intoxicate
,
and
make
them
drunk
with
their
condition
.
Otherwise
,
the
Usurpations
,
Oppressions
,
Extortions
and
Incroachments
of
the
Popedom
upon
the
Bishops
Sphere
,
and
the
people
under
their
charge
,
could
never
have
provoked
such
complainings
amongst
all
sorts
,
in
several
ages
from
time
to
time
.
And
now
that
Henry
the
Eighth
undertakes
to
set
them
free
,
so
as
they
would
acknowledge
his
Supremacy
,
they
all
are
struck
dumb
,
till
a
Praemuniri
taught
them
to
speak
;
and
so
were
scared
into
a
better
condition
than
they
would
have
had
,
and
into
a
more
absolute
Estate
of
Jurisdiction
than
they
received
from
their
Predecessors
.
The
Pope
had
now
usurped
a
power
supra-ordinary
over
all
Appeals
,
gained
the
definitive
Sentence
to
the
Roman
See
,
and
had
holden
this
power
by
the
space
of
four
hundred
years
;
and
the
King
finding
the
root
of
all
the
mischief
to
his
Crown
from
abroad
,
springing
from
that
Principle
,
meaned
not
to
dispute
the
point
with
the
Casuists
,
but
by
one
Statute
took
away
all
Appeals
to
Rome
;
utmost
Appeal
in
such
cases
is
made
Provincial
.
This
(
whether
priviledge
or
prejudice
)
the
Ecclesiastical
Causes
gained
above
the
Civil
,
whose
definitive
Sentences
was
reserved
to
the
Parliament
.
And
thus
is
the
Archbishop
made
Heir
to
the
Pope
,
in
the
greatest
priviledge
of
a
Pope
;
to
be
chief
Judge
on
Earth
in
matters
Ecclesiastical
,
within
his
own
Province
.
A
trick
that
in
my
opinion
much
darkned
the
Glory
of
the
Kings
Title
of
Supream
Head
,
which
the
Church-men
had
formerly
offered
up
to
the
honour
of
the
Crown
of
this
Realm
.
For
be
it
so
,
that
the
Title
is
in
the
Crown
by
Remitter
;
yet
cannot
the
same
carry
along
with
it
any
more
than
a
lawful
power
,
and
whether
all
the
Pope's
former
power
allowed
him
by
the
Canon
,
or
gained
by
Usurpation
and
Custom
,
shall
be
said
a
lawful
power
,
or
whether
the
power
of
Review
by
Appeal
,
shall
be
derived
to
the
Crown
,
under
the
general
Notion
of
Supreamacy
upon
the
Clergies
submission
,
is
to
me
a
doubt
(
albeit
,
I
must
give
honour
to
the
Judgement
in
Print
)
in
regard
that
after
the
submission
of
the
Clergie
,
the
matter
concerning
the
Divorce
of
the
Lady
Katherine
Dowager
,
De
facto
:
Notwithstanding
the
Clergies
foregoing
submission
;
and
being
occasioned
by
the
delay
at
Rome
,
he
procured
this
Statute
concerning
Appeals
to
be
made
;
whereby
at
one
breath
he
took
the
Appeals
to
Rome
away
,
and
setled
them
as
formerly
hath
been
mentioned
;
all
which
was
done
two
years
before
the
Title
of
Supremacy
was
annexed
,
or
declared
for
to
be
to
the
Crown
by
Act
of
Parliament
.
And
therefore
,
as
to
me
it
appears
,
the
power
of
Supream
Cognizance
of
Appeals
,
was
not
in
actual
possession
of
the
Crown
by
the
Clergies
submission
;
so
was
it
actually
vested
in
the
Archbishop
,
before
the
Title
of
Supremacy
was
confirmed
by
Act
of
Parliament
;
and
so
it
never
was
in
the
Crown
actually
possessed
,
much
less
had
the
Crown
the
same
by
Remitter
.
For
the
King's
turn
once
served
by
the
Convocation
,
and
the
matter
of
the
Divorce
of
Queen
Katherine
setled
,
the
King
perceiving
the
slow
progress
of
the
Convocation
,
the
Members
of
the
same
not
being
yet
sufficiently
tuned
to
the
present
Affairs
:
And
moderate
Archbishop
Cranmer
,
likewise
foreseeing
,
that
the
Odium
of
these
Definitive
Sentences
would
be
too
great
for
him
to
bear
;
another
Appeal
is
provided
,
more
for
the
honour
of
the
Crown
,
to
be
from
the
Archbishop
to
Delegates
,
to
be
appointed
by
the
King
,
his
Heirs
and
Successors
;
so
as
though
their
Nomination
be
the
Kings
,
yet
their
power
is
deduced
immediately
from
the
Parliament
,
which
took
the
same
from
the
Archbishop
,
and
conferred
it
upon
them
.
A
second
advantage
not
inferiour
hereto
,
which
the
Archbishop
gained
out
of
the
ruines
of
the
Popedom
,
To
be
First
,
in
Causes
not
repugnant
to
the
Law
of
God.
Secondly
,
such
as
are
necessary
for
the
Honour
and
Security
of
the
King.
Thirdly
,
such
as
were
formerly
wont
to
be
remedied
at
the
See
of
Rome
;
yet
in
truth
left
as
much
scope
for
the
Conscience
of
the
Archbishop
to
walk
in
,
as
the
Pope
had
in
former
times
.
A
large
Teather
,
and
greater
priviledge
than
ever
the
Crown
had
;
by
which
,
although
the
King
himself
be
like
Saul
,
higher
by
the
Head
than
all
the
people
,
yet
in
many
things
Samuel
is
higher
than
he
.
The
moving
cause
hereof
is
not
difficult
to
find
out
:
the
King
had
but
lately
married
the
Lady
Anne
Bullen
;
a
thing
that
many
startled
at
,
and
the
King
himself
not
extreamly
resolved
in
;
he
would
therefore
have
his
way
like
that
of
the
Zodiack
,
broad
enough
for
Planetary
motion
of
any
one
that
could
not
contain
himself
within
the
Ecliptick
line
of
the
Law
,
and
so
shipped
over
the
Popes
power
to
the
Chair
of
Canterbury
,
and
had
made
a
Pope
instead
of
an
Archbishop
,
but
that
the
man
was
not
made
for
that
purpose
.
What
the
Ordinary
Jurisdiction
got
or
lost
,
we
come
in
the
next
place
to
observe
.
First
,
they
had
still
their
Courts
and
Judicatory
power
,
but
upon
what
right
may
be
doubted
.
Their
first
foundation
was
laid
by
the
Civil
power
of
a
Law
,
in
the
time
of
William
the
first
Norman
King
;
yet
the
power
of
the
Pope
and
Bishop
growing
up
together
,
they
came
to
hold
the
power
of
the
Keys
by
a
Divine
Right
,
and
so
continued
,
until
these
times
of
Henry
the
Eighth
,
wherein
they
have
a
Retrospect
to
the
Rock
,
from
whence
they
were
first
hewn
;
and
many
seem
to
change
their
Tenure
,
and
therewith
therefore
are
in
right
to
change
the
Style
of
their
Courts
,
and
Title
of
Summons
;
but
the
times
not
being
very
curious
,
and
the
work
of
reformation
but
in
fieri
;
the
more
exact
lineaments
must
be
left
to
time
to
finish
and
beautifie
.
A
greater
blow
did
light
upon
the
Law
of
these
Courts
,
which
was
left
as
doubtful
as
the
Canons
;
all
which
are
now
put
to
the
question
,
and
to
this
day
never
received
full
resolution
,
but
were
left
to
the
Parliament
to
determine
them
at
leisure
;
and
in
the
mean
time
to
the
Judges
of
the
Common
Law
,
to
determine
the
same
Lawful
or
Unlawful
,
as
occasion
should
require
.
Nevertheless
,
the
Courts
still
hold
on
their
course
,
according
to
their
old
Laws
and
Customs
,
for
their
form
of
Proceedings
;
some
say
by
Prescription
,
yet
more
rightly
by
Permission
;
it
being
a
difficult
matter
to
make
Prescription
hold
against
a
Statute-Law
.
As
touching
the
matters
within
their
Cognizance
,
the
Law
setled
some
,
and
unsetled
others
.
First
,
As
touching
Heresie
,
the
Church-men
formerly
thought
scorn
the
Lay-Magistrate
should
intermeddle
;
but
not
being
able
to
stop
the
growth
thereof
by
their
Church-Censures
,
prayed
aid
of
the
Civil
Magistracy
;
so
by
degrees
arose
the
penalties
of
Imprisonment
and
Burning
,
which
brought
the
whole
matter
into
Cognizance
before
the
Civil
Magistrate
,
because
no
Free
man
might
be
proceeded
against
for
loss
of
Life
or
Liberty
,
but
by
the
Laws
of
the
Nation
;
and
for
this
cause
the
Civil
Magistrate
granted
the
Writ
of
Habeas
Corpus
,
Writ
of
Burning
warrant
any
such
thing
;
partly
because
till
these
times
the
Canon-Law
was
the
best
ground
that
these
proceedings
had
,
and
the
course
therein
was
not
so
uniform
as
to
permit
the
Title
of
a
Custom
to
warrant
the
same
:
Conviction
being
sometimes
by
Jury
,
sometimes
according
to
the
Canon
,
sometimes
before
the
Ordinary
,
sometimes
before
the
Convocation
,
sometimes
before
the
King
,
sometimes
before
special
Delegates
,
as
the
Histories
of
the
Martyrs
more
particularly
set
forth
,
and
no
Act
of
Parliament
positive
in
the
point
.
But
the
time
is
now
come
,
when
nighest
Reformation
,
that
the
thing
is
setled
more
to
the
prejudice
of
Reformation
than
all
the
endeavours
foregoing
;
like
to
the
darkness
of
the
Night
,
that
is
at
the
Superlative
degree
when
nighest
break
of
Day
.
A
Statute
is
now
made
,
that
indeed
quite
blotted
out
the
very
name
of
the
Statute
of
Henry
the
Fourth
,
De
Haeretico
comburendo
,
That
Opinions
against
the
Authority
and
Laws
of
the
Bishop
of
Rome
were
not
Heresie
;
and
by
the
same
reason
might
have
done
more
of
that
kind
,
but
that
was
enough
to
tell
all
the
world
,
that
the
Parliament
could
define
what
was
not
Heresie
,
although
they
did
not
then
determine
what
was
Heresie
.
And
thus
the
judgement
of
the
Romish
Church
is
called
into
question
,
in
one
of
their
Fundamentals
,
and
the
Clergie
left
in
a
Muse
concerning
the
rule
upon
which
they
were
to
proceed
against
this
crime
.
The
Parliament
,
within
six
years
after
,
undertakes
,
though
somewhat
unhappily
,
to
determine
and
define
certain
points
of
Controversie
,
which
had
some
relation
to
the
Worship
of
God
,
and
the
publick
Peace
,
and
declared
the
contrary
to
these
determinations
to
be
Heresie
,
and
the
punishment
to
be
Death
and
Forfeiture
,
six
Articles
.
This
was
the
Clergies
Primer
,
wherein
they
imployed
their
study
,
as
making
most
for
their
design
,
and
laid
aside
thoughts
of
all
other
Heresies
as
dry
notions
,
or
old
fashions
laid
aside
,
and
not
worthy
the
setting
forth
to
the
common
sale
.
Secondly
,
The
Lesson
concerning
Marriage
was
no
less
difficult
for
the
Clergie
to
take
out
.
They
were
put
by
their
former
Authority
derived
from
abroad
,
and
their
ancient
rule
of
the
Canon-Law
.
With
the
Kings
leave
they
do
what
they
do
,
and
where
they
doubt
they
take
his
Commission
.
Jane
Fisher
:
In
the
Kings
Case
,
the
determining
part
is
put
to
the
Parliaments
conclusion
;
and
for
a
rule
in
other
cases
,
some
persons
are
enabled
to
marry
,
six
Articles
.
Matrimonial
Causes
is
theirs
onely
by
leave
.
Thirdly
,
Residency
,
and
Non-residency
,
was
a
Theme
formerly
learned
from
the
Canon-Law
,
in
which
,
as
also
in
the
thing
it self
,
the
Clergie
were
the
onely
skilful
men
.
The
rule
of
the
Canon-law
was
strict
enough
,
considering
the
times
,
but
it
was
not
●●eel
to
the
back
.
The
Parliament
now
undertakes
the
Cause
;
and
though
it
gave
,
in
some
respects
,
more
liberty
than
the
Canon
,
yet
stood
it
better
to
its
tackling
,
and
kept
a
stricter
hand
upon
the
reins
,
than
was
formerly
used
;
and
by
giving
a
general
rule
for
Dispensation
,
power
of
the
Keys
.
English
Prelacy
having
laid
aside
the
pretentions
of
Rome
,
they
put
the
world
to
a
gaze
,
to
see
which
way
they
would
go
.
In
the
innocent
infancy
of
Prelacy
,
it
was
led
by
the
hand
by
the
Presbytery
,
and
would
do
nothing
without
them
;
afterwards
,
having
gained
some
degree
of
height
and
strength
,
they
entred
themselves
to
be
Chariot-horses
to
the
Roman
Sun
,
till
they
had
set
all
on
fire
.
Now
unharnest
,
it
is
expected
they
should
return
to
their
former
Wits
;
nevertheless
forgetting
their
ancient
Yoak-fellows
,
the
rural
Presbyters
,
they
stable
with
the
King
;
use
his
name
sometimes
,
but
more
often
their
own
;
serving
him
with
Supremacie
,
as
he
them
with
authority
beyond
their
Sphere
.
They
raise
him
above
Parliament
,
he
them
above
Councils
;
so
as
they
do
what
they
list
,
Lord
s
,
the
King
never
gave
them
the
Keys
;
and
as
Bishops
,
the
Canon
did
not
;
yet
as
under
the
joynt
Title
of
Lord-Bishops
,
they
hold
themselves
priviledged
to
get
what
power
they
can
.
Two
things
they
reach
at
,
viz.
The
absolute
power
of
Imprisonment
,
and
of
Excommunication
in
all
causes
Ecclesiastical
.
The
Common
Law
would
never
yield
this
;
First
,
As
touching
Imprisonment
,
the
Statute
of
Henry
the
Fourth
concerning
Heresie
doth
lisp
some
such
power
:
of
what
force
the
same
Statute
is
,
First
,
with
Death
,
which
continued
for
some
Moneths
;
and
that
being
found
too
heavy
,
But
as
touching
Excommunication
,
it
was
to
no
purpose
for
them
to
struggle
:
the
Common
Law
would
never
permit
them
to
hold
possession
quietly
;
Cases
Testamentary
.
Divine
Right
,
and
lived
they
cared
not
by
what
wrong
:
But
the
Laity
enclining
too
much
to
the
new
Religion
,
as
then
it
was
termed
,
refused
to
yield
one
foot
unto
their
pretentions
.
And
so
like
two
Horses
tied
together
by
their
Bits
,
they
endeavour
after
several
courses
,
ever
and
anon
kicking
one
at
another
,
yet
still
bestrode
by
a
King
that
was
joynted
for
the
purpose
;
and
so
good
a
Horseman
,
that
neither
of
them
could
unhorse
him
,
till
Death
laid
him
on
the
ground
.
And
thus
was
the
Roman
Eagle
deplumed
,
every
Bird
had
its
own
Feather
;
the
great
men
the
Honours
and
Priviledges
,
the
meaner
men
the
Profits
;
and
so
an
end
to
Annates
,
Legatine
levies
,
Peter-pence
,
Mortuaries
,
Monasteries
,
and
all
that
Retinue
;
the
vast
expences
by
Bulls
,
and
Appeals
to
Rome
;
to
all
the
cares
,
expences
,
and
toil
in
attendance
on
the
Roman
Chair
:
The
beginning
of
all
the
happiness
of
England
.
CHAP.
XXXI
.
Of
Judicature
.
THese
two
Kings
were
men
of
towring
Spirits
,
liked
not
to
see
others
upon
the
Wing
;
in
which
regard
it
was
dangerous
to
be
great
,
and
more
safe
not
to
be
worthy
of
regard
.
Especially
in
the
times
of
Henry
the
Eighth
,
whose
motion
was
more
eager
:
and
there
was
no
coming
nigh
to
him
,
but
for
such
as
were
of
his
own
train
,
and
would
follow
as
fast
as
he
would
lead
;
and
therefore
generally
the
Commons
had
more
cause
to
praise
the
King
for
his
Justice
,
than
the
Nobility
had
.
Both
the
Kings
loved
the
air
of
profit
passing
well
,
(
but
the
latter
was
not
so
well
breathed
)
and
therefore
had
more
to
do
with
Courts
which
had
the
face
of
Justice
,
but
behind
were
for
the
Kings
Revenue
.
Such
were
the
Court
of
Requests
,
of
mean
Original
,
mean
Education
,
yet
by
continuance
attained
to
a
high
growth
:
The
Court
of
Tenths
and
first-Fruits
:
The
Court
of
Surveyors
:
The
Court
of
the
Lord
Steward
of
the
Houshold
:
The
Court
of
Commission
before
the
Admiral
:
The
Court
of
Wards
:
The
Court
of
the
President
of
the
North
:
The
Prerogative
Court
:
The
Court
of
Delegates
:
The
Court
of
Commission
of
Review
:
Others
of
more
private
regard
:
And
(
that
which
might
have
given
the
name
to
all
the
rest
)
the
Court
of
Augmentation
.
Besides
these
,
there
were
some
in
Wales
;
but
that
which
concerned
more
the
matter
of
Judicature
,
was
the
loss
of
that
grand
Liberty
of
that
Country
,
formerly
a
Province
belonging
to
this
Nation
,
First
,
by
annexing
the
Tenure
of
the
Marches
to
the
Crown
:
Then
upon
occasion
of
their
Rebellion
,
by
loss
of
many
of
their
wonted
Liberberties
.
Afterwards
Henry
the
Eighth
defaced
the
bounds
of
divers
the
ancient
Counties
,
and
setled
them
anew
,
and
the
bounds
of
the
Marches
also
,
and
appointed
Pleas
in
Courts
of
Judicature
to
be
holden
in
the
English
Tongue
.
And
last
of
all
,
re-united
them
again
to
the
English
Nation
,
giving
them
vote
in
Parliament
,
English
men
.
Secondly
,
as
Courts
and
Judicatories
multiplied
,
so
some
also
of
those
that
were
ancient
,
enlarged
their
Jurisdiction
,
especially
such
of
them
as
most
nighly
related
to
Prerogative
:
Amongst
others
the
Privy
Council
leads
the
way
;
who
now
began
to
have
too
much
to
do
in
a
double
capacity
,
one
at
the
Council-Table
,
the
other
at
the
Star
Chamber
:
For
now
their
power
began
to
be
diversly
considered
.
In
their
first
capacity
they
had
too
much
of
the
affairs
of
the
Common-Pleas
,
in
the
latter
they
had
too
much
of
the
Crown-Pleas
;
both
of
them
serving
rather
to
scare
men
from
doing
wrong
than
to
do
any
man
right
.
And
therefore
though
some
men
might
seem
to
have
some
recompence
,
yet
the
greatest
gain
fell
to
the
King
and
his
Courtiers
;
and
thus
became
Majesty
,
or
State
,
or
Prerogative
,
to
be
more
feared
than
beloved
.
What
the
power
of
the
Council
was
formerly
,
hath
already
been
manifested
,
that
which
both
these
Kings
conspired
in
,
and
whereby
they
gained
more
power
over
the
people
than
all
their
Predecessors
,
was
this
,
that
other
Kings
stood
too
much
upon
their
own
Legs
;
these
leaned
much
upon
the
Lords
,
and
gained
the
Lords
to
stick
close
to
them
;
and
in
this
they
had
both
the
Kings
Love
,
and
the
Peoples
Leave
,
who
now
disjoynted
upon
several
Interests
,
especially
that
of
Religion
,
must
be
contented
to
let
go
that
which
they
had
no
heart
to
hold
.
And
thus
they
obtained
a
Judicatory
power
over
the
people
;
like
that
of
great
men
whose
censures
are
commonly
above
capacity
,
and
not
like
to
that
of
the
Peers
.
This
was
begun
in
Henry
the
Seventh's
time
,
who
taking
occasion
to
complain
of
corruption
and
neglect
in
ordinary
Trials
of
the
Common
Law
,
gets
the
people
to
yield
to
the
Council
,
or
some
of
them
,
a
power
of
Oyer
and
Terminer
,
by
examination
upon
Bill
,
or
information
in
matters
concerning
Maintenance
,
Liveries
,
Retainders
,
Embraceries
,
corruption
in
Sheriffs
and
Juries
,
Riots
,
and
unlawful
,
Assemblies
,
crimes
all
of
them
of
the
same
bloud
with
Rebellion
,
which
the
King
as
much
hated
as
the
thought
of
his
Title
to
the
Crown
;
Judges
of
Assize
are
betrusted
with
all
,
and
that
Court
so
continued
for
as
many
years
more
;
and
then
the
King
marked
out
one
crime
amongst
the
rest
for
his
own
tooth
,
belonging
to
the
great
men
onely
;
The
plot
of
all
this
was
laid
by
Henry
the
Seventh
,
and
was
followed
by
Henry
the
Eighth
,
who
put
that
into
practice
.
(
which
his
Father
had
in
design
)
being
led
thereto
by
such
a
skilful
Guide
as
Cardinal
Wolsey
was
,
who
,
though
of
mean
Birth
,
yet
of
a
Spirit
above
a
King
,
and
equal
to
the
Popedom
,
strained
the
string
of
Prerogative
to
its
utmost
height
,
and
then
taught
the
King
to
play
thereon
;
which
he
did
after
his
blunt
manner
till
his
dying
day
.
And
thus
though
the
Clergie
are
brought
a
peg
lower
,
and
the
Nobility
advanced
higher
,
yet
was
it
the
policy
of
these
Kings
to
make
them
all
of
their
own
Livery
and
Retaindership
,
to
keep
them
in
an
upper
region
,
looking
on
the
poor
Commons
at
a
distance
far
below
;
and
well
it
was
for
the
Commons
thus
to
be
,
till
the
influence
of
these
blazing
Stars
grew
cooler
.
CHAP.
XXXII
.
Of
the
Militia
.
IT
may
fall
within
the
verge
of
Opinion
,
that
the
guilty
Title
of
Henry
the
Seventh
to
the
Crown
of
England
,
gauled
his
mind
with
jealousie
,
the
greatest
part
of
his
Reign
.
Whether
it
were
that
he
had
not
declared
himself
so
fully
upon
his
Title
by
his
Wife
,
or
that
as
yet
he
feared
some
unknown
Plantagenet
would
arise
and
put
his
Crown
to
the
question
.
This
made
him
skilful
in
the
point
of
Fortification
(
wherein
he
likewise
spent
the
greatest
part
of
his
Reign
)
not
so
much
by
force
of
Arms
(
for
he
cared
not
much
for
that
noise
,
well
knowing
that
Peace
is
the
safer
condition
for
a
King
that
comes
in
by
power
)
but
principally
by
way
of
gaining
Concessions
and
acknowledgement
from
the
Subjects
:
a
Musick
that
he
much
delighted
to
hear
,
well
knowing
it
would
conclude
those
amongst
them
that
knew
too
much
,
and
instruct
them
that
knew
too
little
;
and
so
in
time
he
should
pass
for
currant
amongst
them
all
.
It
was
no
hard
matter
for
the
King
to
accomplish
this
,
the
greater
part
of
the
Kindom
being
pre-ingaged
unto
his
Title
,
and
of
them
many
depending
upon
him
for
livelihood
,
if
he
failed
,
they
must
look
to
lose
all
.
But
the
present
occasion
urged
more
importantly
;
the
Title
to
the
Crown
was
already
put
to
the
question
,
by
the
pretentions
of
one
that
named
himself
Duke
of
York
:
And
it
is
now
high
time
for
the
Law
to
declare
it self
,
to
direct
the
people
in
such
a
Case
.
What
shall
the
people
do
where
Might
overcomes
Right
;
or
if
days
come
like
those
of
Henry
the
Sixth
,
wherein
the
Subjects
should
be
between
Two
Mill-stones
,
of
one
King
in
Title
,
and
another
King
in
possession
,
for
whom
must
they
take
up
Arms
?
If
for
Edward
the
Fourth
,
then
are
they
Traitors
to
Henry
the
Sixth
:
If
for
Henry
the
Sixth
,
then
are
they
Traitors
to
Edward
the
Fourth
.
And
so
now
,
if
for
Henry
the
Seventh
,
then
they
may
be
Traitors
to
the
Duke
of
York
:
If
for
the
Duke
of
York
,
then
are
they
Traitors
to
Henry
the
Seventh
.
For
though
the
Duke
of
York
was
said
to
be
but
a
contrivance
of
the
House
of
Burgundy
,
yet
a
great
part
,
both
of
the
great
men
and
others
,
were
of
another
opinion
;
and
the
King
himself
was
not
very
certain
of
his
condition
for
the
space
of
six
years
thereby
.
This
puts
the
Title
of
Allegiance
,
and
that
power
of
the
Militia
,
to
the
touch
:
at
length
both
King
and
Parliament
come
to
one
conclusion
,
consisting
of
three
particulars
.
First
,
That
the
King
for
the
time
being
(
whether
by
right
or
wrong
)
ought
to
have
the
Subjects
Allegiance
;
like
to
that
of
the
wise
Counsellor
of
that
brave
King
of
Israel
,
Whom
the
Lord
and
his
People
,
and
all
the
men
of
Israel
chuse
,
his
will
I
be
.
And
this
is
not
onely
declared
by
the
express
words
in
the
Preface
of
the
Law
,
Secondly
,
That
this
Allegiance
draweth
therewith
ingagement
for
the
defence
of
that
King
and
Kingdom
.
Thirdly
,
That
the
discharge
of
this
Service
,
whereto
the
Subjects
are
bound
by
Allegiance
,
ought
not
to
be
imputed
unto
them
as
Treason
:
Nor
shall
any
person
be
impeached
or
attained
therefore
.
The
first
and
the
last
of
these
need
no
dispute
.
The
Second
is
more
worthy
of
consideration
,
in
the
particular
words
set
down
in
the
Statute
,
viz.
That
the
Subjects
are
to
serve
their
Prince
in
his
Wars
,
for
the
defence
of
him
and
the
Land
,
against
every
Rebellion
,
Power
,
and
Might
,
reared
against
him
;
and
with
him
to
enter
and
abide
in
Service
in
Battle
.
Wherein
two
things
are
to
be
considered
,
the
Service
,
and
the
time
or
occasion
.
The
Service
is
,
to
serve
the
Prince
in
his
Wars
,
and
with
him
to
enter
and
abide
in
service
in
Battel
:
which
is
the
less
to
be
stood
upon
,
because
there
is
a
condition
annexed
,
if
the
case
so
require
;
which
must
be
determined
by
some
Authority
,
not
particularly
mentioned
:
Albeit
,
that
whatsoever
is
therein
set
down
,
is
onely
by
way
of
supposal
in
a
Preface
annexed
to
the
Law
by
the
King
,
and
permitted
by
the
Commons
,
that
were
as
willing
the
same
should
be
allowed
,
as
the
King
himself
;
both
of
them
being
weary
of
Wars
,
and
willing
to
admit
this
Conclusion
,
for
the
better
security
of
them
both
in
these
doubtful
times
.
But
to
lay
all
these
aside
:
for
the
Case
is
not
stated
,
till
the
Cause
be
considered
;
all
this
must
be
onely
when
and
where
the
King's
Person
and
Kingdom
is
endangered
by
Rebellion
,
Power
or
Might
reared
against
him
.
So
as
the
King's
Person
must
be
present
in
the
War
for
the
defence
of
the
Kingdom
,
or
no
man
is
bound
by
his
Allegiance
to
hazard
his
own
life
.
And
then
this
point
of
Allegiance
consisteth
onely
in
defending
the
King
in
the
defence
of
the
Land
,
or
more
particularly
in
defending
the
King's
Person
,
he
being
then
in
the
defence
of
the
Land
;
and
defending
him
in
order
to
the
defence
of
the
Land
.
So
as
no
man
can
rationally
infer
from
hence
,
that
the
King
hath
an
universal
power
of
Array
when
he
pleases
;
because
the
King
,
when
he
pleases
,
may
not
levy
War
,
nor
make
other
War
than
a
defensive
War
,
when
the
Land
is
endangered
,
when
need
shall
require
;
as
another
Statute
hath
it
.
But
who
shall
determine
this
need
or
danger
,
neither
in
these
or
any
other
Laws
is
mentioned
;
either
out
of
want
of
occasion
,
or
by
reason
of
the
tenderness
of
the
times
,
wherein
both
Prince
and
People
were
willing
to
decline
the
Question
.
Secondly
,
the
persons
that
are
to
do
this
service
,
are
to
be
considered
of
;
and
although
they
are
indefinitely
set
down
under
the
word
Subjects
,
it
may
be
supposed
that
the
word
is
not
to
be
taken
in
so
large
a
sence
,
as
to
comprehend
all
of
all
Ages
,
Sexes
,
Callings
,
and
Conditions
;
in
regard
that
even
by
the
Common-Law
,
some
of
each
of
these
sorts
are
discharged
from
such
service
.
But
it
may
seem
,
the
King
was
neither
satisfied
with
the
expressions
of
this
first
Law
concerning
the
occasion
or
time
of
this
service
;
nor
did
he
see
sufficient
ground
,
under
the
notion
of
bare
Allegiance
,
to
desire
more
.
New
ways
are
by
him
found
out
;
his
Patentees
were
not
a
few
:
and
although
few
or
none
could
ever
boast
much
of
any
cheap
Purchases
gained
from
him
(
for
he
was
wont
to
be
well
paid
beforehand
for
his
Patents
,
either
by
Money
,
or
that
which
was
as
beneficial
to
him
,
)
yet
he
was
resolved
,
that
their
holding
should
be
no
less
advantageous
to
him
,
than
their
having
.
And
therefore
in
plain
words
he
lets
them
know
,
that
notwithstanding
former
consideration
,
upon
which
they
had
their
Patents
at
the
first
,
they
must
fight
for
him
,
absolute
Allegiance
:
for
being
to
shew
the
Equity
of
the
Law
,
in
regard
of
their
Allegiance
,
he
tells
them
,
That
every
Subject
is
bound
by
his
Allegiance
,
to
serve
and
assist
his
Prince
and
Soveraign
Lord
,
at
all
seasons
,
when
need
shall
require
.
General
words
,
that
affirm
nothing
in
certainty
,
yet
do
glance
shrewdly
upon
an
absolute
and
universal
assistance
.
Then
coming
to
drive
the
Nail
home
,
it
is
said
,
that
the
Patentees
are
bound
to
give
their
attendance
upon
his
Royal
Person
,
to
defend
the
same
when
he
shall
fortune
to
go
in
his
person
to
Wars
,
for
the
defence
of
the
Realm
,
or
against
his
Rebels
and
Enemies
.
(
And
as
another
Statute
addeth
)
Within
the
same
Realm
,
or
without
,
and
according
to
their
Allegiance
;
and
not
to
depart
without
especial
License
,
or
until
general
Proclamation
of
dismission
.
In
short
therefore
,
here
is
a
new
Militia
,
as
touching
the
King's
Patentees
;
they
must
attend
the
King's
Person
whither
ever
the
King
will
lead
them
,
either
within
the
Realm
,
or
without
;
whether
against
such
as
he
will
suppose
to
be
his
Enemies
abroad
,
or
if
he
will
mistake
his
Subjects
for
his
Enemies
at
home
.
And
this
under
the
colour
of
Allegiance
,
published
in
doubtful
expressions
,
as
if
it
were
not
meet
that
Henry
the
Seventh
(
that
loved
not
to
yoke
himself
to
the
Law
)
should
yoke
his
Laws
under
the
Laws
of
plain
Language
:
Or
rather
,
that
he
held
it
a
point
of
Policy
to
publish
his
Laws
in
a
doubtful
stile
,
that
such
as
durst
question
his
Laws
,
might
have
no
positive
Charge
against
them
;
and
such
as
dared
not
to
enter
into
the
Lists
with
him
,
might
not
be
bold
to
come
nigh
the
breadth
of
them
.
Nevertheless
,
neither
doth
the
glance
of
Allegiance
in
the
Preface
of
the
former
,
Secondly
,
Let
the
Claim
of
Kings
be
what
they
will
,
yet
the
matter
in
fact
shews
plainly
that
they
never
had
possession
of
what
they
claimed
.
Both
these
Kings
pretended
a
Foreign
War
,
each
of
them
once
against
one
and
the
same
Nation
,
and
to
that
end
advanced
to
one
place
with
their
Armies
;
although
the
one
went
in
good
earnest
,
the
other
in
jest
.
Their
Armies
were
not
gathered
by
Prerogative
,
but
of
Voluntiers
:
This
not
onely
the
Records
,
but
also
the
Statutes
do
clearly
set
forth
.
Some
Souldiers
served
under
Captains
of
their
own
choice
;
and
therefore
the
Law
inflicteth
a
Penalty
upon
such
Captains
as
bring
not
their
number
compleat
,
according
to
their
undertaking
:
Thirdly
,
Concerning
the
Pay
of
the
Souldier
,
the
Law
was
the
same
as
formerly
,
the
same
was
ascertained
by
the
Statute-Law
:
the
payment
was
to
be
made
by
the
Captain
,
Fourthly
,
As
touching
the
Souldiers
service
,
the
same
course
also
was
taken
as
before
;
if
they
desert
their
Colours
,
they
should
be
punished
as
Felons
,
and
the
manner
of
trial
to
be
at
the
Common-Law
.
Fifthly
,
For
Fortifications
,
the
power
properly
belongeth
to
the
Supreme
Authority
to
give
order
therein
.
For
the
People
may
not
fortifie
themselves
(
otherwise
than
in
their
particular
Houses
,
which
are
reputed
every
man's
Castle
)
because
publick
Forts
are
Enemies
to
the
publick
Peace
,
unless
in
case
of
publick
danger
;
concerning
which
,
private
persons
can
make
no
determination
.
And
furthermore
,
no
Fortifications
can
be
made
and
maintained
,
without
abridgement
of
the
Common
Liberty
of
the
People
;
either
by
impairing
their
Free-hold
,
or
exacting
their
Labour
,
or
other
Contribution
;
none
of
which
ought
to
be
done
,
but
by
publick
Law.
And
therefore
when
the
Inhabitants
of
the
County
of
Cornwal
were
to
make
defence
against
Invasion
and
Piracy
from
the
Coast
of
Little
Britain
,
in
regard
they
were
a
long
slender
County
,
and
upon
sudden
surprizals
People
could
not
so
readily
flock
together
for
their
joynt
defence
,
they
obtained
an
Act
of
Parliament
to
give
them
power
to
fortifie
the
Sea-coasts
according
to
the
direction
of
the
Sheriff
and
Justices
of
the
Peace
.
Lastly
,
Wars
once
begun
,
must
be
maintained
at
the
charge
of
the
undertakers
.
If
they
be
the
Kings
own
Wars
,
he
must
maintain
them
out
of
his
own
Treasury
,
till
the
benefit
of
them
do
prove
to
the
common
good
;
and
in
such
cases
the
charges
have
been
sometimes
provided
before
the
work
,
by
Act
of
Parliament
,
and
sometimes
after
.
Henry
the
Seventh
,
and
Henry
the
Eighth
,
both
of
them
at
their
several
times
went
to
Boloigne
with
their
Armies
.
Henry
the
Seventh
with
an
intent
to
gain
profit
to
himself
by
an
advantagious
peace
;
and
had
his
ends
therein
,
and
was
ashamed
to
ask
aid
of
the
people
towards
the
charges
of
that
War
.
Henry
the
Eighth
went
upon
his
own
charge
also
with
his
Army
,
trusting
to
the
Parliament
for
consideration
to
be
had
of
his
employment
(
wherein
his
expectation
did
not
fail
)
and
in
his
absence
made
Queen
Katherine
General
of
all
the
Forces
of
England
in
his
absence
,
and
gave
her
power
,
with
other
five
Noble
Personages
,
to
take
up
Money
upon
Loan
,
as
occasion
should
require
,
and
to
give
security
of
the
same
,
for
the
maintaining
and
raising
of
Forces
,
if
need
should
require
;
as
is
more
particularly
set
forth
in
the
Patent-rolls
of
these
times
.
Nevertheless
,
the
War
at
Sea
Infra
quatuor
Maria
,
was
ever
reputed
defensive
as
to
the
Nation
,
and
under
the
publick
charge
;
because
no
War
could
be
there
,
but
an
Enemy
must
be
at
hand
,
and
so
the
Nation
in
imminent
danger
;
and
therefore
the
maintenance
of
the
Navy-Royal
in
such
cases
,
was
from
the
publick
Treasury
.
To
conclude
therefore
,
if
the
Parliament
and
Common
Law
in
all
these
Cases
of
Levies
of
men
for
War
,
CHAP.
XXXIII
.
Of
the
Peace
.
PEace
and
War
originally
depend
upon
the
same
power
,
because
they
relate
each
to
other
,
as
the
end
to
the
means
;
and
receive
motion
from
one
and
the
same
Fountain
of
Law
,
that
ruleth
both
in
Peace
and
War
.
It
is
very
true
,
that
several
Ages
hitherto
have
been
troubled
with
arbitrary
Exhalations
;
and
these
very
times
whereof
we
now
treat
,
are
not
altogether
clear
from
such
an
air
.
Two
Kings
we
have
at
once
in
view
,
both
of
them
of
an
elate
spirit
;
one
working
more
closely
by
cunning
,
the
other
more
openly
by
Command
,
yet
neither
of
them
pretending
so
high
as
to
do
all
,
or
be
all
in
all
.
Peace
suited
more
with
Henry
the
Seventh
,
than
with
his
Son
,
who
delighted
to
be
accounted
terrible
,
rather
than
good
;
yet
both
of
them
were
glad
enough
to
be
at
peace
at
home
,
and
were
industrious
to
that
end
,
though
by
several
means
.
Henry
the
Seventh
pretended
Justice
and
Peace
,
(
a
welcome
news
to
a
people
that
formerly
accounted
nothing
theirs
but
by
the
leave
of
the
Souldier
)
and
therefore
sets
upon
the
Reformation
of
the
Sheriffs
Courts
,
Secondly
,
he
reforms
Goals
,
as
well
in
their
number
as
their
use
.
During
the
Civil
Wars
,
every
small
party
of
men
that
could
get
a
strong
place
,
made
the
same
not
onely
a
Castle
,
but
a
Goal
,
and
usually
imprisoned
and
ransomed
at
their
own
pleasure
.
Thirdly
,
both
Kings
concur
in
providing
against
such
disorders
,
as
more
immediately
did
trench
upon
the
publick
Peace
,
and
reached
at
the
Crown
it self
,
by
labouring
to
prevent
by
severe
punishing
;
and
lastly
,
by
regulating
the
proceedings
of
Judicature
in
such
cases
.
These
disorders
were
two
;
inordinate
wearing
of
Liveries
,
and
unlawful
Assemblies
:
The
first
being
in
nature
of
unlawful
assembly
of
minds
and
spirits
of
men
;
the
second
,
of
their
bodies
and
persons
.
Both
these
had
formerly
been
provided
against
;
but
the
Judges
of
the
Common
Law
,
unto
whose
Cognizance
these
Crim●
were
holden
,
did
restrain
their
punishments
to
the
rule
of
the
Common
Law
,
then
thought
to
be
too
facile
and
mean
for
disorders
that
did
flie
at
so
high
a
pitch
;
and
therefore
they
are
reduced
before
a
higher
Tribunal
,
as
matter
of
State
,
as
hath
been
already
mentioned
.
This
Crime
of
Treason
,
at
first
it
concerned
matters
acted
against
the
Nation
;
afterwards
it
reached
to
matters
acted
against
the
King
;
now
it
reacheth
even
to
the
very
thoughts
and
imaginations
of
the
heart
;
not
onely
of
bodily
harm
to
the
King
,
English
Allegiance
tieth
the
Subject
,
not
onely
to
the
safety
of
the
Person
of
the
King
,
but
also
to
the
Queen
and
Heir
apparent
;
otherwise
the
offence
is
made
and
declared
Treason
against
the
King.
Secondly
,
The
Election
of
the
Object
is
to
be
considered
:
for
whether
the
one
or
other
Statute
be
observed
,
it
will
appear
,
that
although
the
King
was
the
next
object
expressed
,
yet
a
further
was
intended
;
and
that
the
Crime
is
not
intended
,
in
regard
of
his
natural
Capacity
as
a
man
,
but
of
his
politick
Capacity
,
and
in
relation
to
the
Common
good
of
the
Nation
.
And
this
is
evident
,
not
onely
from
the
several
Prefaces
of
the
Laws
,
but
also
from
the
manner
of
Election
,
whereby
the
Title
of
Heir
apparent
is
taken
up
,
and
not
the
Eldest
Son
or
Daughter
,
or
these
,
and
not
the
other
Children
,
all
which
are
equally
dearly
beloved
in
natural
regard
.
Thirdly
,
Though
at
the
Common
Law
Treason
be
properly
a
Crime
against
Allegiance
,
yet
as
in
Cases
of
Felony
crimes
may
be
by
the
Statute
made
as
Treason
,
which
at
the
Common
Law
are
not
against
the
Legiance
of
an
English
man
;
for
this
remaineth
ever
one
and
the
same
:
but
one
and
the
same
fact
may
be
made
Treason
,
and
unmade
,
by
the
Statute-law
,
as
befel
this
Law
of
Henry
the
Eighth
,
by
a
Law
within
twenty
years
after
;
like
as
also
in
former
times
,
one
and
the
same
fact
hath
many
times
received
the
like
measure
.
And
lastly
,
The
policy
of
these
times
thus
irritated
against
Treason
,
But
let
the
Laws
be
never
so
severe
,
if
they
have
not
free
liberty
to
walk
at
large
,
they
are
soon
ghostless
;
and
therefore
these
two
Kings
,
especally
the
later
,
gained
that
Honour
above
their
Predecessors
,
that
they
gave
the
Law
a
free
and
full
scope
over
all
persons
but
themselves
and
their
Assignees
,
and
in
all
places
.
First
,
concerning
places
,
every
one
knows
the
Notion
,
but
few
considered
the
extent
of
Sanctuary
ground
in
England
,
that
could
sanctifie
any
crime
or
criminal
person
in
such
manner
,
that
though
the
eye
of
Justice
could
see
,
yet
the
hand
of
Justice
could
never
reach
them
,
till
Henry
the
Eighth
plundred
them
of
all
their
Sanctity
,
and
made
all
places
common
.
So
as
no
Treason
could
hide
it self
,
but
where
the
Act
of
Parliament
did
appoint
,
horns
of
the
Altar
)
and
was
ever
after
known
by
a
brand
in
the
hand
.
Holy
Orders
.
But
Henry
the
Eighth
coming
on
,
in
point
of
Treason
,
made
all
persons
common
,
Holy
Orders
,
Two
difficulties
yet
remain
,
which
hindred
the
execution
of
the
Laws
against
Treason
.
One
,
concerning
the
Place
;
the
other
,
the
Person
.
The
Place
many
times
of
the
plotting
and
beginning
of
the
Treason
befalleth
to
be
without
the
walk
of
the
Kings
Writ
;
in
which
Case
by
the
Common
Law
it
cannot
be
inquired
or
tried
:
or
it
may
be
,
that
the
men
of
the
place
be
generally
disaffected
,
and
then
no
hope
of
finding
out
the
matter
.
The
Person
of
the
Delinquent
also
many
times
changed
its
condition
;
it
might
be
sober
at
the
time
of
the
Delinquency
,
and
afterwards
upon
discovery
prove
Lunatick
,
and
thereby
avoid
the
Trial
;
this
,
whether
in
jest
or
earnest
,
That
in
case
the
Fact
be
confessed
by
the
Delinquent
before
the
Lords
of
the
Council
,
at
such
time
as
the
party
accused
was
of
sound
mind
,
and
the
same
be
attested
under
the
hands
of
four
of
those
Lords
,
the
same
shall
be
a
good
ground
to
proceed
to
inquisition
before
Commissioners
;
and
the
same
being
found
,
to
try
the
Delinquent
without
answer
or
appearance
,
saving
unto
Barons
their
Trial
by
their
Peers
.
And
thus
however
in
their
Fits
,
the
Will
of
the
Persons
of
these
Kings
was
too
hardy
for
the
Kings
to
manage
according
to
rule
,
yet
the
Law
still
in
Title
kept
the
Saddle
,
held
the
Reins
,
and
remaineth
the
chief
Arbitrator
unto
every
man
.
CHAP.
XXXIV
.
Of
the
general
Government
of
Edward
the
Sixth
,
Queen
Mary
,
and
Queen
Elizabeth
.
WE
are
at
length
come
within
sight
of
the
shore
,
where
finding
the
Currents
various
and
swift
,
and
the
Waves
rough
,
I
shall
first
make
my
course
through
them
severally
,
and
then
shall
bring
up
the
general
Account
of
the
Reigns
of
One
King
and
Three
Governours
.
The
King
was
a
Youth
of
about
Ten
years
old
,
yet
was
older
than
he
seemed
by
Eleven
years
;
for
he
had
all
the
Ammunition
of
a
wise
King
,
and
in
one
respect
,
beyond
all
his
Predecessors
,
that
made
him
King
indeed
,
By
the
Grace
of
God.
He
was
the
onely
Son
of
Henry
the
Eighth
;
yet
that
was
not
all
his
Title
,
he
being
the
first
President
in
the
point
of
a
young
Son
,
and
two
elder
Daughters
by
several
venters
;
the
eldest
of
whom
was
now
thirty
years
old
,
able
enough
to
settle
the
Government
of
a
distracted
Nation
;
and
the
Son
so
young
,
as
by
an
Act
of
Parliament
,
he
was
disabled
to
settle
any
Government
at
all
,
till
he
should
pass
the
Fifteenth
year
of
his
Reign
.
But
the
thing
was
setled
in
the
life-time
of
his
Father
,
whose
last
Will
,
though
it
speak
the
choce
,
yet
the
Parliament
made
the
Election
,
and
declared
it
.
The
condition
of
this
King's
Person
was
every
way
tender
;
The
Model
of
his
Government
was
as
tender
as
himself
,
scarce
induring
to
see
his
Funeral
;
ready
for
every
change
,
subject
to
tumults
and
Rebellions
;
an
old
trick
that
ever
attends
the
beginning
of
Reformation
,
like
the
Wind
the
Sun-rising
.
The
diversity
of
Interests
in
the
Great
men
,
especially
in
point
of
Religion
,
for
the
most
part
first
set
these
into
motion
;
for
some
of
them
had
been
so
long
maintained
by
the
Romish
Law
,
that
they
could
never
endure
the
Gospel
:
and
yet
the
different
Interests
in
matters
of
State
made
the
greater
noise
.
All
was
under
a
protector
fitly
composed
to
the
Kings
mind
,
but
ill
matched
with
rugged
,
humorous
,
aspiring
minds
;
whereof
one
that
should
have
been
the
Protectors
great
Friend
,
became
his
fatal
Enemy
;
and
though
he
were
his
Brother
,
to
prejudice
his
Interest
,
pawned
his
own
blood
.
The
other
,
which
was
the
Duke
of
Northumberland
,
had
his
will
,
but
missed
his
end
:
for
having
removed
the
Protector
out
of
the
way
,
and
gotten
the
chief
power
about
the
King
,
yet
could
he
not
hold
long
what
he
had
gotten
;
for
the
King
himself
,
after
Sixteen
months
decaying
,
went
into
another
world
,
and
left
the
Duke
to
stand
or
fall
before
some
other
Power
;
which
came
to
pass
upon
the
entry
of
the
next
Successor
.
The
greatest
trouble
of
his
Government
arose
from
the
prosecution
of
a
design
of
his
Grandfather
,
Henry
the
Seventh
,
for
the
uniting
of
the
two
Crowns
of
England
and
Scotland
by
marriage
,
and
setling
an
enduring
Peace
within
this
Isle
:
and
unto
this
Work
all
were
Aiders
in
both
Nations
,
but
the
Enemies
of
both
.
But
God's
ways
are
not
as
Man
's
;
it
is
a
rare
Example
,
to
find
out
one
Marriage
that
did
ever
thrive
to
this
end
.
England
meaned
well
,
in
proffering
Love
;
but
the
Wooing
was
ill-favouredly
carried
on
,
by
so
much
Bloud
.
Lastly
,
As
the
Government
was
now
tender
,
so
was
it
carried
with
much
compliance
with
the
People
:
which
ever
gives
occasion
to
such
of
them
that
are
irregular
,
to
be
more
;
and
such
as
are
well
governed
,
to
be
less
;
because
,
though
pleasing
it
be
,
yet
it
is
with
less
awe
and
spirit
:
which
renders
their
obedience
,
at
the
best
,
but
careless
and
idle
;
unless
such
as
are
very
consciencious
be
the
more
careful
over
their
own
ways
,
by
how
much
their
Superiours
are
the
less
.
NOT
thus
was
Queen
Mary
,
reason
of
State
,
partly
to
enable
her
with
greater
security
in
the
resetling
of
her
Kingdom
in
the
Popish
Religion
,
wherein
she
knew
she
had
to
do
with
a
People
not
easie
to
be
reduced
,
where
Conscience
pretended
Reluctancy
;
and
partly
to
assure
her
Dominion
against
the
Out-works
of
the
French
and
Scotish
designs
.
And
so
she
yielded
up
the
Supremacy
of
her
Person
to
the
Prince
of
Spain
,
but
(
thanks
to
the
Nobility
)
the
Supremacy
of
the
Kingdom
was
reserved
to
her
own
use
:
for
it
was
once
in
her
purpose
to
have
given
up
all
to
the
man
,
rather
than
to
miss
of
the
man
.
And
yet
their
condition
was
not
much
comfortable
to
either
:
The
Peoples
dislike
of
the
Match
sounded
so
loud
abroad
,
that
when
the
Prince
was
to
come
over
,
the
Emperour
his
Father
demanded
fifty
Pledges
for
his
Sons
safety
during
his
abode
in
this
Land
;
which
was
also
denied
.
When
he
was
come
over
,
the
English
fear
the
Spanish
Tyranny
;
and
the
Spanish
,
King
Regnant
and
the
Queen
Regent
,
the
Government
of
England
became
like
a
Knot
dissolving
,
neither
fast
nor
loose
.
Towards
the
People
she
might
well
be
reserved
,
if
not
rigid
:
for
she
knew
her
entry
was
not
very
acceptable
,
though
accepted
;
and
that
her
Design
was
contrary
to
her
Engagements
:
and
therefore
it
was
vain
to
think
to
please
her self
,
and
pleasure
them
.
Nor
did
she
much
busie
her
thoughts
therewith
:
that
abominated
trick
of
Impost
upon
Merchandize
she
brought
into
fashion
,
which
had
by
many
publick
Acts
been
damned
for
the
space
of
two
hundred
years
.
This
was
done
without
either
shame
or
fear
:
This
distance
between
her
and
her
King
,
wrought
her
to
a
more
nigh
dependency
upon
her
Council
and
English
Nobility
;
and
so
became
less
discerned
in
her
Government
;
although
questionless
she
did
much
,
and
wanted
not
Wisdom
or
Courage
to
have
done
more
,
but
that
she
was
not
wholly
her
own
Woman
.
All
men
do
agree
that
she
was
devout
in
her
kind
of
Profession
,
and
therein
as
deeply
engaged
as
her
Brother
Edward
had
been
in
his
;
though
it
may
be
he
out
of
tenderness
of
Conscience
,
but
she
out
of
a
Spanish
kind
of
gravity
,
that
endures
not
change
:
and
whereunto
she
was
well
aided
by
her
Clergie
,
who
were
her
beloved
for
her
Mothers
sake
;
and
now
also
so
much
the
more
sowre
,
by
how
much
the
nigher
to
the
bottom
.
It
is
the
less
wonder
therefore
,
if
the
Zeal
of
these
times
burnt
into
a
flame
,
that
at
length
consumed
even
those
that
kindled
it
.
In
one
thing
more
,
above
all
the
rest
,
she
acted
the
part
of
her
Sex
,
rather
than
that
of
her
Place
;
and
the
same
contrary
to
the
advice
of
her
Ghostly
Fathers
,
and
all
Rules
of
Policy
,
and
the
Agreement
between
her
King
and
self
upon
Marriage
;
which
was
the
engaging
of
England
in
the
War
at
St.
Quintins
,
against
the
French
,
contrary
to
the
National
League
formerly
made
.
Nevertheless
,
the
Issue
was
but
suitable
:
for
though
the
English
obtained
their
part
of
the
Honour
of
that
day
,
yet
in
the
consequence
they
lost
Callis
,
the
last
foot
that
the
English
had
in
France
;
henceforth
England
must
be
content
with
a
bare
Title
.
As
this
was
deserved
,
so
was
it
also
reserved
by
the
Queen
,
to
make
the
world
believe
that
she
died
for
grief
therefore
as
a
Mother
of
her
Country
;
although
her
bodily
Disease
,
contracted
by
a
Conception
,
wherein
she
beguiled
both
her self
and
the
world
,
concurred
thereto
.
In
sum
,
the
worst
that
can
be
said
of
her
,
is
this
,
That
she
was
ill-principled
;
and
the
best
,
That
she
acted
according
to
her
Principles
:
And
so
lived
an
uncomfortable
Life
,
shaped
a
bloudy
Reign
,
and
had
but
a
dim
Conclusion
.
The
Night
was
now
spent
,
and
Queen
Elizabeth
,
The
first
step
thus
made
,
one
made
way
for
another
,
till
the
whole
became
levened
.
Her
proceedings
against
Opposers
were
with
much
lenity
,
rather
overlooking
,
than
looking
on
;
and
such
as
stood
more
directly
in
her
Path
,
she
would
rather
set
aside
than
trample
down
;
and
be
fair
to
all
(
without
respect
to
difference
of
Religion
)
that
would
be
fair
to
her
.
That
a
Courtier
might
make
a
better
Meal
of
one
good
Look
from
her
,
than
of
a
Gift
from
some
other
King.
Another
Felicity
she
had
beyond
others
of
her
place
;
She
loved
not
to
be
tied
,
but
would
be
knit
unto
her
People
.
To
them
she
committed
her
confidence
under
God
,
and
they
to
her
their
chiefest
Treasure
on
Earth
,
viz.
Their
hearts
to
her
Parliament
,
which
was
the
most
considerable
Party
that
she
had
to
deal
with
.
She
could
personate
Majesty
equal
to
any
Emperour
;
and
advise
,
commend
,
yea
,
and
chide
if
she
saw
occasion
:
And
yet
ever
had
a
trick
to
come
off
with
a
kind
Conclusion
,
without
blur
of
Honour
.
So
as
of
thirteen
Parliaments
called
during
her
Reign
,
not
one
became
abortive
by
unkindness
;
and
yet
not
any
one
of
them
passed
without
Subsidy
granted
by
the
People
,
but
one
wherein
none
was
desired
.
And
sometimes
the
Aid
was
so
liberal
,
that
she
refused
the
one
half
,
However
,
her
love
she
held
under
her
own
power
,
and
therein
excelled
her
Forefathers
.
She
had
the
Precedent
of
her
Sister
(
that
adventured
upon
a
Prince
for
her
Bed
,
and
missed
what
she
expected
,
and
lost
what
she
had
)
and
thereby
learned
to
call
into
question
the
possibility
for
her
to
gain
the
private
Contentments
of
a
married
Life
,
and
therewith
maintain
her
publick
Interest
in
the
Kingdom
;
and
therefore
resolved
rather
to
sit
alone
,
than
to
sit
below
;
and
to
refuse
the
help
of
any
Consort
,
rather
than
to
part
with
any
one
jot
of
her
Interest
in
the
People
.
So
she
remained
above
the
People
and
her self
,
and
thereby
enjoyed
both
.
But
Custom
in
Government
growing
,
together
with
Infirmities
of
Age
,
made
her
Regency
taste
somewhat
stale
and
spiritless
,
and
gave
occasion
to
mens
minds
to
wander
after
the
next
Successor
.
Before
she
had
been
nine
years
Queen
,
this
scrutiny
was
once
begun
;
but
it
received
a
fair
answer
of
delay
,
because
it
was
then
taken
as
done
in
love
:
now
the
apprehensions
hereof
,
according
to
her
age
,
are
more
sad
;
she
thinks
them
weary
of
her
,
and
thereupon
she
is
weary
of
her self
and
them
.
She
supposes
she
can
no
longer
give
them
content
;
the
Lords
have
the
power
,
they
will
not
be
ruled
:
and
such
like
dark
thoughts
working
upon
an
aged
body
,
weakned
with
other
infirmities
,
wasted
her
spirits
,
and
hastned
a
conclusion
unto
a
weary
life
,
her self
not
unwilling
herewith
,
and
her
Courtiers
less
;
who
expecting
more
from
Successors
than
they
find
,
lived
to
dis-desire
and
unwish
their
former
choice
,
by
late
repentance
.
Thus
making
the
ending
of
her
days
,
she
renewing
of
her
Reign
in
the
hearts
of
all
that
observed
her
alive
,
or
consider
her
(
now
dead
)
in
the
written
Registers
of
her
Fame
.
CHAP.
XXXV
.
Of
the
Supreme
Power
during
these
Times
.
THE
Supreme
Power
,
but
erewhile
monstrous
in
the
two
former
Kings
times
for
Greatness
,
now
suffers
as
great
a
diminution
,
over-shadowed
by
Infancy
,
Womanhood
,
and
Coverture
;
and
gives
the
People
breath
to
beware
for
the
future
,
Ne
potentes
si
nocere
velint
non
possent
.
Nevertheless
,
the
loss
was
onely
of
the
Hydropical
humour
,
and
the
Government
came
forth
more
clearly
like
it self
.
In
the
point
of
Infancy
,
Edward
the
Sixth
bears
it
forth
,
being
the
seventh
President
of
Infancy
ruling
under
Protectorship
since
the
Norman
times
;
yet
beyond
all
the
rest
in
managing
his
Supremacy
in
Church-matters
,
which
none
of
them
all
did
ever
engage
upon
before
him
.
English
Prerogative
and
Supremacy
,
are
Notions
of
a
sublime
nature
,
and
commonly
looked
upon
as
the
Holy
Mount
at
the
delivery
of
the
Law
,
at
a
great
distance
,
for
fear
of
death
or
undoing
;
and
yet
it
is
such
a
thing
as
a
child
may
handle
without
hurt
done
either
to
the
Estates
,
Persons
,
or
Consciences
of
any
man
;
because
it
is
presupposed
he
does
nothing
but
what
the
Law
first
dictates
by
his
Council
unto
him
.
There
is
then
no
Infancy
in
the
Crown
,
though
in
the
Person
,
because
the
wisdom
of
the
Crown
is
not
intended
to
rest
in
one
Person
,
but
in
the
Counsels
of
many
,
who
are
equally
wise
,
whether
the
Person
of
the
King
be
old
or
young
.
And
the
Statutes
made
by
Henry
the
Eighth
,
The
Parliament
had
crowned
Proclamations
at
the
instance
of
Henry
the
Eighth
,
Conge
d'eslire
;
yet
did
the
Parliament
neither
yield
or
acknowledge
any
Legislative
power
to
be
in
the
Crown
thereby
,
but
proceeded
on
in
that
way
of
the
thirty
and
two
Commissioners
formerly
agreed
upon
by
them
,
in
the
time
of
the
King's
Father
.
Thus
the
King
,
though
an
Infant
,
was
a
gainer
,
Secondly
,
That
Crown
that
may
be
worn
by
an
Infant
,
may
much
rather
be
worn
by
a
Woman
,
whose
natural
endowments
do
far
exceed
the
other
,
and
are
not
inferiour
unto
the
most
of
men
.
Of
this
we
have
two
Examples
in
these
times
,
Queen
Mary
and
Queen
Elizabeth
,
of
several
professions
in
matters
of
Religion
,
and
liable
to
exceptions
in
regard
of
their
Sex
,
by
men
of
the
counter-profession
on
both
sides
;
yet
both
upheld
the
Honour
of
the
Crown
,
though
therein
the
one
more
especially
,
being
neither
ingaged
in
the
Roman
Cause
,
nor
in
the
Estate
of
Marriage
,
as
the
other
was
.
This
was
Queen
Elizabeth
,
in
person
a
Woman
,
but
in
mind
endowed
with
all
the
perfections
of
a
man
:
she
could
not
endure
to
abate
one
hairs
breadth
of
her
State
;
and
yet
upon
the
sole
regard
of
her
Sex
,
she
submitted
her
Title
of
Supremacy
,
to
a
more
moderate
name
of
Supream
Governour
,
whereas
her
Father
would
be
called
Supream
Head
;
as
if
it
were
not
onely
hazardous
,
but
hideous
for
a
Woman
to
be
Supream
Head
of
the
Church
.
Lastly
,
Neither
had
the
Queen
,
nor
her
Commissioners
,
nor
Bishops
,
absolute
power
over
the
Church-Censures
;
no
Censure
was
regarded
but
Excommunication
,
and
that
no
further
than
in
order
to
the
Writ
De
Excommunicato
capiendo
;
and
in
all
Cases
the
same
was
to
be
regulated
according
to
the
Statute
in
that
case
provided
,
Queen
Mary
comes
next
,
although
a
Woman
as
well
as
she
,
yea
,
her
elder
Sister
and
Predecessor
,
yet
came
short
of
her
in
the
point
of
Supremacy
,
by
a
double
submission
,
both
unto
the
Law
of
a
Husband
,
and
of
a
Foreign
power
in
Cases
Ecclesiastical
;
although
the
same
was
with
such
qualifications
,
as
it
was
much
more
in
Title
and
pretence
than
in
reality
;
and
so
in
the
conclusion
,
neither
approved
her self
to
be
good
Wife
,
good
Catholick
,
nor
good
Queen
.
She
could
be
no
good
Wife
,
because
she
was
too
great
for
her
Husband
within
the
Realm
,
and
resolved
not
to
be
without
.
A
Catholick
she
was
,
but
the
worst
that
ever
held
her
place
:
her
Father
appeared
what
he
was
,
spake
plain
English
,
and
was
easily
discerned
.
But
she
told
the
Pope
a
fair
Tale
of
disclaiming
Supremacy
,
and
reconciling
her
Kingdom
;
yet
none
of
her
Predecessors
did
go
beyond
her
in
irregularity
of
her
proceedings
.
Before
ever
she
called
Parliament
,
she
setled
the
great
work
of
Reformation
,
or
rather
Deformation
in
the
Worship
of
God
,
by
single
Proclamation
;
and
not
onely
took
away
the
Partition-wall
of
Doctrine
by
the
like
power
,
but
gave
way
and
power
to
Persecution
thereupon
to
arise
,
before
any
〈◊〉
Order
from
the
Holy
See
,
then
so
called
,
enabled
her
thereun●
〈◊〉
And
●●ter
that
she
declared
her self
convinced
,
that
she
ought
not
〈◊〉
Ecclesiastical
Jurisdiction
,
and
by
her
Instructions
forbad
the
〈…〉
in
their
Process
that
Clause
of
Regia
Autoritate
fulcitus
yet
even
these
Instructions
had
no
other
Authority
than
her
own
.
And
nevertheless
,
she
still
inforced
the
Execution
of
all
matters
concerning
the
publick
Worship
of
God
,
and
Government
of
the
Church
,
when
as
yet
the
Pope
had
no
admittance
unto
his
ancient
claim
.
It
is
very
true
,
that
the
Pope
long
ere
now
had
made
a
fair
offer
,
and
the
Queen
had
lent
her
ear
;
but
her
Train
was
too
great
to
move
as
fast
as
was
pretended
;
so
as
no
meeting
could
be
had
till
the
Queens
Marriage
with
Spain
was
past
;
and
such
as
were
disaffected
,
found
it
was
bootless
to
stop
the
Current
of
two
such
mighty
Streams
of
Power
now
joyned
into
one
:
and
so
that
unclean
spirit
returned
seven
times
worse
than
when
he
went
out
,
and
took
Seisin
,
meerly
upon
Repeal
of
the
Laws
made
by
Henry
the
Eighth
,
in
the
Negative
,
without
farther
Grant
or
Livery
.
For
though
an
express
Embassage
was
sent
to
Rome
,
to
perform
the
solemnity
of
the
submission
;
yet
the
Pope
died
before
the
arrival
of
the
Embassie
,
and
the
solemnity
failing
,
left
the
Title
of
the
Crown
much
blemished
,
yet
was
it
not
wholly
defaced
.
For
if
the
Statutes
in
Henry
the
Eighth
,
and
Edward
the
Sixth's
time
,
did
but
confirm
the
possession
,
it
is
evident
that
the
repealing
of
those
Statutes
took
away
no
Right
from
the
Crown
,
nor
gave
legal
possession
to
the
Pope
,
that
had
formerly
neither
Possession
nor
Right
;
but
left
him
to
his
Remitter
,
as
in
his
ancient
right
,
or
rather
in
his
ancient
wrong
.
Yet
right
or
wrong
,
de
facto
,
he
both
did
win
and
wear
the
Keys
so
long
as
the
Queen
lived
,
and
so
far
as
she
pleased
:
for
her
devotion
would
not
allow
of
absolute
obedience
in
that
kind
,
nor
all
for
Gospel
that
the
Pope
said
or
did
;
but
by
her self
and
Council
,
executed
the
powers
of
Supremacy
of
Jurisdiction
in
Church-matters
,
not
onely
in
pursuance
of
the
Papal
Authority
,
but
in
crossing
the
same
where
the
Popes
way
crossed
her
opinion
;
as
in
the
cases
of
the
War
between
her
Husband
and
France
,
and
the
Power
Legatine
of
Cardinal
Pool
;
her
condemning
of
Doctrines
and
Books
to
be
Heretical
by
Proclamation
,
establishing
both
Prayers
and
Dirges
,
and
other
Orders
of
publick
Worship
;
whereof
more
fully
in
the
publick
Histories
of
those
times
,
and
the
Queens
Injunctions
upon
occasion
of
the
death
of
Pope
Julio
,
is
to
be
seen
.
Lastly
,
she
was
no
good
Queen
,
not
onely
because
she
gave
up
the
peoples
Liberties
in
Ecclesiastical
matters
to
the
Foreign
Jurisdiction
of
Rome
,
but
undertook
too
much
therein
by
far
upon
her
own
account
;
and
in
Civil
affairs
,
though
de
jure
she
was
not
inferiour
to
any
of
her
Progenitors
,
yet
she
would
have
it
declared
by
the
Parliament
;
as
if
the
consideration
of
her
Sex
or
Birth
,
Lastly
,
in
her
whole
course
uneven
;
sometimes
appearing
like
the
eldest
Daughter
of
Henry
the
Eighth
,
at
other
times
like
a
Fee-covert
,
led
by
the
will
of
her
Lord
aud
Husband
,
that
wanting
Supremacy
himself
,
rendred
her
thereby
beneath
her self
.
For
first
,
she
married
by
Act
of
Parliament
,
as
if
she
were
not
at
her
own
disposing
;
professing
as
much
in
her
speech
to
the
Londoners
,
upon
the
Kentish
Rebellion
.
So
a
difference
was
made
between
the
two
Sisters
;
the
Marriage
of
the
one
being
by
advice
of
Parliament
,
and
the
abstinence
of
the
other
against
the
same
.
Nor
is
the
same
altogether
irrational
:
for
by
the
one
,
the
Government
of
the
Nation
is
endangered
;
and
by
the
other
,
otherwise
.
Secondly
,
by
her
Marriage
she
became
doubly
married
;
one
way
relating
to
her
Person
unto
her
King
,
the
other
relating
to
her
Trust
unto
her
Council
:
For
where
a
Foreign
mighty
King
is
so
nigh
the
Helm
,
it
is
dangerous
to
trust
the
same
to
his
Wife
,
without
the
joynt
concurrence
of
the
Lords
.
The
matter
in
fact
declared
no
less
:
for
many
times
she
had
steered
quite
wide
,
had
not
the
Lords
been
more
stiff
to
their
Principles
than
she
.
The
first
year
of
her
Marriage
was
Honey-moon
with
her
;
she
thought
nothing
too
dear
for
the
King
,
and
that
her self
was
but
meanly
married
,
unless
her
Husband
were
as
compleat
a
King
in
her
Nation
,
as
any
of
her
Predecessors
;
although
contrarily
,
the
higher
he
was
advanced
,
the
meaner
she
became
.
Thirdly
,
by
her
Marriage
she
adventured
her
Title
of
Supremacy
of
Jurisdiction
.
For
Philip
,
as
King
,
had
the
Honour
,
Stile
,
and
Kingly
name
,
and
so
had
the
precedency
.
He
had
to
do
also
with
the
Jurisdiction
:
for
by
the
Articles
of
the
Marriage
,
he
was
to
aid
the
Queen
in
her
Administration
of
the
Kingdom
,
and
maintenance
of
the
Laws
;
Writs
and
Commissions
passed
under
his
name
.
He
also
sate
in
Parliament
,
voted
therein
,
and
joyned
in
the
Royal
Assent
.
Lastly
,
joyned
in
the
publication
and
execution
of
all
Laws
.
To
him
also
was
Allegiance
due
;
and
therefore
the
Crime
of
Treason
was
equally
against
his
,
as
the
Queens
Crown
and
Dignity
,
saving
that
it
was
reserved
to
be
as
against
him
onely
during
the
time
of
Coverture
.
And
yet
had
the
Queen
left
Issue
by
him
,
Lastly
,
the
whole
power
and
jurisdiction
resting
in
them
both
joyntly
,
could
not
enable
them
to
make
or
dissolve
Courts
at
will
,
Legislative
Power
,
either
in
matters
concerning
the
Church
or
Commonwealth
;
if
no
absolute
Jurisdiction
,
in
case
either
of
Life
,
Member
,
or
Estate
:
If
they
neither
can
create
,
unite
,
or
alter
any
Court
,
either
concerning
the
Trial
and
determining
the
Estates
of
the
People
,
or
their
own
Revenue
:
If
not
alter
or
make
any
new
Process
in
the
Courts
of
Law
:
If
not
order
common
Assurances
of
Lands
or
Estates
;
And
lastly
,
if
they
have
no
power
in
determining
the
last
Appeal
and
definitive
Sentence
in
matters
of
Controversie
,
but
all
must
rest
upon
the
Sentence
by
Parliament
,
there
must
certainly
be
found
out
a
further
sense
of
that
grand
Title
of
Supremacy
of
Jurisdiction
,
Power
,
Superiority
,
Pre-eminence
,
and
Authority
,
than
by
the
common
Vogue
hath
been
made
.
The
Title
of
Supremacy
was
first
formed
in
the
behalf
of
Henry
the
Eighth's
Claim
in
matters
Ecclesiastical
;
which
by
the
Statute
is
explained
under
these
words
of
power
:
To
visit
,
correct
,
repress
,
redress
Offences
and
Enormities
.
This
Power
,
and
no
other
,
did
Queen
Elizabeth
claim
:
witness
the
words
of
the
Statute
in
her
own
time
.
But
in
the
framing
of
the
Oath
of
Supremacy
in
her
time
,
not
onely
in
Causes
Ecclesiastical
,
but
Temporal
,
(
which
never
came
within
the
Statutes
and
publick
Acts
in
Henry
the
Seventh's
time
)
are
inserted
;
and
if
any
thing
more
was
intended
,
it
must
come
under
the
word
Things
,
which
also
was
inserted
in
the
said
Oath
;
and
yet
if
the
words
of
the
Statute
of
Queen
Elizabeth
formerly
mentioned
be
credited
,
the
word
Things
ought
to
comprehend
no
more
than
the
word
Causes
,
and
then
the
power
of
Queen
Elizabeth
in
the
Commonwealth
will
be
comprehended
in
these
words
of
Supremacy
;
to
visit
,
correct
,
repress
,
redress
Offences
and
Enormities
:
for
the
Supremacy
in
the
Church
and
Commonwealth
,
is
the
same
in
Measure
;
and
what
more
than
this
,
I
cannot
understand
out
of
any
publick
Act
of
this
Nation
.
Now
in
regard
Offences
and
Enormities
are
properly
against
Laws
,
the
power
to
visit
and
correct
,
must
also
be
regulated
according
to
Laws
,
either
of
War
,
or
Peace
:
Nor
do
these
five
words
,
Jurisdiction
,
Power
,
Superiority
,
Pre-eminence
,
and
Authority
,
contain
any
more
Supremacy
,
or
other
sence
;
for
two
of
them
speak
onely
the
Rank
or
Degree
of
the
Queen
in
Government
,
viz.
Superiority
and
Pre-eminence
belongeth
onely
to
her
,
and
not
to
any
other
Foreign
Power
.
And
two
other
words
do
note
her
Right
and
Title
thereto
,
by
Power
and
Authority
committed
to
her
.
And
the
other
word
denotes
the
thing
wherein
she
hath
Superiority
and
Power
,
viz.
in
Jurisdiction
:
the
nature
of
which
word
,
Vlpian
(
speaking
of
the
nature
of
a
mixt
Government
)
explaineth
thus
:
Quando
servata
dictione
juris
judiciorum
fit
animadversio
.
So
as
this
Supreme
Authority
in
Jurisdiction
,
is
no
other
than
Supreme
Power
to
visit
,
correct
,
redress
Offences
,
or
determine
matters
in
doubt
,
by
deputing
fit
persons
to
that
end
and
purpose
according
to
the
Law
;
and
this
is
all
the
Supremacy
that
appeareth
to
me
,
belonging
to
the
Crown
in
these
times
.
CHAP.
XXXVI
.
Of
the
Power
of
the
Parliament
during
these
times
.
WHen
the
Throne
is
full
of
a
King
,
and
he
is
as
full
of
opinion
of
his
own
sufficiency
and
power
,
a
Parliament
is
looked
upon
as
an
old
fashion
out
of
fashion
,
and
serves
for
little
other
than
for
present
shift
,
when
Kings
have
run
themselves
over
Head
and
Ears
.
A
Condition
that
those
of
that
high
degree
are
extremely
subject
unto
;
but
where
the
Crown
is
too
heavy
for
the
wearer
,
by
reason
of
infirmity
,
the
Parliament
is
looked
upon
as
the
chief
Supporters
in
the
maintaining
both
the
Honour
and
Power
of
that
Authority
,
that
otherwise
would
fall
under
contempt
.
A
Work
that
must
be
done
with
a
curious
touch
,
and
a
clear
hand
;
or
they
must
look
for
the
like
Censure
to
that
of
a
King
to
a
great
Lord
that
crowned
him
:
My
Lord
,
I
like
your
work
very
well
,
but
you
have
left
the
print
of
your
fingers
upon
my
Crown
.
Such
was
the
condition
of
these
times
,
wherein
a
Child
and
two
Women
are
the
chief
;
but
ever
under
the
correction
and
direction
of
the
Common
Council
,
in
matters
of
common
concernment
.
Two
things
declare
the
point
;
the
course
of
the
Title
of
the
Crown
,
and
the
Order
of
the
powers
thereof
.
The
Title
ever
had
a
Law
,
which
was
at
the
Helm
,
although
diversly
expounded
.
Kings
ever
loved
the
Rule
of
Inheritance
,
and
therefore
usually
strained
their
Pedegree
hard
to
make
both
ends
meet
,
though
in
truth
they
were
guilty
oftentimes
to
themselves
,
that
they
were
not
within
the
degrees
.
right
Heir
,
to
make
the
same
pass
more
currant
without
interruption
of
the
first
love
between
them
and
their
Princes
;
yet
more
often
had
they
Kings
that
could
not
boast
much
of
their
Birthright
in
their
first
entry
into
their
Throne
.
Of
three
and
twenty
Kings
from
the
Saxons
time
,
four
of
the
former
had
no
Title
by
Inheritance
;
the
two
Williams
,
Henry
the
First
,
and
King
Steven
.
Two
others
,
viz.
Henry
the
Second
and
Richard
the
first
,
had
right
of
Birth
,
yet
came
in
by
Compact
.
The
Seventh
,
which
was
King
John
,
had
no
Title
but
Election
.
The
Eighth
,
viz.
Henry
the
Third
,
came
in
a
Child
▪
and
contrary
to
Compact
between
the
Nobility
and
the
French
Lewis
.
The
Ninth
and
Tenth
succeeded
as
by
unquestionable
Title
of
Descent
,
yet
the
Nobles
were
pre-engaged
.
The
Eleventh
,
which
was
Edward
the
Third
,
in
his
entry
eldest
Son
,
but
not
Heir
,
for
his
Father
was
alive
:
but
his
Successour
was
his
Heir
:
It
is
true
,
there
were
other
Children
of
Edward
▪
the
Third
alive
,
that
were
more
worthy
of
the
Crown
;
but
they
were
too
many
to
agree
in
any
but
a
Child
,
that
might
be
ruled
by
themselves
.
Three
next
of
the
ensuing
Kings
,
were
of
a
collateral
line
.
Their
two
Successours
,
viz.
Edward
the
Fourth
,
and
Edward
the
Fifth
,
were
of
the
Line
;
yet
Edward
the
Fourth
came
in
by
disseisin
,
and
Edward
the
Fifth
by
permission
.
Richard
the
Third
,
and
Henry
the
Sev●nth
,
were
collateral
to
one
another
,
and
to
the
right
Bloud
.
Henry
the
Eighth
,
though
when
he
was
King
might
claim
from
his
Mother
,
yet
came
in
as
Heir
to
his
Father
.
And
if
Edward
the
Sixth
was
right
Heir
to
the
House
of
York
by
his
Grandmother
,
yet
cannot
the
Crown
be
said
to
descend
upon
the
two
Sisters
,
neither
as
Heirs
to
him
,
nor
Henry
the
Eighth
,
nor
to
one
another
,
and
that
it
was
High
Treason
for
any
Subject
to
deny
that
the
course
of
the
Crown
of
England
is
to
be
ordered
by
Act
of
Parliament
.
Right
by
the
Common
Law
,
in
opposition
to
the
Act
of
Parliament
.
True
it
is
,
that
this
Doctrine
doth
not
down
well
with
those
that
do
pretend
to
Prerogative
,
aided
(
as
they
say
)
by
the
Act
of
Recognition
made
to
King
James
,
Eliz.
Nor
doth
it
take
away
the
power
of
the
Parliament
from
over-ruling
the
course
of
the
Common
Law
for
after-Ages
.
Nor
do
the
Oaths
of
Supremacy
and
Allegiance
hold
forth
any
such
Obligation
unto
Heirs
,
otherwise
than
as
supposing
them
to
be
Successors
,
and
in
that
relation
onely
.
And
therefore
was
no
such
Allegiance
due
to
Edward
the
Sixth
,
Queen
Mary
,
or
Queen
Elizabeth
,
until
they
were
actually
possessed
of
the
Crown
;
as
may
appear
by
the
Oath
formed
by
the
Statute
of
Henry
the
Eighth
touching
their
Succession
.
Being
Kings
and
Queens
of
this
Realm
;
as
by
the
Statute
in
that
behalf
made
,
doth
appear
.
And
lastly
,
(
had
those
Oaths
been
otherwise
understood
)
the
Crown
had
by
the
virtue
of
them
been
pre-engaged
,
so
as
it
could
never
have
descended
to
Queen
Mary
,
Queen
Elizabeth
,
or
King
James
,
but
must
have
remained
to
the
Heirs
of
Edward
the
Sixth
for
ever
.
Secondly
,
the
same
power
that
the
Parliament
exercised
in
ordering
the
course
of
Succession
in
the
Crown
,
they
exercised
likewise
in
determining
and
distributing
the
Powers
and
Priviledges
belonging
to
the
same
:
for
these
times
were
full
of
Novelties
.
The
Crown
had
formerly
sitted
a
Childs
head
more
than
once
,
but
it
never
tried
to
fit
a
Womans
head
since
the
Saxons
times
,
till
now
that
it
must
make
trial
of
two
.
France
might
afford
us
a
trick
of
the
Salique
Law
,
if
it
might
find
acceptance
.
And
the
unsetled
state
of
the
People
,
especially
in
matter
of
Religion
,
might
require
the
wisest
man
living
to
sit
at
the
Helm
,
and
yet
himself
not
sufficient
to
steer
a
right
course
to
the
Harbour
.
Nevertheless
,
the
Parliament
having
the
Statute
of
Henry
the
Eighth
to
lead
the
way
,
chose
rather
to
pursue
a
Rule
than
to
make
one
,
and
soon
determined
the
point
,
viz.
That
the
Crown
of
England
,
with
all
the
Priviledges
thereof
,
equally
belong
to
a
Woman
in
possession
,
as
to
a
Man
or
Child
.
A
bold
Adventure
I
say
it
was
,
Royal
Assent
,
and
in
Commission
,
Letters
patents
,
and
in
Writs
of
Summons
of
Parliament
,
as
well
as
others
;
yet
in
the
words
the
Crown
is
reserved
onely
to
the
Queen
,
and
she
must
Reign
as
sole
Queen
.
Now
if
the
King
had
broken
this
Agreement
,
either
the
Parliament
must
over-rule
the
whole
,
or
all
that
is
done
must
be
undone
,
and
England
must
bear
the
burthen
.
A
Queen
Regent
is
doubtless
a
dangerous
condition
for
England
,
above
that
of
an
Infant-King
,
unless
she
be
married
onely
to
her
people
.
This
was
observed
by
Queen
Elizabeth
,
who
therefore
kept
her self
unmarried
;
nor
did
the
people
otherwise
desire
her
Marriage
,
than
in
relation
to
Posterity
.
Few
of
them
liking
any
one
of
their
own
Nation
so
well
,
as
to
prefer
him
so
highly
above
themselves
;
and
fewer
any
Foreigner
.
This
was
soon
espied
by
Foreign
Princes
;
and
the
Queen
her self
perceiving
that
she
was
like
to
receive
prejudice
hereby
in
her
interest
amongst
them
,
signified
by
her
Embassadors
,
-
1.
That
the
Romish
Religion
should
never
be
admitted
into
England
.
-
2.
That
no
man
that
she
married
should
ever
wear
the
Title
of
King.
-
3.
That
no
Foreigner
should
ever
intermeddle
in
the
Rule
and
Government
of
the
Church
or
Commonwealth
,
nor
in
the
Ministry
of
the
Church
.
-
4.
That
if
he
survived
the
Queen
,
he
should
never
challenge
any
Title
or
Interest
in
the
Government
,
or
any
Possession
in
England
.
-
5.
She
would
never
marry
any
one
that
she
might
not
first
see
.
So
as
either
she
aimed
at
some
inferiour
Prince
,
that
durst
not
look
so
high
;
or
else
she
did
but
make
semblance
till
she
was
nigh
Forty
years
old
:
and
in
all
declared
,
that
she
liked
not
her
Sister
Maries
choice
.
To
these
two
Powers
of
Determining
and
Distributing
,
I
shall
adde
a
third
of
Deputing
,
which
the
Parliament
exercised
as
formerly
it
had
done
.
Henry
the
Eighth
had
in
Ecclesiastical
matters
exercised
a
power
beyond
the
Law
,
and
yet
by
Parliament
had
provided
positive
Laws
,
by
which
the
same
ought
to
have
been
ordered
:
these
were
also
confirmed
in
Edward
the
Sixth's
time
,
with
some
Additionals
.
Conge
d'eslire
.
Legislative
Power
by
Proclamation
;
the
Parliament
in
Edward
the
Sixth's
time
took
the
same
quite
away
,
CHAP.
XXXVII
.
Of
Jurisdiction
Ecclesiastical
in
these
last
Times
.
IN
the
general
,
and
in
relation
to
the
Foreign
Jurisdiction
of
Rome
,
it
was
like
a
Child
in
an
Ague
,
under
Fits
of
heat
and
cold
;
but
in
it self
,
under
the
Prelacie
,
still
growing
in
Stature
though
not
in
strength
Edward
the
Sixth
came
in
like
a
Storm
that
tor●
〈…〉
by
the
roots
,
yet
a
Top-root
remained
intire
with
the
〈◊〉
,
bearing
shew
of
a
kind
of
Divinity
,
that
though
bared
of
the
〈◊〉
Soil
of
the
Papacy
,
yet
transplanted
into
the
new
Mould
of
Royalty
,
soon
conveyed
a
new
life
,
which
made
the
Stock
still
flourish
,
and
grow
into
a
better
condition
than
formerly
it
had
.
Their
Legislative
Power
in
matters
concerning
their
own
interest
,
though
in
outward
view
seeming
their
own
,
yet
was
doubly
disturbed
from
the
Pope
and
the
King
;
who
,
though
many
times
they
opposed
one
another
,
yet
evermore
were
both
of
them
in
opposition
to
the
Church
,
and
with
the
greater
bitterness
by
their
own
mutual
Emulations
.
But
now
the
Church
is
come
under
the
controle
of
onely
,
one
that
joyned
with
it
for
their
mutual
interest
,
as
being
both
of
them
embarqued
in
one
and
the
same
ship
.
Two
things
concurred
to
the
furtherance
hereof
.
First
,
the
Times
were
tender
,
and
scarce
able
to
digest
the
change
of
Worship
,
now
patronized
by
Edward
the
Sixth
,
much
less
able
to
digest
the
change
of
Government
,
if
the
same
had
been
undertaken
in
a
different
way
from
what
it
was
formerly
.
Secondly
,
The
Times
were
also
dark
,
and
few
saw
the
bottom
of
Prelacie
,
but
lodged
all
the
prejudice
in
the
persons
that
managed
that
calling
.
And
certainly
they
had
the
less
occasion
to
doubt
of
their
own
judgement
therein
,
because
Edward
the
Sixth
had
the
good
providence
of
God
to
lead
him
to
make
use
of
such
men
in
that
place
,
that
were
meek
,
and
holy
,
and
themselves
attempted
in
the
fire
of
Persecution
,
and
therefore
more
tenderly
affected
to
others
in
that
condition
.
And
these
carrying
themselves
like
tender
nursing
Fathers
in
their
places
,
wrought
in
the
people
a
good
opinion
of
their
places
,
and
that
Form
of
Government
for
their
sakes
Yet
even
in
those
first
Times
of
Reformation
,
somewhat
appeared
in
that
very
quintessence
of
Episcopacie
,
in
matters
of
Ceremony
and
Conformity
,
that
might
have
taught
wise
men
to
beware
.
Upon
such
grounds
as
these
it
went
well
with
Episcopacy
in
these
first
Times
of
Reformation
,
but
ill
with
the
Church
in
the
issue
.
That
Prelacie
was
a
gainer
by
the
change
in
Henry
the
Eighth's
time
,
hath
already
appeared
;
and
that
it
still
gained
,
may
further
appear
in
these
ensuing
Considerations
.
First
,
Whereas
formerly
Bishops
were
regardant
both
to
the
Crown
and
Presbytery
(
for
so
may
the
Dean
and
Chapter
be
accounted
)
in
the
point
of
Election
by
Conge
d'eslire
,
That
in
Cases
of
Reformation
they
are
not
to
be
strictly
holden
to
Rules
of
Law
or
Precedent
.
Secondly
,
The
Prelates
hereby
had
their
Authority
confirmed
by
Act
of
Parliament
,
and
so
were
now
built
upon
a
Foundation
,
that
formerly
did
hang
onely
upon
a
pin
of
power
from
Rome
.
For
Jurisdiction
without
Authority
,
is
but
a
Dropsie
that
brings
inevitable
consumption
in
the
conclusion
.
And
thus
the
Prelacie
are
inabled
to
hold
Courts
without
contradiction
,
and
directed
in
their
Process
,
who
formerly
had
a
good
Title
to
neither
,
in
that
course
that
they
held
the
same
.
Thirdly
,
Though
their
Jurisdiction
was
defined
by
the
Statutes
,
yet
in
larger
bounds
than
ever
the
Statute-Laws
formerly
noted
;
and
in
what
they
claimed
power
,
they
did
it
not
altogether
upon
Civil
Right
,
but
still
kept
an
awful
regard
to
their
Persons
and
Power
,
as
under
the
sway
of
a
Divine
Donation
;
and
therefore
,
as
in
those
matters
to
them
by
the
Statute
allowed
,
they
did
proceed
in
the
name
and
under
the
Seal
of
the
King
;
so
in
other
things
of
Collation
,
Institution
,
Induction
,
Orders
,
Excommunication
,
and
such
like
,
they
proceeded
in
and
under
their
own
Name
and
Seal
;
and
,
which
was
a
Crown
to
all
the
rest
,
power
is
still
given
to
the
Archbishop
of
Canterbury
,
in
cases
of
Faculty
and
Dispensation
,
to
proceed
under
his
own
Seal
,
and
not
the
Kings
,
as
if
it
were
a
power
independent
upon
the
Crown
,
and
belonging
unto
the
man
;
neither
by
Statute
nor
Commission
,
but
coming
by
some
secret
Influence
from
the
very
place
it self
.
Although
in
the
clear
sense
it
is
no
more
than
a
power
of
Non
obstante
in
the
point
of
obedience
to
the
Canon-Law
,
which
by
a
Statute
in
Henry
the
Eighth's
time
is
declared
no
Law.
But
let
this
pass
as
a
Mole
in
this
fair
face
of
Church-government
.
The
Prelates
are
now
become
of
the
Vicinage
,
Probi
&
legales
homines
;
they
have
their
Jurisdiction
by
Law
established
;
what
they
lose
in
breadth
,
they
gain
in
height
and
goodness
of
their
Foundation
.
Yet
their
Attire
looks
ill-favourably
in
Queen
Maries
eye
;
she
will
have
it
of
the
old
cut
again
:
and
though
Cardinal
Pool
was
well
seen
in
the
Roman
fashion
,
yet
when
he
had
done
all
,
he
did
no
more
than
shape
a
Garment
to
serve
the
present
Interlude
,
neither
fit
to
the
body
,
nor
easie
to
be
worn
;
and
therefore
after
four
or
five
turns
upon
the
Stage
,
it
is
thrown
away
.
Nevertheless
,
during
the
time
that
England
was
thus
dancing
the
Italian
measure
,
Prelacy
in
England
held
its
own
Domestick
garb
so
well
,
that
neither
Poole
(
being
of
English
bloud
,
not
much
distant
from
the
Crown
,
and
then
also
holding
the
Chair
Legatine
,
as
little
inferiour
to
the
Throne
)
would
not
impose
too
much
,
nor
Queen
Mary
,
a
woman
of
a
stout
Spirit
,
yield
farther
than
she
liked
.
By
means
whereof
,
the
Prelacie
,
looking
no
more
to
Rome
than
the
power
in
Appeals
,
and
therein
little
more
than
the
bare
Title
,
played
Rex
all
the
while
with
the
people
,
under
colour
of
Heresie
and
the
Canon-Law
,
which
now
was
again
made
their
Rule
:
And
thus
as
touching
their
Election
and
Jurisdiction
,
they
were
as
before
.
For
Queen
Mary
did
nothing
but
by
single
Repeal
.
But
Queen
Elizabeth
being
true
English
,
both
by
Father
and
Mother
,
liking
not
this
retreat
,
faced
about
,
routed
the
Roman
fashion
out
of
fashion
;
put
Prelacie
to
its
close
guard
,
and
received
it
upon
capitulation
,
not
onely
to
mercy
,
but
favour
;
and
so
it
became
her
Vicar
to
exercise
her
Ecclesiastical
Jurisdiction
per
saltum
:
For
it
is
hard
to
find
by
what
steps
they
gained
this
pitch
.
Henry
the
Eighth
was
Supream
Head
by
submission
of
the
Clergie
,
by
Resumption
,
and
by
Act
of
Parliament
;
and
as
such
,
the
power
of
Bishops
formerly
derived
from
Rome
ceased
;
and
Henry
the
Eighth
after
restored
it
anew
,
and
setled
the
same
by
several
Acts
of
Parliament
;
which
Edward
the
Sixth
confirmed
,
with
divers
additional
Acts
of
further
benefit
to
them
,
as
hath
been
already
noted
.
But
Queen
Mary
altered
all
by
repeal
of
the
former
Laws
,
and
so
left
all
in
Remitter
,
as
before
the
alteration
by
Henry
the
Eighth
;
and
did
neither
give
or
grant
any
Jurisdiction
to
the
Pope
.
Last
of
all
comes
Queen
Elizabeth
,
and
by
Repeal
and
Resumption
possessed
her self
of
Jurisdiction
Ecclesiastical
;
and
granted
Election
of
Bishops
by
Conge
d'eslire
,
but
never
granted
to
the
Bishops
Ordinary
Jurisdiction
by
any
express
Act
,
other
than
permission
of
them
to
continue
in
their
former
course
;
notwithstanding
that
the
foundation
of
their
Jurisdiction
had
been
altered
twice
;
and
so
it
will
be
difficult
for
it
to
hold
by
Prescription
or
Custom
,
or
any
other
way
than
by
a
kind
of
Divine
Right
,
which
began
to
be
pretended
,
yet
to
this
day
could
never
be
made
evident
to
the
World.
Whatever
the
ground
was
,
the
thing
is
plain
,
that
Prelacie
in
Queen
Elizabeths
time
had
this
honour
allowed
thereunto
,
that
it
was
upholden
by
Election
from
Ecclesiastical
men
,
and
held
its
Jurisdiction
as
from
it self
,
and
in
the
name
of
Bishop
as
Ordinary
;
and
the
power
of
Excommunication
by
a
saving
in
the
Statute-law
,
and
not
by
express
Donation
;
notwithstanding
the
late
Precedent
in
the
time
of
Edward
the
Sixth
to
the
contrary
.
Secondly
,
The
Rule
of
this
Jurisdiction
was
no
less
at
large
;
for
the
Canon-Law
was
determined
by
Henry
the
Eighth
,
and
Edward
the
Sixth
,
and
was
not
revived
by
any
Act
of
Parliament
,
by
Queen
Mary
or
Queen
Elizabeth
,
who
neither
pursued
the
Medium
of
the
Thirty
two
Commissioners
,
nor
setled
other
rule
,
but
a
few
Canons
,
which
(
after
some
time
)
by
Queen
Elizabeth
and
her
Clergie
were
agreed
upon
,
but
never
confirmed
by
Act
of
Parliament
.
And
so
could
never
bind
the
Subject
;
and
which
in
general
set
forth
a
kind
of
Form
of
Church●
policy
,
yet
no
fashion
of
Jurisdiction
,
or
rule
of
proceedings
in
the
Ecclesiastical
Courts
;
but
in
such
cases
left
them
to
the
Canon-Law
,
which
was
hidden
in
their
own
breasts
,
and
could
be
make
strait
or
wide
as
they
pleased
.
Thirdly
,
the●
Censures
now
grew
more
sharp
;
for
whereas
at
the
utmost
formerly
they
●●uld
do
no
more
but
imprison
,
or
deliver
over
to
the
Secular
Power
,
and
that
onely
in
case
of
Heresie
,
High
Commission
;
wherein
,
though
many
others
were
named
,
yet
the
Clergie
and
Canonists
did
the
work
;
the
rest
being
but
in
nature
of
a
reserve
to
them
,
in
case
they
were
put
to
the
rout
.
The
power
of
these
Commissioners
was
to
execute
the
Queens
Jurisdiction
in
Causes
Ecclesiastical
:
so
as
the
Bishops
are
doubly
interested
in
this
work
;
one
way
,
by
supposed
Commission
●rom
God
,
as
Ordinaries
within
their
own
Diocess
onely
,
and
so
may
proceed
to
Excommunication
or
Deprivation
;
the
other
way
,
by
Commission
from
the
Queen
,
as
Members
of
the
High
Commission
,
(
for
so
many
of
them
were
such
,
as
the
Crown
would
please
)
and
so
they
might
fine
and
imprison
.
They
might
and
did
,
I
say
,
by
their
Commission
,
but
not
by
the
Statute
that
gives
authority
thereto
,
and
therefore
cannot
be
said
to
be
done
legally
.
Fourthly
,
besides
the
contracted
power
of
making
Canons
in
the
Convocation
,
by
the
power
of
the
Royal
Assent
;
the
Queen
had
a
power
of
making
Laws
by
their
consent
,
in
matters
of
the
criminal
part
of
the
Worship
of
God.
This
might
be
tolerable
for
the
Life
of
the
one
Queen
,
who
might
be
presumed
would
(
if
she
lived
a
few
years
)
settle
all
things
:
but
to
subject
the
Consciences
of
all
the
people
to
the
opinion
of
one
Metropolitan
,
that
might
opinionate
strange
things
;
and
that
the
Successors
of
the
Queen
should
usurp
this
as
a
Flower
of
the
Crown
,
to
determine
what
is
for
Gods
glory
in
such
cases
,
and
to
be
always
altering
and
patching
up
a
Form
,
as
he
and
his
Metropolitan
,
or
one
of
them
alone
,
Now
amidst
the
flourishing
Estate
of
Prelacy
,
it
is
no
wonder
if
the
Churches
be
no
gainers
,
but
like
Plants
spending
their
Natures
in
luxuriant
Branches
,
either
are
over-turned
by
the
next
blast
of
wind
,
or
do
wither
upon
the
least
change
of
Skie
.
That
the
whole
ordering
of
the
Church-Affairs
rested
originally
in
the
Parliament
,
no
man
can
question
,
considering
whatever
the
Queen
did
,
or
had
therein
,
was
from
the
power
of
Acts
of
Parliament
.
And
that
the
power
of
Excommunication
it self
,
notwithstanding
that
the
Church
held
it
by
way
of
reservation
or
saving
,
and
not
by
donation
from
the
Parliament
,
by
any
express
Act
;
yet
was
that
saving
with
such
limitations
,
as
that
it
received
but
a
lame
power
,
in
comparison
of
what
it
claimed
and
exercised
in
former
times
.
For
whereas
formerly
the
Church-men
had
the
Writ
De
Excommunicato
Capiendo
at
their
own
beck
;
now
it
will
not
come
,
but
upon
Articles
and
certain
Conditions
.
-
1.
In
cases
of
Heresie
.
-
2.
Of
deserting
of
the
Sacrament
.
-
3.
Deserting
of
publick
Worship
.
-
4.
Maintenance
of
Error
.
-
5.
Incontinency
.
-
6.
Vsury
.
-
7.
Simony
.
-
8.
Perjury
.
-
9.
Idolatry
.
In
other
matters
the
Spiritual
Sword
must
find
or
make
their
own
way
,
or
else
be
quiet
.
Secondly
,
The
Church
was
now
no
less
under
the
Chair
and
Throne
,
than
under
power
of
the
Parliament
;
nor
is
it
a
wonder
,
if
it
could
not
thrive
when
it
was
so
over●
dropped
:
for
Prelacie
by
the
King's
arms
is
lifted
up
so
high
above
the
other
Clergie
,
that
the
rest
of
the
Clergie
are
as
much
underlings
to
the
Prelacie
,
as
the
Prelates
are
to
the
King.
They
dare
not
offend
the
Crown
,
lest
they
should
lose
their
Honours
;
nor
the
inferiour
Clergie
them
,
lest
they
should
lose
their
Livings
and
Liberties
:
and
so
the
Prelates
speak
the
sense
of
the
Clergie
,
and
make
the
Crown
their
Oracle
.
Thus
in
the
Church-matters
the
Crown
is
all
in
all
.
CHAP.
XXXVII
.
Of
the
Militia
in
these
latter
Times
.
IT
cannot
be
denied
,
but
as
in
the
sober
Government
of
this
〈◊〉
there
is
a
Supremacy
of
Command
;
so
also
in
the
rudest
times
of
War
,
and
wheresoever
the
same
is
setled
,
there
must
the
Militia
also
be
.
The
word
Militia
is
a
general
notion
,
sufficient
enough
for
a
name
or
title
,
but
not
to
define
the
thing
.
I
take
it
for
nothing
else
but
the
Government
of
the
Commonwealth
when
it
is
in
danger
,
or
War
,
or
in
order
thereunto
.
It
consisteth
in
the
raising
,
arming
,
ordering
,
and
paying
of
the
Souldiery
.
The
title
of
the
Supream
Power
in
all
this
work
hath
been
of
late
put
to
the
question
,
and
brought
us
to
this
sad
condition
of
trial
by
Battle
;
and
by
Fighting
,
to
find
out
who
had
the
chief
power
to
fight
.
A
Lesson
that
might
have
been
learned
from
former
Generations
foregoing
,
at
a
far
cheaper
rate
,
when
England
is
well
in
its
wits
.
Where
the
Law
of
Peace
is
setled
,
there
also
is
the
Law
of
War
;
and
in
what
condition
the
Crown
standeth
,
in
relation
to
the
Legislative
power
,
in
time
of
Peace
,
may
be
seen
in
the
foregoing
Discourse
.
In
War
the
King
is
the
peoples
General
by
his
place
;
yet
if
any
impediment
do
befal
,
either
by
natural
disabilities
,
or
civil
,
to
render
the
person
incapable
of
managing
of
the
Service
,
there
is
no
question
but
the
people
may
order
the
matter
as
they
please
.
With
examples
hereof
these
times
are
full
,
wherein
we
have
a
Child
,
a
Virgin
,
and
a
Married
Woman
to
sway
the
Work
;
all
of
them
in
a
very
unmeet
condition
for
such
a
Trust
;
and
yet
by
the
help
they
had
,
they
managed
it
well
enough
.
The
power
of
him
as
King
or
General
in
the
Army
,
is
all
one
;
but
before
it
is
imbodied
,
as
a
King
onely
,
he
may
do
some
things
in
order
thereto
,
according
to
the
Law
and
Custom
of
the
Nation
;
yet
this
falls
under
a
double
consideration
of
the
time
and
occasion
.
In
the
recess
of
the
Parliament
,
he
is
the
first
mover
,
and
ought
to
move
by
the
advice
of
his
Council
,
if
occasion
do
provoke
to
Arms
;
but
if
the
same
befal
,
the
Parliament
then
sitting
,
no
History
or
Record
do
mention
that
ever
he
moved
but
by
their
concurrent
advice
and
direction
.
The
occasion
either
provoketh
offensive
or
defensive
War
with
other
Nations
,
or
with
the
people
of
his
own
Nation
,
in
the
case
of
Insurrection
.
Examples
of
War
with
other
Nations
,
that
may
be
called
offensive
Wars
,
we
have
but
two
;
one
in
Edward
the
Sixth's
time
with
Scotland
,
and
which
was
but
in
pursuance
of
a
War
begun
by
his
Father
,
and
wherein
the
Kingdom
stood
ingaged
,
in
a
case
that
concerned
the
publick
good
and
safety
,
viz.
The
Marriage
of
their
King
refused
after
promise
made
.
The
other
was
in
the
time
of
Queen
Mary
with
the
French
,
which
somewhat
reflected
also
upon
the
publick
safety
,
but
more
upon
the
dishonour
of
the
same
.
I●
none
of
these
did
either
of
the
Supream
Powers
array
,
or
raise
men
by
Prerogative
,
but
onely
such
as
were
Voluntier
in
that
work
.
And
because
the
people
were
ill
principled
in
Edward
the
Sixth's
time
,
in
regard
of
the
change
of
Religion
,
he
was
induced
to
hire
Foreign
aid
out
of
Germany
.
The
Wars
in
the
time
of
Queen
Elizabeth
were
in
order
to
the
defence
of
this
Nation
,
being
ever
under
a
malignant
Aspect
from
abroad
,
especially
from
Spain
,
in
Ireland
,
France
,
and
the
Low
Countries
.
Yet
were
these
Wars
served
onely
by
Voluntiers
;
nor
did
any
Commission
give
power
of
impresting
men
to
serve
against
their
wills
in
any
Expedition
made
to
any
of
those
places
,
as
the
Commissions
upon
Record
do
testifie
.
If
any
Levies
of
men
were
otherwise
made
,
or
compulsory
means
used
for
such
ends
,
they
are
to
be
reckoned
up
amongst
the
errata
,
whereof
the
Parliament
took
no
notice
,
in
regard
it
saw
the
ends
and
issues
of
such
Reflections
in
Government
to
be
successful
and
honourable
;
and
that
all
was
done
by
Council
,
and
a
Woman
popularly
affected
;
and
therefore
they
less
feared
Invasion
upon
their
Liberties
.
Or
otherwise
they
are
to
be
imputed
to
the
condition
of
those
places
,
being
Members
of
the
Commonwealth
;
as
the
cautionary
Towns
in
the
Low
Countries
,
and
the
Irish
Plantations
were
;
and
so
befel
under
another
consideration
of
a
defensive
War
,
in
case
of
Invasion
and
common
danger
thereby
,
or
by
Intestine
broils
;
during
which
condition
,
as
it
is
the
King's
duty
to
levy
and
array
men
,
so
is
it
the
duty
of
the
people
to
be
ready
to
assist
one
another
in
all
such
exigencies
,
and
to
defend
the
publick
Liberty
.
Nevertheless
,
these
Arrays
are
not
left
wholly
at
the
Will
of
the
King
,
but
to
discretion
of
the
Council
,
how
far
the
same
shall
extend
.
For
never
were
general
Arrays
made
,
where
but
one
Coast
was
in
danger
,
and
where
no
Conquest
is
in
pretence
,
but
onely
Piracy
or
Plunder
.
But
if
the
disease
were
general
,
as
in
the
year
88
,
the
Array
was
general
;
and
yet
it
was
of
none
,
but
those
that
were
of
the
Trained-bands
,
besides
such
as
were
Voluntier
.
Secondly
,
The
arming
of
these
men
was
also
diversly
;
there
was
no
general
Rule
or
Law
for
the
arming
of
men
since
the
time
of
Edward
the
First
to
the
time
of
Queen
Mary
,
but
the
Statute
at
Winton
;
the
course
of
Tenures
,
I
mean
of
such
men
as
were
of
the
Militia
of
this
Kingdom
:
So
as
when
they
were
raised
,
they
were
raised
in
their
own
Arms.
But
for
such
men
as
passed
the
Seas
for
Foreign
Service
,
as
they
were
Voluntiers
,
or
sent
over
by
the
Parliament
,
these
were
armed
according
to
special
contract
.
But
Queen
Mary
,
having
gotten
a
safe
reserve
from
Spain
upon
all
adventures
,
and
a
strong
interest
amongst
the
people
,
by
upholding
the
Catholick
party
,
made
no
bones
to
innovate
in
the
point
of
arming
of
the
Militia
,
although
it
cost
the
people
much
more
than
was
imposed
upon
their
Ancestors
.
The
pattern
hereof
was
taken
from
the
Spanish
Cabinet
;
the
Queen
,
being
loth
to
be
inferiour
to
her
own
Husband
,
in
bringing
as
much
strength
to
him
as
he
to
her
,
and
both
of
them
willing
enough
to
appear
potent
in
the
eyes
of
France
,
that
then
stood
in
competition
with
them
both
.
A
yoke
it
was
,
yet
neither
the
King
nor
Queens
Will
,
but
the
Parliament
put
it
on
;
and
ere
an
Age
expired
it
was
cast
off
again
.
For
the
better
understanding
,
see
it
in
this
Scheme
.
|
Per
Annum
.
|
Lances
.
|
Light-horse
.
|
Corslets
|
Bows
.
|
Hacquebuts
.
|
Bills
.
|
|
1000
l.
|
6
|
10
|
40
|
30
|
20
|
20
|
|
1000
marks
.
|
4
|
6
|
30
|
20
|
10
|
10
|
|
400
l.
|
2
|
4
|
20
|
15
|
6
|
|
|
200
l.
|
1
|
2
|
10
|
8
|
3
|
|
|
100
l.
|
|
2
|
3
|
3
|
2
|
|
|
100
marks
.
|
|
1
|
2
|
2
|
1
|
|
|
40
l.
|
|
|
2
|
1
|
2
|
|
|
20
l.
|
|
|
1
|
1
|
1
|
|
|
10
l.
|
|
|
A
Coat
of
Plate
.
|
1
|
1
|
|
|
5
l.
|
|
|
A
Coat
of
Plate
.
|
1
|
|
|
|
Goods
.
|
|
1000
marks
.
|
1
|
1
|
2
|
4
|
3
|
|
|
400
l.
|
|
1
|
1
|
2
|
1
|
|
|
200
l.
|
|
|
1
|
2
|
1
|
|
|
100
l.
|
|
|
1
|
2
|
|
|
|
40
l.
|
|
|
2
Coats
of
Plate
.
|
1
|
|
1
|
|
20
l.
|
|
|
1
Coat
of
Plate
.
|
2
|
|
1
|
|
10
l.
|
|
|
|
1
|
1
|
The
Lances
were
to
be
compleatly
harnessed
,
or
the
one
half
of
them
.
The
Corcelets
furnished
with
Coats
of
Mail
and
Pikes
;
the
Bows
with
and
Iron
Cap
,
and
a
Sheaf
of
Arrows
;
the
Hacquebuts
with
Sallets
.
All
which
was
to
be
over
and
besides
such
Arms
as
men
were
bound
unto
by
Tenure
,
or
Covenant
with
the
Landlord
,
or
by
vertue
of
the
Statute
33.
H.
8.
c.
5.
besides
Townships
which
were
charged
with
joynt-arms
;
Annuities
and
Copy-holds
were
charged
as
Goods
.
If
the
Arms
were
lost
in
the
Service
,
the
owner
must
make
them
good
again
.
The
defaults
were
punishable
with
Fine
by
the
Justices
of
the
Peace
,
who
had
the
view
,
and
might
present
them
at
the
Sessions
,
to
be
proceeded
upon
as
in
other
cases
.
Here
is
provision
enough
,
yet
not
as
the
Arms
of
the
Militia
of
the
Kingdom
,
but
as
a
Magazine
in
the
hands
of
every
particular
man
,
and
as
his
proper
Goods
,
to
be
imployed
for
the
publick
Service
,
either
upon
suddain
Invasion
in
a
defensive
War
,
or
when
the
Parliament
shall
send
them
abroad
.
And
yet
it
is
also
a
rule
unto
the
Crown
against
arbitrary
Assessments
upon
discretion
,
from
which
it
cannot
recede
if
it
mean
to
do
right
.
It
might
now
very
well
stand
with
the
Justice
of
Queen
Elizabeth
,
to
grant
Commissions
of
Array
,
Secundum
formam
Statutorum
,
and
do
hurt
to
no
man
.
It
is
true
,
her
Commissions
of
Lord
-
Lieutenancy
wanted
that
limitation
in
words
,
yet
they
carried
the
sense
:
For
if
the
Crown
were
bound
by
the
Law
,
the
Lord
-
Lieutenants
were
much
rather
;
but
the
danger
arose
after
the
death
of
Queen
Elizabeth
.
For
when
King
James
came
to
the
Crown
,
under
colour
of
pleasing
the
people
,
and
easing
them
of
a
burthen
,
he
pleased
himself
more
,
and
made
the
yoke
upon
the
people
much
more
heavy
in
the
conclusion
;
for
where
no
declared
Law
is
,
there
the
discretion
of
them
that
have
the
care
lying
upon
them
must
be
the
Rule
.
And
thus
came
the
Scotish
blood
to
have
pretensions
to
a
greater
Prerogative
than
all
their
Predecessors
had
;
upon
this
supposal
,
that
the
Statute
of
Queen
Mary
took
away
all
former
Laws
of
that
kind
,
and
then
the
taking
away
of
the
Statute
of
Queen
Mary
,
takes
away
all
declared
Law
as
to
that
point
.
But
more
truly
it
may
be
inferred
,
that
if
all
Statute-Laws
be
taken
away
,
then
the
rule
of
Tenures
at
the
Common
Law
must
remain
in
force
,
and
no
other
.
Nevertheless
,
this
Statute
of
Queen
Mary
,
though
in
force
for
the
present
,
was
not
a
general
rule
for
Arms
in
all
places
of
this
Nation
;
for
the
Marches
of
Scotland
were
a
peculiar
Jurisdiction
as
to
this
point
.
They
stood
in
more
constant
need
of
Arms
than
any
other
part
of
this
Nation
,
in
regard
of
their
uncertain
condition
,
in
relation
to
their
neighbouring
Jurisdiction
;
and
therefore
were
the
Farms
of
these
parts
generally
contracted
for
,
upon
a
special
reservation
of
Arms
for
each
particular
;
which
being
now
decayed
,
are
again
reduced
by
Queen
Elizabeth
A
second
thing
which
may
come
under
this
general
consideration
of
arming
,
is
,
the
arming
of
places
,
by
making
of
Forts
and
Castles
;
which
was
not
in
the
immediate
determinate
will
of
the
Crown
to
order
as
it
pleased
.
For
though
they
may
seem
to
be
means
of
Peace
and
present
Safety
,
yet
they
are
Symptoms
of
War
,
and
in
the
best
times
are
looked
upon
with
a
jealous
eye
,
especially
such
as
are
not
bordering
upon
the
Coasts
:
Because
that
Prince
that
buildeth
Castles
within
the
Land
,
is
supposed
to
fear
the
Neighbourhood
.
This
was
more
especially
regarded
in
the
days
of
Philip
and
Mary
:
for
when
that
Marriage
was
to
be
solemnized
,
it
was
one
of
the
Articles
,
to
provide
for
the
safety
of
such
Forts
and
Castles
,
as
then
were
maintained
;
to
the
end
they
might
be
preserved
free
from
Usurpation
,
for
the
Use
,
Profit
,
Strength
,
and
Defence
of
the
Realm
,
onely
by
the
natural
born
of
the
same
.
Thirdly
,
As
touching
the
ordering
of
the
Souldiery
,
the
matter
is
not
much
to
be
insisted
upon
;
for
little
doubt
is
to
be
made
,
but
that
power
that
raiseth
them
,
also
ordereth
them
to
the
same
ends
that
they
are
raised
.
And
therefore
,
as
the
sole
power
of
the
Crown
doth
not
the
one
,
so
neither
doth
it
the
other
,
but
in
cases
formerly
mentioned
.
And
yet
in
no
case
,
though
the
War
be
never
so
absolutely
defensive
,
and
the
Souldiers
raised
by
the
Kings
own
and
onely
power
,
had
the
King
absolute
Authority
,
and
Arbitrary
power
,
in
the
ordering
of
them
when
they
are
raised
;
but
he
must
so
behave
himself
to
them
,
as
to
Freemen
,
according
to
the
Laws
made
by
themselves
in
their
Representative
in
Parliament
.
And
therefore
are
particular
Laws
made
to
that
end
,
against
undue
levying
and
discharging
of
Souldiers
,
and
defaults
in
paying
of
them
:
as
also
against
the
Souldiers
departing
from
their
Service
without
License
,
or
wasting
their
Arms
,
and
such
as
wilfully
absent
themselves
from
Musters
;
for
the
preserving
the
Castles
,
Forts
,
Ships
and
Munition
for
War
,
from
being
witholden
from
their
due
use
,
or
from
burning
or
destroying
.
Lastly
,
As
touching
the
charge
of
the
War
,
and
pay
of
the
Souldiers
.
It
is
evident
,
that
in
all
offensive
Wars
the
Souldiers
were
paid
by
the
Crown
,
although
they
might
be
said
in
some
manner
to
be
in
order
to
the
defence
and
safety
of
the
Nation
;
nevertheless
,
where
the
same
was
so
apparent
to
the
people
,
it
was
the
common
course
in
these
times
to
have
often
Parliaments
,
and
often
Subsidies
,
which
were
no
less
in
a
good
measure
satisfactory
to
the
Crown
for
the
Charges
of
the
War
,
than
Testimonies
of
the
Peoples
good
acceptance
of
the
government
of
Affairs
,
and
so
accepted
at
their
hands
.
The
particular
Records
will
warrant
all
this
.
For
of
all
the
Wars
in
these
times
,
(
that
of
88
excepted
)
not
any
of
them
were
ever
managed
at
the
peoples
charge
by
Contribution
,
but
by
Retribution
.
So
were
these
times
,
wherein
the
people
,
looking
upon
the
Crown
as
under
a
kind
of
infirmity
of
Childhood
or
Womanhood
,
did
therefore
bear
a
kind
of
compassionate
regard
thereunto
,
without
jealousie
at
Prerogative
;
and
could
condescend
and
allow
the
Crown
its
full
Grains
,
and
somewhat
more
;
yea
,
more
than
was
meet
for
some
other
Prince
to
desire
,
or
the
People
to
give
up
.
And
yet
more
happy
were
they
,
wherein
the
Crown
knew
no
interest
but
in
dependance
upon
the
peoples
good
;
and
so
understanding
,
were
rightly
understood
.
CHAP.
XXXIX
.
Of
the
Peace
.
IT
is
but
little
that
can
be
said
of
Peace
in
these
times
,
wherein
so
little
freedom
was
found
from
Foreign
pretensions
,
and
Intestine
irregularities
,
or
both
;
and
yet
the
people
were
never
more
resolved
against
the
former
,
nor
secure
against
the
latter
,
and
had
God
to
Friend
in
all
.
But
most
apparently
was
this
observable
in
the
times
of
Queen
Elizabeth
,
whose
Government
took
up
four
parts
of
five
of
these
times
whereof
we
now
treat
.
She
was
a
compleat
Conquerour
of
War
and
Treason
,
and
therein
the
true
Inheritor
of
the
Fate
of
her
Grandfather
Henry
the
Seventh
,
with
advantage
;
for
she
out-faced
all
dangers
by
her
onely
presence
,
having
thereof
had
more
experience
than
any
Princes
that
ever
possessed
her
Throne
:
yet
she
was
wise
enough
to
beware
against
the
future
;
considering
her
condition
to
be
the
last
of
her
Line
;
that
the
next
behind
her
was
rather
likely
to
trip
up
her
heels
than
support
her
Train
;
that
the
Pope
narrowly
watched
every
opportunity
;
the
distance
between
him
and
the
Throne
being
no
greater
than
the
breadth
of
her
onely
person
.
It
may
well
therefore
admit
of
excuse
,
if
the
Statute
of
the
25
of
Edward
the
Third
concerning
Treasons
did
not
give
satisfaction
;
although
therein
if
she
were
sollicitous
,
her
Subjects
were
more
.
Some
kinds
of
offences
were
made
Treason
by
Statute-laws
,
which
formerly
appeared
not
such
,
because
they
appeared
not
at
all
;
and
yet
in
the
opinion
of
her
people
,
the
Queen
was
too
slack
in
the
making
,
and
more
slack
in
the
execution
of
them
.
The
people
had
engaged
themselves
deeply
against
the
Queen
of
Scots
,
and
it
was
not
safe
for
them
to
go
back
;
they
go
yet
deeper
,
and
without
any
positive
Authority
,
leading
the
way
,
they
enter
into
an
Association
amongst
themselves
for
the
Queens
safety
;
and
it
was
well
liked
by
the
Queen
,
because
she
knew
it
was
well
meant
,
although
by
some
it
was
mistaken
.
Nevertheless
,
to
take
away
all
exception
,
a
Law
is
made
in
pursuance
thereof
,
though
the
publick
danger
was
such
,
as
might
well
have
digested
an
extraordinary
undertaking
.
I
intend
not
to
enter
into
the
particulars
of
these
Treasons
of
the
new
stamp
,
because
they
are
but
temporarie
,
and
in
their
ultimate
reach
tend
onely
to
the
safeguard
of
the
Queens
person
,
in
order
to
the
intentionary
sence
of
the
Statute
of
25
Edw.
3.
although
not
within
the
explicite
words
of
that
Law.
Onely
this
is
observable
,
that
though
the
times
were
full
of
malice
,
yet
was
not
all
malice
looked
upon
as
fatal
,
nor
every
expression
thereof
Treason
,
or
privity
thereto
,
although
the
Crown
it self
was
not
a
little
concerned
therein
;
but
reduced
to
an
inferiour
degree
,
called
Misprision
;
as
if
they
were
willing
rather
to
construe
undertakings
for
mistakings
,
and
thereby
over-look
much
of
the
Malignity
of
these
Times
,
than
to
make
strict
inquisition
into
every
Punctilio
of
offence
.
As
touching
Felony
,
the
rules
were
various
;
petty
Treason
,
Murder
,
or
Robbery
,
4
&
5
Phil.
&
Mar.
cap.
4.
Stealers
of
Horses
,
Geldings
,
or
Mares
,
2
E.
6.
cap.
33.
Robbers
of
Houses
,
Booth
or
Tent
,
by
Day
or
Night
,
5
E.
cap.
9.
Pick
pockets
,
or
Cut
purses
,
8
Eliz.
cap.
4.
And
Woman
stealers
,
39
Eliz.
cap
9.
And
some
Crimes
made
Felony
impeachable
onely
within
a
certain
time
,
and
not
upon
a
cool
suit
.
So
as
upon
the
whole
heap
of
Account
,
the
zeal
of
the
times
will
appear
to
be
more
hot
,
by
how
much
iniquity
appeared
more
hainous
;
and
that
wicked
men
waxed
worse
,
as
the
times
waxed
better
.
More
particulars
of
this
nature
,
and
of
other
Offences
of
inferiour
note
,
might
be
superadded
;
as
also
of
Laws
,
of
alteration
and
amendment
of
Process
and
Trial
,
and
of
Common
Assurance
and
Conveyance
of
Estates
,
of
particular
Revenue
.
All
which
might
be
insisted
upon
,
if
need
were
,
to
clear
out
yet
further
the
conclusion
of
the
whole
matter
;
which
I
hasten
to
accomplish
,
led
on
by
a
natural
motion
,
that
grows
in
speed
,
the
nigher
it
comes
to
its
end
.
CHAP.
XL.
A
Summary
Conclusion
upon
the
whole
matter
.
IN
the
stating
of
this
whole
account
,
I
shall
first
glance
upon
the
natural
Constitution
of
the
people
of
England
,
and
then
gather
up
the
scattered
Notions
into
one
form
;
because
the
one
doth
not
a
little
illustrate
the
other
,
and
shew
the
same
to
be
radical
,
and
not
by
any
forced
inoculation
.
The
people
are
of
a
middle
temper
,
according
to
their
Climate
:
the
Northern
Melancholy
,
and
the
Southern
Choler
,
meeting
in
their
general
Constitution
,
doth
render
them
ingenious
and
active
:
which
nourished
also
under
the
wings
of
Liberty
,
inspires
a
Courage
generous
,
and
not
soon
out
of
breath
.
Active
they
are
,
and
so
nigh
to
pure
act
,
that
nothing
hurts
them
more
than
much
quiet
;
of
which
they
had
little
experience
from
their
first
transmigration
till
the
time
of
King
James
;
but
ever
were
at
work
either
in
building
(
as
before
the
Norman
times
)
or
after
in
repairing
their
ruines
occasioned
by
tempestuous
pretensions
from
Rome
and
Foreign
Princes
,
or
by
Earthquakes
of
Civil
Contention
about
the
Title
between
the
two
Houses
of
York
and
Lancaster
,
or
intrenchments
of
the
Crown
upon
the
Liberty
of
the
people
.
But
King
James
conquering
all
enmity
,
spake
Peace
abroad
,
and
sang
Lullaby
at
home
.
Yet
like
a
dead
calm
in
a
hot
Spring
,
treasured
up
in
store
sad
distempers
against
a
back-Winter
.
Their
ingenuity
will
not
allow
them
to
be
excellent
at
the
Cheat
;
but
are
rather
subject
in
that
kind
to
take
than
give
:
and
supposing
others
as
open-hearted
as
themselves
,
are
many
times
in
Treaties
over-matched
by
them
whom
they
over-match
in
Arms.
Upon
the
same
account
they
are
neither
imperious
over
those
beneath
,
nor
stubborn
against
them
above
;
but
can
well
discern
both
person
and
time
.
Man
,
Woman
,
or
Child
,
all
is
one
with
them
,
they
will
honour
Majesty
where
ever
they
see
it
.
And
of
the
twain
,
tender
it
more
when
they
see
it
set
upon
infirmity
:
as
if
they
knew
how
to
command
themselves
onely
in
order
to
the
publick
good
.
Nevertheless
,
they
love
much
to
be
free
.
When
they
were
under
awe
of
the
Popes
Curse
,
they
bore
off
designs
by
the
head
and
shoulders
;
but
afterwards
,
by
watchfulness
and
foresight
:
and
having
attained
a
light
in
Religion
,
that
will
own
their
Liberties
,
of
them
both
they
make
up
one
Garland
not
to
be
touched
by
any
rude
hand
;
but
as
if
it
were
the
bird
of
the
eye
,
the
whole
body
startles
forthwith
;
the
Alarm
is
soon
given
and
taken
;
and
whether
high
or
low
,
none
are
spared
that
stand
in
their
way
.
This
they
do
owe
to
the
Eastern
people
,
from
whom
they
fetch
their
Pedegree
.
So
as
the
onely
way
to
conquer
them
,
is
to
let
them
have
their
Liberties
;
for
like
some
Horses
,
they
are
good
for
carriage
,
so
long
as
their
Burthens
are
easie
,
and
sit
loose
upon
them
;
but
if
too
close
girt
,
they
will
break
all
,
or
cast
their
load
,
or
die
.
And
therefore
Queen
Elizabeth
gained
much
to
the
Crown
by
fair
carriage
,
good
words
,
and
cleanly
conveyance
;
which
was
not
soon
discovered
,
nor
easily
parted
with
:
But
Henry
the
Eighth
by
height
of
spirit
and
great
noise
;
and
therefore
was
no
sooner
off
the
Stage
,
but
what
was
gotten
by
the
snatch
was
lost
by
the
catch
,
and
things
soon
returned
into
their
ancient
posture
again
.
The
first
Government
of
the
people
before
their
departure
out
of
Germany
,
was
in
the
two
States
of
Lords
and
Commons
.
The
Clergie
came
not
into
pomp
and
power
till
Austin's
time
,
and
soon
came
to
the
height
of
a
third
State
appendent
to
the
former
,
and
so
continued
till
Henry
the
Eighth's
time
:
Then
they
began
to
decay
in
power
,
and
in
Queen
Elizabeths
time
utterly
lost
the
same
;
and
so
they
can
no
longer
be
called
a
State
,
although
they
still
keep
state
.
The
two
States
of
Lords
and
Commons
in
their
Transmigration
,
being
then
in
the
nature
of
an
Army
of
Souldiers
,
had
a
General
by
their
Election
;
under
whom
,
after
they
had
obtained
a
peaceable
setling
,
they
named
him
anew
by
the
name
of
Konning
,
or
the
Wise
man
;
for
then
was
Wisdom
more
necessary
than
Valour
.
But
after
the
Clergie
had
won
the
day
,
and
this
Konning
had
submitted
himself
and
his
people
to
their
Ghostly
Father
,
they
baptized
him
by
a
new
name
of
Rex
;
and
so
he
is
stiled
in
all
written
Monuments
which
we
owe
onely
to
Ecclesiasticks
;
although
the
vulgar
held
their
appellation
still
,
which
by
contraction
,
or
rather
corruption
,
did
at
length
arrive
into
the
word
King
;
a
notion
which
as
often
changeth
the
sence
as
the
Air
;
some
making
the
person
all
in
all
,
others
some
in
all
,
and
some
nothing
at
all
but
a
complement
of
State.
The
Clergie
gave
him
his
Title
in
the
first
sence
,
and
are
willing
he
should
have
a
power
over
the
Estates
in
order
to
their
design
,
which
then
was
to
rule
the
King
,
and
by
him
all
his
People
;
he
doing
what
he
listeth
with
them
,
and
the
Clergie
the
like
with
him
.
The
Saxons
take
the
word
in
the
second
sence
;
for
though
they
had
put
upon
the
Commonwealth
one
Head
,
and
on
that
one
Head
one
Crown
,
yet
unto
that
Head
did
belong
many
Eyes
,
and
many
Brains
;
and
nothing
being
done
but
by
the
common
sense
,
a
power
is
left
to
him
much
like
to
that
of
the
outward
Members
,
Executory
.
In
time
of
War
,
how
unruly
soever
the
humours
be
,
yet
must
the
Law
be
his
rule
:
He
cannot
engage
the
people
either
to
make
,
continue
,
or
determine
any
offensive
War
without
their
consent
;
nor
compel
them
to
arm
themselves
,
nor
command
them
out
of
their
Counties
for
War
,
or
impose
Military
charge
upon
them
against
their
free
consent
,
or
contrary
to
the
known
Law.
In
calmer
times
much
rather
,
he
can
neither
make
new
Laws
,
nor
alter
the
old
;
form
new
Judicatories
,
Writs
,
Process
,
Judgements
,
or
new
Executions
,
nor
inable
or
disable
any
Conveyances
of
Estates
.
He
may
seem
possessed
of
more
power
in
Church-government
,
yet
,
De
jure
,
can
neither
make
nor
alter
Doctrine
,
or
Worship
,
or
Government
in
the
Church
:
nor
grant
Dispensations
,
or
Licenses
Ecclesiastical
;
nor
Commissions
of
Jurisdiction
,
other
than
according
to
the
Law.
And
as
a
close
to
all
,
by
one
Oath
taken
at
the
Coronation
,
he
not
onely
giveth
to
the
people
security
of
the
Peace
and
good
Behaviour
,
but
beareth
witness
that
he
oweth
Allegiance
both
to
the
Law
and
the
People
;
different
from
that
of
the
peoples
in
this
,
That
the
King's
Allegiance
is
due
to
the
Law
that
is
originally
from
the
peoples
Election
;
but
the
Peoples
to
the
King
,
under
a
Law
of
their
own
framing
.
This
leadeth
on
the
consideration
of
a
higher
degree
of
power
than
that
of
Kings
.
For
though
Law
,
as
touching
morality
in
the
general
,
be
of
heavenly
Birth
;
yet
the
positive
Laws
arising
from
common
Prudence
concerning
the
Honour
,
Peace
,
and
Profit
of
every
Nation
,
are
formed
by
humane
constitution
,
and
are
therefore
called
Honesta
,
or
justa
,
because
by
common
vote
they
are
so
esteemed
,
and
not
because
any
one
man
supposeth
them
to
be
such
.
The
words
of
the
Summons
to
the
Parliament
doth
hold
for
this
,
Quae
de
communi
consilio
ordinari
contigerint
;
and
the
words
in
the
Coronation-oath
,
Quas
vulgus
elegerit
,
do
speak
no
less
;
whether
they
be
taken
in
the
●●eter
perfect-tense
,
or
the
Future-tense
,
the
conclusion
will
be
the
same
.
True
it
is
,
that
in
all
,
Kings
are
supposed
as
present
;
yet
is
not
that
valuable
in
the
point
of
Council
,
which
is
the
foundation
of
the
positive
Law.
For
as
the
best
things
under
heaven
are
subject
to
infirmity
;
so
Kings
either
short
or
beyond
in
Age
or
Wit
,
or
possibly
given
over
to
their
lusts
,
or
sick
,
or
absent
,
(
in
all
which
the
name
of
a
King
adds
little
more
to
the
Law
than
a
sound
)
yet
all
the
while
the
Government
is
maintained
with
as
much
honour
and
power
,
as
under
the
most
wise
and
well-disposed
King
that
ever
blessed
Throne
.
This
is
done
in
the
Convention
of
States
,
which
in
the
first
times
consisted
of
Individuals
,
rather
than
Specificals
.
The
great
men
doubtless
did
many
things
even
before
they
saw
the
English
shore
;
that
Tacitus
noteth
:
yet
in
the
publick
Convention
of
all
,
did
nothing
alone
,
till
of
one
House
they
became
two
.
The
particular
time
of
the
separation
is
uncertain
,
and
the
occasion
more
:
It
may
be
the
great
Lords
thought
the
mysteries
of
State
too
sacred
to
be
debated
before
the
vulgar
,
lest
they
should
grow
into
curiosity
:
Possibly
also
might
the
Commons
in
their
debates
wish
the
great
men
absent
,
that
themselves
might
more
freely
vote
without
angering
their
great
Lords
.
Nevertheless
the
Royal
assent
is
ever
given
in
the
joynt
Convention
of
all
.
But
how
a
double
Negative
should
rest
in
the
house
of
Lords
,
one
originally
in
themselves
,
the
other
in
the
sole
person
of
the
King
,
(
whenas
in
no
case
is
any
Negative
found
upon
Record
,
but
a
modest
waring
the
answer
of
such
things
as
the
King
likes
not
)
is
to
me
a
mystery
,
if
it
be
not
cleared
by
Usurpation
.
For
it
is
beyond
reach
,
why
that
which
is
once
by
the
Representative
of
the
People
determined
to
be
Honestum
,
should
be
dis-determined
by
one
or
a
few
,
whose
Counsels
are
for
the
most
part
but
Notionary
,
and
grounded
upon
private
inconveniencies
,
and
not
upon
experimentals
of
most
publick
concernment
;
or
that
the
veult
,
or
Soit
fait
,
which
formerly
held
the
room
onely
of
a
Manifesto
of
the
Regal
Will
to
execute
the
Law
then
made
(
as
his
Coronation-Oath
to
execute
all
Laws
formerly
established
)
should
be
taken
to
be
a
determination
of
the
justness
or
honesty
of
the
thing
:
When
as
this
Royal
Assent
is
many
times
given
by
a
King
that
knows
no
difference
between
good
and
evil
,
and
is
never
competent
judge
in
matters
that
in
his
opinion
do
fall
into
contradiction
between
his
own
private
interest
,
and
the
benefit
of
the
people
.
However
unequal
it
may
seem
,
yet
both
that
and
other
advantages
were
gained
by
the
House
of
Lords
,
after
the
separation
was
once
made
,
as
many
of
the
ancient
Statutes
(
by
them
onely
made
)
do
sufficiently
hold
forth
:
which
although
in
the
general
they
do
concern
matters
of
Judicature
,
wherein
the
Lords
originally
had
the
greatest
share
;
yet
other
things
also
escaped
the
Common
Vote
,
which
in
after-ages
they
recovered
into
their
consideration
again
.
And
the
condition
of
the
people
in
those
times
did
principally
conduce
hereunto
:
For
until
the
Norman
times
were
somewhat
setled
,
the
former
Ages
had
ever
been
uncertain
in
the
changes
between
War
and
Peace
,
which
maintained
the
distance
between
the
Lords
and
their
Tenants
,
and
the
authority
of
the
one
over
the
other
,
savouring
of
the
more
absolute
command
in
Law.
And
after
that
the
Sword
was
turned
into
the
Plough-share
,
the
distance
is
established
by
compact
of
Tenure
by
Service
,
under
peril
of
default
,
although
in
a
different
degree
;
for
the
Service
of
a
Knight
,
as
more
eminent
in
War
,
so
in
Peace
it
raised
the
mind
to
regard
of
publick
Peace
:
but
the
service
of
the
Plough
supporting
all
,
is
underneath
all
,
yet
still
under
the
common
condition
of
Free-men
equally
as
the
Knight
.
Peace
now
had
scarcely
exceeded
its
minority
,
before
it
brought
forth
the
unhappy
birth
of
Ambition
:
Kings
would
be
more
absolute
,
and
Lords
more
Lordly
;
the
Commons
left
far
behind
,
seldom
come
into
mention
amongst
the
publick
Acts
of
State
,
and
as
useless
set
aside
.
This
was
the
lowest
ebb
that
ever
the
Commonage
of
England
indured
,
which
continued
till
Ambition
brought
on
Contention
amongst
the
great
men
,
and
thence
the
Barons
Wars
,
wherein
the
Commons
parting
asunder
;
some
holding
for
the
King
,
who
promised
them
Liberty
from
their
Lords
;
others
siding
with
the
Lords
,
who
promised
them
Liberty
from
the
King
;
they
became
so
minded
of
their
Liberties
,
that
in
the
conclusion
they
come
off
upon
better
advantage
for
their
Liberties
than
either
King
or
Lords
,
who
all
were
losers
before
their
reckoning
was
fully
made
.
These
Wars
had
by
experience
made
the
King
sensible
of
the
smart
of
the
Lords
great
interest
with
the
people
,
and
pointed
him
to
the
pin
upon
which
the
same
did
hang
;
to
take
which
away
,
a
design
is
contrived
to
advance
the
value
of
the
Commoners
,
and
to
level
the
Peerage
,
that
they
both
may
draw
in
one
equal
yoke
the
Chariot
of
Prerogative
.
The
power
of
the
Commons
in
publick
Councils
was
of
some
efficacy
,
but
not
much
honour
,
for
their
meetings
were
tumultuary
;
time
brought
forth
a
cure
hereof
,
the
flowers
of
the
people
are
by
election
sent
to
be
the
Representative
,
and
so
the
Lords
are
match'd
,
if
not
over-match'd
;
the
people
less
admiring
the
Lords
,
and
more
regarding
themselves
.
This
was
but
a
dazle
,
an
Eclipse
ensues
;
for
Kings
having
duly
eyed
the
nature
of
Tenure
between
the
Lords
and
Commons
,
look
upon
it
as
an
Out-work
or
Block-house
in
their
way
of
approach
:
Their
next
endeavour
is
therefore
to
gain
the
Knighthood
of
England
within
the
compass
of
their
own
Fee
,
and
so
by
priority
to
have
their
Service
,
as
often
as
need
should
require
,
by
a
trick
in
Law
,
as
well
for
their
own
safety
in
time
of
War
,
as
for
their
benefit
in
time
of
Peace
.
This
was
a
work
of
a
continuing
nature
,
and
commended
to
Successors
to
accomplish
by
degrees
,
that
the
whole
Knighthood
of
England
is
become
no
more
the
Lords
till
the
Kings
be
first
served
.
And
thus
the
power
of
the
People
is
wholly
devolved
into
the
King's
Command
;
and
the
Lords
must
now
stand
alone
,
having
no
other
foundation
than
the
affections
of
the
People
gained
by
beneficence
of
Neighbourhood
and
ordinary
Society
,
which
commonly
ingratiates
the
inferiour
rank
of
men
to
those
of
higher
degree
,
especially
such
of
them
as
affect
to
be
popular
.
Henry
the
Seventh
found
out
this
Sore
,
and
taught
his
Successors
the
way
to
avoid
that
occasion
of
Jealousie
,
by
calling
up
such
considerable
men
to
attend
the
Court
,
without
other
Wages
but
fruitless
hopes
;
or
under
colour
of
honour
to
be
had
by
Kings
from
the
presence
of
such
great
men
in
their
great
Trains
;
or
of
other
service
of
special
note
to
be
done
onely
by
men
of
so
high
accomplishment
.
And
by
this
means
Lordship
,
once
bringing
therewith
both
Authority
and
Power
unto
Kings
,
before
Kings
grew
jealous
of
their
greatness
,
in
these
latter
days
is
become
a
meer
Jelly
;
and
neither
able
to
serve
the
interest
of
Kings
(
if
the
people
should
bestir
themselves
)
nor
their
own
any
longer
.
Henceforth
the
Commons
of
England
are
no
mean
persons
,
and
their
Representative
of
such
concernment
,
as
if
Kings
will
have
them
to
observe
him
,
he
must
serve
them
with
their
Liberties
and
Laws
:
and
every
one
the
publick
good
of
the
people
.
No
man's
work
is
beneath
,
no
man
's
above
it
;
the
best
honour
of
the
Kings
work
is
to
be
Nobilis
servitus
,
English
,
Supream
Service
above
all
,
and
to
the
whole
.
I
now
conclude
,