An
Historicall
Discourse
of
the
uniforme
Government
of
ENGLAND
.
CHAP.
I.
Of
the
Britons
,
and
their
government
.
THis
is
Pritaine
,
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
Belgicke
shores
;
induced
hereto
partly
by
the
vicinity
of
the
names
of
the
Peoples
,
Cities
,
In
their
civill
Government
they
allowed
preeminence
to
their
Magistrates
rather
then
Supremacy
,
and
had
many
chiefes
in
a
little
roome
;
the
Romans
called
them
little
Kings
,
for
the
greater
renown
of
their
Empire
:
but
others
of
more
sobriety
account
them
no
better
then
Lords
.
Julius
Caesar
continued
in
Tiberius
his
time
and
afterwards
untill
in
the
reigne
of
Claudius
t
is
said
that
Caractacus
ruled
over
many
Nations
:
for
its
a
certaine
maxime
,
that
though
great
Nations
may
be
upholden
by
power
,
small
Territories
must
be
maintained
by
justice
;
without
which
the
doore
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
himselfe
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
Britaine
before
the
entry
of
that
light
that
lightneth
every
one
that
commeth
into
the
world
.
CHAP.
II.
Concerning
the
conversion
of
the
Britons
unto
the
Faith
.
IT
was
long
before
the
Sonne
of
God
was
inwombed
,
and
whiles
as
yet
Providence
seemed
to
close
onely
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
,
To
recover
the
forgotten
waies
of
past
providence
is
no
lesse
difficult
then
to
search
out
the
hidden
bowels
of
future
promises
;
and
therefore
I
shall
not
busie
my selfe
to
finde
out
the
particular
instruments
that
brought
Gods
presence
into
this
dark
corner
;
but
onely
glance
at
the
time
and
manner
,
that
it
may
appeare
we
were
not
forgotten
,
nor
yet
last
,
or
least
in
mind
,
at
that
time
of
the
dispensation
of
this
grace
unto
all
men
.
I
dare
not
instance
as
Gildas
,
the
certaine
time
of
six
yeeres
;
yet
I
may
say
,
that
no
sooner
was
the
Scepter
departed
from
Judah
,
but
with
a
swift
pace
both
it
and
the
Lawgiver
came
hither
like
an
Arrow
flying
through
other
Countries
,
but
sticking
with
a
ne
plus
ultra
in
this
Island
(
then
a
People
rather
then
a
Common-weale
)
as
if
we
were
the
onely
white
that
then
was
in
Gods
aime
.
It
s
probable
in
the
highest
degree
that
the
worke
was
done
within
the
first
Century
,
and
very
nigh
about
the
Apostolike
times
;
for
that
in
the
second
Century
Britaine
was
a
Church
of
Fame
,
and
known
to
the
Fathers
that
dwelt
afarre
off
,
even
to
Tertullian
and
Origen
,
and
in
a
short
time
had
out-reached
the
Roman
confines
in
that
Island
(
which
had
cost
them
above
two
hundred
yeeres
travaile
)
and
was
grown
to
the
state
of
the
first
Christian
Kingdome
that
ever
was
:
The
manner
yet
is
more
remarkable
,
for
that
not
onely
Principalities
and
Powers
,
and
Spirituall
wickednesses
in
high
places
(
which
are
but
stumbling-blocks
)
but
also
naturall
wisdome
of
the
Druides
,
who
were
masters
of
the
consciences
of
the
Britons
,
and
their
high
conceipt
of
their
excellency
above
the
ordinary
straine
of
men
,
and
unto
which
the
Crosse
of
Christ
is
meere
foolishnesse
;
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
mountaines
are
laid
low
,
and
double-folded
doores
fly
open
;
and
this
Conquerour
of
all
Nations
attempts
Britaine
not
in
the
reare
,
nor
by
undermining
,
but
assailes
them
in
their
full
strength
,
presents
in
a
cleare
Sunshine
that
one
true
Sacrifice
of
God
man
;
at
the
appearing
whereof
their
shadowes
of
many
Sacrifices
of
mans
flesh
flie
away
.
And
thus
those
Druides
that
formerly
had
dominion
of
the
Britons
faith
,
CHAP.
III.
Of
the
entry
of
the
Romans
into
Britaine
,
and
the
state
thereof
during
their
continuance
.
THis
conversion
of
the
Druides
was
but
the
first
step
to
that
which
followed
;
for
the
Decree
was
more
full
of
grace
then
to
make
this
Isle
to
be
onely
as
an
Inne
for
him
to
whom
it
was
formerly
given
for
a
possession
;
It
oft
befals
that
things
of
deformed
shape
are
neverthelesse
of
excellent
spirit
,
and
serve
the
turne
best
of
all
:
and
it
is
no
lesse
remarkable
,
that
this
tyde
of
Roman
invasion
,
however
it
represented
to
the
world
little
other
then
a
tumour
of
vain-glory
in
the
Romans
that
must
needs
be
fatall
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
chiefe
master-pieces
of
supernaturall
moderatorship
that
ever
this
poore
Island
met
with
.
First
,
it
taught
them
to
beare
the
yoke
,
to
stoop
,
and
become
tractable
;
for
stubborne
spirits
must
first
stoop
under
power
,
before
they
will
stoop
to
instruction
;
but
this
onely
in
the
way
;
for
tractablenesse
,
if
good
ensue
not
,
is
of
it selfe
but
a
disposition
for
evill
.
Secondly
,
it
brought
into
Britaine
the
knowledge
of
Arts
and
civility
;
and
questionlesse
it
was
a
wise
policy
of
Agricola
to
goe
that
way
to
worke
;
Above
one
hundred
yeeres
were
spent
in
this
Provinciall
way
of
government
of
Britaine
under
the
Roman
Lieutenants
;
during
all
which
time
Religion
spread
under
ground
,
whiles
the
Roman
power
in
a
continuall
war
sprang
upward
:
Nor
is
it
strange
that
Religion
should
thrive
in
warre
;
the
French
wars
in
Edward
the
thirds
time
brought
much
of
this
happinesse
to
England
from
the
Waldenses
;
and
Germany
had
no
lesse
benefit
by
the
wars
of
Charles
the
fifth
with
the
Italians
,
French
,
and
Turks
:
and
thus
the
Romans
levened
with
the
Gospell
,
by
exchanging
men
with
Britaine
,
and
other
mutuall
correspondencies
insinuated
that
leven
by
degrees
,
which
in
the
conclusion
prevailed
over
all
.
For
the
Roman
Lieutenants
having
gotten
sure
footing
in
Britaine
,
steered
their
course
with
a
different
hand
;
generally
they
were
of
the
Roman
stampe
,
seeking
to
kill
Christ
in
the
Cradle
;
and
by
that
meanes
Religion
met
with
many
bitter
storms
of
bitter
persecution
,
and
so
was
compelled
to
beare
a
low
saile
;
but
some
being
more
debonaire
,
and
of
wiser
observation
,
soon
found
,
that
the
way
of
justice
and
gentlenesse
had
more
force
in
Britaine
then
Armes
,
and
so
endeavoured
to
maintaine
that
by
moderation
which
they
had
gotten
by
labour
and
blood
(
as
it
is
ever
seen
that
where
conquest
is
in
the
van
,
gentlenesse
follows
in
the
reare
,
because
no
Bow
can
stand
long
bent
but
at
length
must
give
in
and
grow
weake
.
)
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
Brittish
throne
,
crowned
Lucius
first
of
all
Kings
with
the
Royall
Title
of
a
Christian
.
He
now
not
so
much
a
vassall
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
himselfe
for
the
establishment
of
both
.
Religion
in
Britaine
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
ebbe
that
the
Sacraments
ceased
;
for
Histories
tell
us
that
Lucius
sent
to
Rome
for
reliefe
and
that
the
Bishop
of
that
place
(
whether
Evaristus
or
Eleutherius
)
sent
over
learned
men
to
preach
and
baptize
both
King
and
people
;
and
in
this
,
Rome
might
probably
gaine
some
honour
,
London
,
Yorke
,
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
Authour
of
any
Monuments
of
these
Archbishops
or
Bishops
of
Britaine
for
the
space
of
200
yeeres
after
this
Kings
reign
,
and
yet
no
continuall
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
Britaine
(
as
well
as
in
other
places
)
most
famous
for
gifts
and
graces
,
and
passe
in
the
forefront
of
persecution
.
But
we
finde
no
such
thing
;
no
not
in
the
rages
of
Dioclesian
,
which
made
the
British
Church
famous
for
Martyrs
:
Writers
speake
of
Alban
,
Amphibalus
,
Aron
,
Julius
,
and
a
multitude
of
Lay-people
,
but
do
not
mention
one
Bishop
,
nor
Presbyter
,
nor
other
Clergyman
,
Somewhat
more
probable
it
is
,
that
is
noted
by
writers
concerning
Lucius
his
endeavour
to
settle
the
Common-wealth
,
and
good
Lawes
for
government
,
and
to
that
end
did
write
a
Letter
to
Eleutherius
Bishop
of
Rome
for
a
modell
of
the
Roman
Lawes
;
probably
being
induced
thereunto
by
the
splendor
of
the
state
of
the
Roman
Church
and
Common-weale
;
the
onely
favourite
of
fame
in
those
times
through
the
Northern
parts
of
the
World
.
Things
afar
off
I
confesse
are
dim
,
and
its
meet
that
Antiquaries
should
have
the
honour
due
to
great
after-sight
.
And
therfore
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
hazzard
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
originall
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
might
well
arise
by
mistake
of
translators
and
transcribers
in
ignorant
times
,
and
the
substance
neverthelesse
remaine
entire
and
true
.
Considering
therefore
that
the
matter
of
that
Epistle
savoureth
of
the
purer
times
of
the
Church
,
and
so
contrary
to
the
dregs
of
Romulus
,
To
others
it
seemeth
needlesse
and
vaine
that
Lucius
should
send
for
a
modell
to
Eleutherius
,
when
as
the
Roman
Deputies
and
Legions
at
home
might
have
satisfied
the
Kings
desire
in
that
particular
,
or
their
owne
experience
might
have
taught
them
grounds
sufficient
,
after
two
hundred
yeeres
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
forme
of
government
of
a
Common-weale
?
or
if
some
exceeded
the
ordinary
straine
in
policy
,
yet
they
were
too
wise
to
communicate
such
Pearles
to
conquered
Nations
,
that
ought
to
look
no
higher
then
the
will
of
the
Conquerour
,
and
subsist
in
no
better
condition
then
may
be
controlled
by
the
Supreame
Imperiall
Law
of
the
Lord
Paramount
:
or
if
in
this
they
had
corresponded
to
the
desires
of
the
Britaines
,
yet
being
for
the
most
part
ignorant
of
the
maine
,
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
then
Eleutherius
;
who
seeing
a
kind
of
enmity
between
the
Roman
Lawes
,
and
Christs
Kingdom
,
sends
to
the
King
a
fair
refusall
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
it selfe
.
Lawes
that
come
nighest
to
it
are
most
constant
,
and
make
the
government
more
easie
for
the
Magistrate
,
quiet
for
the
people
,
and
delightfull
to
all
;
because
mens
minds
are
setled
in
expectation
of
future
events
in
government
according
to
the
present
rule
;
and
changes
in
course
of
government
are
looked
at
as
uncouth
motions
of
the
Celestiall
bodies
,
portending
judgements
or
dissolution
.
This
was
the
way
of
humane
wisdome
;
but
God
had
an
eye
on
all
this
beyond
all
reach
of
preconceipt
of
man
,
which
was
to
make
England
happy
in
the
enjoying
of
a
better
Law
and
government
then
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
borne
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
worke
;
it
was
much
delayed
by
the
evill
of
the
times
;
nothing
was
more
changeable
then
the
Empire
grew
;
the
Emperours
many
of
them
so
vicious
,
as
they
were
a
burden
to
mankind
;
nor
could
they
endure
any
Deputy
or
Lieutenant
that
were
of
better
fame
then
themselves
had
.
Some
of
them
minded
the
affaires
of
the
East
,
others
of
the
North
;
none
of
them
were
ad
omnia
:
And
the
Lieutenants
in
Britaine
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
:
neither
Lucius
could
prevaile
,
nor
any
of
his
successors
.
But
passing
through
continuall
crosse
flouds
of
persecutions
under
Maximinus
,
Dioclesian
and
Maximinianus
,
and
many
civill
broyles
,
till
the
times
of
Constantine
,
at
length
it
attained
the
haven
.
For
Constantine
having
overcome
Maxentius
,
and
gotten
thereby
into
the
highest
Orbe
of
government
in
the
Empire
;
reflected
such
an
amiable
aspect
upon
the
Churches
,
especially
in
Britaine
,
as
if
he
had
intended
to
pay
to
them
all
that
God
had
lent
him
.
A
wise
Prince
he
was
questionlesse
;
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
Scholler
he
had
been
.
This
may
seem
a
sufficient
inducement
to
perswade
that
he
was
the
first
patron
of
English
Prelacy
,
seeing
we
finde
it
in
no
approved
testimony
before
that
time
;
nor
was
it
long
after
,
whenas
the
presence
of
the
Brittish
Bishops
are
found
at
the
Synod
by
him
called
at
Arles
,
viz.
the
Bishops
(
not
Archbishops
)
of
London
and
Yorke
,
The
Church
of
Britaine
thus
set
together
,
is
wound
up
for
motion
;
they
soon
learnd
the
use
of
Synods
,
from
that
Synod
at
Arles
,
if
they
had
it
not
before
;
and
tooke
as
much
power
to
themselves
in
their
Synods
as
in
other
Countries
was
used
,
and
somewhat
more
to
boot
.
For
they
had
the
hap
to
continue
in
Britaine
in
free
course
a
full
century
of
yeeres
before
the
civill
Magistrate
had
any
other
power
,
but
what
was
wrapped
up
under
the
allowance
of
their
Roman
Masters
,
who
like
Gallio
looked
upon
the
Church
affaires
as
out
of
their
Spheare
,
and
therefore
cared
for
none
of
those
things
;
or
if
the
zeale
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
Britaine
,
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
this
interim
wherein
the
Romans
held
the
armes
of
civill
Magistracy
bound
and
let
the
Clergy
have
their
scope
,
that
soon
began
to
be
ambient
,
and
conceipt
a
new
Idea
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
faces
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
conconcerning
the
British
affaires
.
I
suppose
it
will
not
be
doubted
but
that
publique
consultations
concerning
the
publique
government
of
any
place
or
Nation
,
ought
not
to
be
called
but
by
the
Supreame
power
;
and
that
such
consultations
are
to
be
directed
by
that
Supreame
power
.
The
Britons
had
a
King
,
and
yet
without
his
consent
they
call
a
Synod
against
the
Pelagian
Heresie
,
B
ockvaile
,
who
was
compelled
by
the
Synod
to
make
amends
to
Civiliack
Bishop
of
Landaff
for
injury
to
him
done
:
which
I
note
not
by
way
of
imputation
;
for
this
exorbitancy
(
if
so
it
were
)
might
correspond
with
these
times
wherein
very
probable
it
is
that
justice
could
not
be
had
elsewhere
;
and
had
the
Clergy
been
as
carefull
of
holinesse
,
as
in
the
former
cases
they
seem
jealous
for
justice
,
Britaine
must
have
had
the
repute
of
a
Nation
of
Priests
and
holy
men
,
rather
then
of
Tyrants
:
whereas
it
was
become
a
glut
of
wickednesse
,
CHAP.
IV.
Of
the
entry
of
the
Saxons
,
and
their
manner
of
Government
.
WAsted
with
time
,
and
wounded
by
eternall
doom
,
the
glory
of
the
Westerne
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
Britaine
its
utmost
limmit
,
and
last
inlivened
to
subsist
alone
miserably
or
else
to
die
.
The
choise
was
more
difficult
by
how
much
the
more
England
was
much
wasted
in
the
Roman
wars
,
the
flower
of
their
strength
spent
in
forraigne
service
,
the
remainder
but
few
,
and
these
exceeding
vicious
;
and
which
was
worst
of
all
,
ingaged
by
the
Romans
in
a
warre
with
the
Picts
,
against
whom
the
Romans
themselves
found
it
too
burdensome
for
them
to
hold
out
,
without
the
helpe
of
a
wall
:
and
albeit
that
the
very
name
of
an
old
servant
of
foure
hundred
yeeres
continuance
might
have
moved
a
Roman
heart
to
commiseration
,
yet
their
spirits
faile
,
and
forsaken
England
must
now
goe
into
the
Wildernesse
,
and
naked
as
they
are
endure
the
brunt
of
the
cold
stormes
of
the
Northern
Picts
,
without
any
shelter
but
the
hidden
will
of
God
then
frowning
upon
them
.
In
this
condition
they
halfe
desperate
seeke
for
a
cure
in
reason
worse
then
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
onely
by
the
bredth
of
a
wall
,
then
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
Gods
will
.
The
Britons
needed
present
helpe
,
they
overlayd
by
invasions
from
the
Picts
(
who
soon
espied
the
Romans
gone
and
their
own
advantage
)
sent
for
ayde
where
they
were
most
like
to
speed
for
the
present
,
I
hold
it
both
needlesse
and
fruitlesse
to
enter
into
the
Lists
concerning
the
originall
of
the
Saxons
;
whither
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
generall
so
sutable
to
the
Graecians
,
precatus
Deos
,
coelumque
suspiciens
;
and
this
done
by
the
Priest
of
the
Town
(
if
it
be
in
publique
causes
;
)
or
otherwise
,
if
private
,
then
by
the
master
of
the
family
;
so
as
they
had
family-worship
as
well
as
publique
.
These
things
I
note
,
that
it
may
appeare
how
nigh
these
invited
guests
resemble
the
old
Religion
of
the
Britons
,
CHAP.
V.
Of
Austins
comming
to
the
Saxons
in
England
,
his
entertainment
,
and
worke
.
DUring
these
troublesome
times
came
a
third
party
that
wrought
more
trouble
to
this
Isle
then
either
Pict
or
Saxon
;
for
it
troubled
all
.
This
was
the
Canonicall
power
of
the
Roman
Bishop
,
now
called
the
Universall
Bishop
.
For
the
Roman
Empire
having
removed
the
Imperiall
residence
to
Constantinople
weakned
the
Westerne
part
of
the
Empire
,
and
exposed
it
not
onely
to
the
forraine
invasions
of
the
Goths
,
Vandals
,
Herules
,
Lombards
,
and
other
flotes
of
people
that
about
these
times
by
secret
instinct
were
weary
of
their
owne
dwellings
,
but
also
to
the
rising
power
of
the
Bishop
of
Rome
,
more
Asciatico
,
which
custome
also
continued
after
Austens
comming
fifty
yeers
,
sore
against
Austens
will
:
His
advantages
were
,
first
his
entrance
upon
Kent
,
the
furthest
corner
of
all
the
Iland
from
the
Britaines
and
Picts
,
and
so
lesse
prejudiced
by
their
Church-policy
;
and
at
that
very
time
interessed
in
the
Roman
ayre
above
all
the
other
Saxons
:
for
their
King
had
married
a
daughter
of
France
,
one
that
was
a
pupill
to
Rome
,
and
a
devout
woman
;
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
helpe
every
one
of
them
,
by
word
and
deed
to
be
children
of
God
:
And
other
obedience
then
this
I
doe
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
spirituall
.
This
was
the
Britons
resolution
,
and
they
were
as
good
as
their
word
;
for
they
maintained
the
liberty
of
their
Church
five
hundred
yeeres
after
this
time
,
and
were
the
last
of
all
the
Churches
of
Europe
that
gave
their
power
to
the
Roman
beast
,
and
in
the
person
of
Henry
the
eighth
that
came
of
that
blood
by
Teuther
,
the
first
that
tooke
away
that
power
againe
.
Austen
having
met
with
this
affront
,
and
perceiving
that
the
Britons
were
stronger
in
their
faith
then
he
by
his
miracles
,
cast
about
to
try
the
Saxons
curtesie
,
that
what
the
Ephod
could
not
,
the
Sword
wrapt
up
therein
should
.
CHAP.
VI.
Of
the
imbodying
of
Prelacy
into
the
government
of
this
Kingdome
.
I
Cannot
think
that
the
platforme
of
the
mystery
of
iniquity
(
when
boyled
to
the
hight
)
was
ever
foreseen
,
or
in
the
aime
of
the
wicked
spirits
on
earth
,
or
those
in
hell
;
yet
were
they
all
instruments
of
this
monstrous
birth
,
filled
with
subtilty
and
mischiefe
,
guided
principally
by
occasion
,
and
over-ruled
by
the
Justice
and
Wisdome
of
God
,
to
make
a
yoke
for
Monarchs
,
and
a
scourge
to
the
world
for
their
refusall
of
the
government
of
Christ
,
untill
this
monster
came
to
perfection
,
and
wherein
themselves
were
feloes
de
se
,
and
wrought
their
owne
mischiefe
:
for
Austen
comming
in
as
a
third
proprietor
with
King
and
people
;
and
having
gathered
the
materials
of
a
Church
,
reason
told
them
that
a
forme
of
government
must
be
setled
in
that
Church
;
the
Saxons
had
no
principles
of
their
own
,
Magnae
spes
altera
Romae
,
and
the
very
top-flowers
of
wisdome
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
generall
meetings
,
and
allow
them
much
power
therein
,
and
then
it
s
but
the
person
changed
and
they
must
doe
as
much
for
their
Bishops
now
they
are
become
Christian
;
especially
themselves
being
all
for
the
field
,
and
overgrown
with
a
generall
ignorance
,
the
common
disease
of
those
times
.
Kings
were
in
no
beteer
condition
;
it
was
hard
for
them
to
be
baptised
and
not
to
be
baptised
into
Rome
,
and
commonly
under
such
a
Covenant
as
though
many
might
repent
of
,
yet
none
durst
amend
:
for
when
as
the
Pope
is
Lord
of
the
consciences
of
the
People
,
the
Kings
power
may
sometimes
outface
,
but
can
never
govern
;
the
Saxon
Kings
were
therefore
faine
to
make
a
vertue
of
necessity
,
and
advance
Bishops
to
be
common
favorites
both
of
Rome
and
themselves
,
to
maintaine
good
correspondency
between
both
Swords
;
and
to
countenance
the
power
of
the
temporall
Magistrate
in
cases
of
dispute
,
else
he
might
oftentimes
command
,
and
yet
goe
without
.
Thus
enter
the
Prelates
upon
affaires
of
Kings
and
Kingdomes
,
and
became
lovers
of
Lordships
,
and
troublers
of
States
;
and
if
in
any
thing
they
served
their
Countrey
,
they
served
Rome
much
more
;
their
merchandise
was
made
of
the
policies
and
Councels
of
all
Kingdomes
and
States
,
and
such
returnes
proceeded
as
were
still
subservient
to
the
Roman
interest
;
and
they
so
intoxicated
the
domestique
counsels
in
such
manner
,
as
they
generally
staggered
,
and
many
times
came
short
of
home
.
Neverthelesse
at
the
first
this
was
but
rare
,
clancular
,
and
covered
with
much
modesty
;
for
(
excepting
such
choice
spirits
as
Austen
had
)
Roman
Prelacy
in
these
yonger
times
was
but
Velvet-headed
,
and
endured
not
much
greatnesse
or
bigge
titles
,
but
spake
like
a
Lambe
,
Ego
non
verbis
quaero
prosperari
sed
moribus
,
said
this
Gregory
to
the
Alexandrian
Bishop
,
who
had
put
upon
him
the
title
of
universall
Bishop
or
Pope
:
CHAP.
VII
.
Of
Metropolitans
in
the
Saxons
time
.
BEing
in
pursuit
of
the
government
of
this
Kingdome
in
elder
times
,
and
therein
first
of
the
persons
with
their
relation
,
then
of
their
worke
,
and
lastly
of
their
Courts
and
Lawes
,
and
now
in
hand
with
the
Ecclesiasticall
persons
,
I
shall
descend
to
their
particular
ranks
or
degrees
,
and
shall
shew
what
they
were
in
their
originall
,
and
what
overplus
they
had
by
Lawes
.
And
first
concerning
the
Metropolitan
.
In
his
originall
his
Office
was
to
visite
the
Bishops
,
admonish
and
exhort
them
,
and
in
full
Synod
to
correct
such
disorders
as
the
Bishop
could
not
reforme
,
and
in
all
things
to
proceed
according
to
the
prescript
Canon
.
Thus
witnesseth
Boniface
an
Archbishop
to
an
Archbishop
of
an
Archbishop
;
not
according
to
the
practise
of
the
times
wherein
it
was
written
,
but
according
to
the
ancient
rule
.
For
long
before
Boniface
his
time
Archbishops
were
swolne
beyond
the
girt
of
the
Canon
;
England
.
Theodore
Archbishop
of
Canterbury
used
such
power
over
other
Bishops
in
ordaining
and
removing
them
,
as
a
writer
saith
,
CHAP.
VIII
.
Of
the
Saxon
Bishops
.
HAd
not
Bishops
been
somewhat
sutable
,
the
Roman
Clergy
had
not
been
like
it selfe
;
and
it
had
been
contrary
to
Austins
principles
to
have
advanced
to
Bishopricks
men
better
qualified
then
himselfe
.
They
first
ruled
the
Saxon
Church
joyntly
in
the
nature
of
a
Presbytery
till
about
sixty
yeeres
after
Austins
time
,
their
pride
would
not
endure
together
any
longer
;
and
it
may
be
grew
somewhat
untractable
under
the
Metropolitan
,
that
resolved
to
be
prouder
then
all
;
and
thereupon
Theodore
Archbishop
of
Canterbury
first
divided
his
Province
into
five
Diocesses
,
sine
juramento
sit
irrefragabile
.
Their
presence
must
be
a
Sanctuary
against
all
violence
;
all
Clerkes
and
religious
houses
must
stoop
under
their
power
;
Ex
corde
cum
magna
humilitate
;
and
this
was
allowed
of
by
Offa
the
great
in
a
legatine
Synod
.
And
thus
highly
advanced
Bishops
are
now
consecrated
to
any
worke
,
and
make
every
thing
sacred
.
interesse
secularibus
;
yet
afterwards
it
became
a
part
of
their
Office
to
assist
Judges
in
secular
causes
,
to
see
that
justice
be
not
wronged
:
and
had
the
sole
cognisance
of
all
causes
criminall
belonging
to
the
Clergy
,
their
tenants
or
servants
;
and
in
their
Synods
their
power
reached
to
such
crimes
of
Lay-men
as
came
within
the
savour
of
the
Canon
,
though
it
were
but
in
the
cold
sent
,
as
the
Lawes
of
Athelstane
and
other
his
successors
sufficienly
set
forth
.
And
thus
dressed
up
let
them
stand
aside
,
that
roome
may
be
made
for
their
traine
.
CHAP.
IX
.
Of
the
Saxon
Presbyters
.
THese
follow
their
Lords
the
Bishops
as
fast
as
they
can
hunt
;
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
onely
touch
upon
them
.
The
first
are
called
Deacons
,
These
are
the
severall
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
Abbats
and
Priors
,
&
other
such
religious
men
,
as
they
were
then
called
;
nor
can
I
passe
them
amongst
the
number
of
Church-governours
or
Officers
,
being
no
other
then
as
a
sixt
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
affaires
of
the
publique
worship
of
God
,
and
regard
of
the
salvation
of
the
soules
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
almes
;
and
from
these
arose
the
maintenance
that
ascended
up
in
abundance
to
the
higher
Region
of
the
Clergy
,
but
came
againe
in
thinne
dewes
scarce
enough
to
keep
the
husbandmans
hope
from
dispaire
;
otherwise
had
not
the
Prelates
so
soon
mounted
up
into
the
chaire
of
pompe
and
state
,
as
they
did
.
I
say
,
these
are
given
in
free
almes
,
or
more
plainly
,
as
almes
free
from
all
service
:
and
this
was
doubtlesse
soon
thought
upon
(
for
it
was
formerly
in
president
with
their
heathenish
Priests
and
Druids
;
as
Caesar
noteth
,
Math.
Westm
.
understands
that
he
gave
the
tenth
part
of
his
Kingdome
;
decimam
partem
terrae
meae
.
In
my
opinion
all
this
being
by
tradition
,
little
can
be
grounded
thereupon
.
The
forme
of
the
Donation
it selfe
is
uncertaine
and
varions
,
the
inference
or
relation
more
uncertaine
,
and
unadvised
;
for
if
the
King
had
granted
that
which
was
not
his
owne
,
it
could
neither
be
accounted
pious
or
rationall
.
Nor
doe
we
finde
in
the
donation
that
the
King
in
precise
words
gave
the
Land
,
or
the
tenth
part
of
the
Land
of
his
Kingdome
;
but
the
tenth
of
his
Land
in
the
Kingdome
:
and
the
exemplification
published
by
Math.
Westm
.
countenanceth
the
same
,
albeit
the
Historian
observed
it
not
;
but
suppose
that
the
Kingdome
joyned
with
the
King
in
the
concession
,
and
that
it
was
the
course
to
passe
it
onely
in
the
Kings
name
,
yet
could
not
the
tenth
Hide
,
tenth
Mansion
,
or
tenth
part
of
the
Kingdome
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
.
Neverthelesse
I
doe
not
take
the
thing
to
be
wholy
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
Kingdome
;
and
that
it
was
by
publique
act
of
state
,
and
that
clause
forgotten
by
Historians
.
Alfred
,
Athelstan
,
and
other
Kings
,
who
setled
Lawes
under
payment
of
penalties
,
and
appointed
the
times
of
payment
,
viz.
the
small
Tithes
at
Whitsuntide
,
and
the
great
Tithes
at
Alhollantide
.
Another
Tribute
was
that
of
Luminaries
,
The
incumbent
also
of
every
Church
had
Glebe
laid
to
the
Church
;
Edward
the
Confessor
confirmed
that
Donation
out
of
such
Tenements
as
had
thirty
pence
vivae
pecuniae
.
If
then
it
be
granted
that
the
Saxon
subjects
had
any
property
in
their
Lands
or
tenements
,
as
no
man
ever
questioned
,
then
could
not
this
charge
be
imposed
without
the
publique
consent
of
the
people
;
and
then
the
assertions
of
Polidore
and
the
Monks
,
who
tell
us
that
Ina
and
Offa
had
made
the
whole
kingdome
tributary
to
Rome
,
must
needs
be
a
mistake
,
both
in
the
person
,
and
the
nature
of
the
gift
,
seeing
there
is
a
much
more
difference
between
an
Almes
and
a
Tribute
then
between
the
King
and
the
people
.
Now
that
it
was
an
Almes
and
not
a
Tribute
,
may
appeare
,
for
that
the
originall
was
a
suddaine
pang
of
zeale
,
Secondly
,
that
it
was
an
Almes
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
yeelded
thirty
pence
rent
,
called
vivae
pecuniae
,
because
in
those
times
rent
was
payd
in
Victuall
;
so
as
it
may
seem
that
onely
Farmes
were
charged
herewith
:
and
not
all
mens
Farmes
neither
;
for
the
generall
income
will
never
answer
that
proportion
.
The
particular
hereof
I
shall
in
briefe
set
forth
.
It
appeareth
in
the
former
quotation
that
Offa
charged
this
leavy
upon
the
inhabitants
dwelling
in
nine
severall
Diocesses
,
viz.
Hereford
,
which
contained
the
City
and
County
adjacent
.
2.
Worcester
,
containing
the
Cities
and
Shires
of
it
and
Glocester
.
3.
Lechfield
,
containing
Warwickeshire
,
Cheshire
,
Staffordshire
,
Shropshire
,
and
Darbishire
.
4.
Leicester
,
with
the
County
adjacent
.
5.
Lincolne
,
with
the
County
adjacent
.
6.
Dorchester
,
whereto
belonged
Northamptonshire
,
Buckinghamshire
,
Bedfordshire
,
Huntingtonshire
,
Cantabridgeshire
,
and
halfe
Hartfordshire
.
7.
London
,
with
Essex
,
Middlesex
,
and
the
other
halfe
of
Hartfordshire
.
8.
Helmham
,
with
Norfolke
.
9.
Domuck
or
Dunwich
with
Suffolke
.
In
which
nine
Diocesses
were
two
and
twenty
shires
.
And
he
further
granted
it
out
of
Spatinghenshire
(
now
Nottingham
)
whose
Church
belonged
to
Yorke
.
But
in
Ethelwolfes
time
the
grant
was
enlarged
and
extended
into
fifteen
Diocesses
;
which
together
with
their
severall
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.
|
|
Coventree
|
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
lesse
in
those
times
then
in
the
reigne
of
Edward
the
first
,
when
it
was
the
twentieth
part
of
an
ounce
,
and
that
the
twefth
part
of
a
pound
,
as
by
the
statute
thereof
made
may
appeare
.
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
appeare
,
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
severall
Precincts
of
Jurisdictions
of
Church-governours
amongst
the
Saxons
.
THe
Church-officers
thus
called
to
the
Drumme
and
payd
,
are
sent
to
their
severall
charges
,
over
Provinces
,
Diocesses
,
Deaneryes
,
and
Parishes
,
Diocesses
have
also
been
subdivided
into
inferiour
Precincts
called
Denaries
or
Decanaries
,
the
chiefe
of
which
was
wont
to
be
a
Presbyter
of
the
highest
note
called
Decanus
,
or
Archpresbyter
.
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
publique
Councell
,
as
well
in
the
making
as
executing
of
lawes
already
made
;
This
course
was
learned
from
Antiquity
,
Clevershoe
,
An.
747.
and
another
at
Celchith
,
An.
816.
And
in
the
reigne
of
Edward
the
elder
,
though
the
Synod
was
called
by
the
King
,
yet
the
Archbishop
was
president
.
Concerning
all
which
it
may
be
in
the
summe
well
conceived
,
that
the
penning
of
the
Councels
aforesaid
,
either
the
Clergy
(
being
the
pen-men
)
were
partiall
or
negligent
in
the
setting
down
of
the
right
form
;
and
that
the
Kings
called
these
Assemblies
by
instance
of
the
Archbishop
,
and
sometime
presided
in
his
owne
person
,
and
sometimes
deputed
the
Archbishop
thereto
.
The
executing
of
Lawes
was
for
the
most
part
left
to
the
Diocesan
Synods
;
yet
when
the
cases
concerned
great
men
,
the
more
generall
Councels
had
the
cognisance
,
and
therein
proceeded
strictly
sparing
no
persons
of
what
degree
soever
;
Examples
we
finde
hereof
,
The
particular
Diocesan
Synods
were
,
as
I
said
,
called
by
the
Bishops
within
their
severall
Diocesses
.
The
worke
therein
was
to
preach
the
word
as
a
preparative
;
then
to
visit
&
inquire
of
the
manners
of
the
Clergy
in
the
worship
of
God
,
CHAP.
XIV
.
Of
Causes
Ecclesiasticall
.
AS
the
power
of
Synods
grew
by
degrees
,
so
did
also
their
worke
;
both
which
did
mutually
breed
and
feed
each
other
:
Blasphemy
But
Apostacy
was
an
early
sinne
,
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
sinne
alwaies
in
a
myst
,
and
hard
to
be
discerned
but
by
the
quicksighted
Clergy
;
and
therefore
it
was
left
to
their
censure
,
Concerning
perjury
,
Sacriledge
But
nothing
was
more
their
own
then
Simony
;
And
yet
the
theame
of
marriage
was
the
best
dish
in
all
their
entertainment
:
Justin
Martyr
concerning
a
divorce
sued
out
by
a
godly
Matron
long
before
the
Prelacy
got
into
the
saddle
,
or
the
Clergy
had
the
power
of
Judicature
:
And
whereas
Lucius
taxed
Vrbicius
the
Magistrate
for
punishing
Ptolomy
who
was
guilty
of
no
crime
worthy
of
his
cognisance
in
that
kind
;
amongst
other
crimes
enumerated
by
him
,
whereof
Ptolomy
was
not
guilty
,
he
nameth
the
crimes
against
the
seventh
Commandement
,
intimating
thereby
a
power
in
the
Judge
to
have
cognisance
of
those
crimes
as
well
as
others
.
But
the
Prelacy
beginning
to
mount
,
nibled
at
it
in
the
second
Century
,
but
more
clearly
in
the
fourth
,
when
the
persecutions
were
allayed
,
and
men
of
learning
began
to
feele
their
honour
;
and
never
left
pursuit
till
they
had
swallowed
the
baite
,
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
Clergy
therewith
,
The
Clergy
having
gained
the
principall
,
with
more
ease
obtained
the
appurtenances
;
such
as
are
Bastardy
,
Adultery
,
Fornication
,
and
Incest
.
There
was
some
doubt
concerning
Bastardy
,
Adultery
.
Fornication
.
Concil.
Brit.
p.
558.
for
the
civill
Magistrate
had
cognisance
thereof
,
so
far
as
touched
the
temporall
penalty
:
And
to
give
them
as
much
as
can
be
allowed
,
its
probable
that
in
all
or
most
of
the
cases
foregoing
they
had
the
honour
to
advise
in
determining
of
the
crime
,
and
declaring
the
Law
,
or
defining
the
matter
;
for
in
those
ignorant
times
it
could
not
be
expected
from
any
other
.
But
how
the
cognisance
of
Tythes
crept
under
their
wing
,
CHAP.
XV.
A
briefe
Censure
of
the
Saxon
Prelaticall
Church-government
.
THis
that
I
have
said
might
at
the
first
view
seem
to
represent
a
curious
structure
of
Church
policy
,
which
might
have
put
a
period
to
time
it selfe
;
but
(
to
speak
sine
ira
&
studio
)
the
height
was
too
great
,
considering
the
foundation
,
and
therefore
ever
weake
,
and
in
need
of
props
.
The
foundation
was
neither
on
the
rocke
,
nor
on
good
ground
,
but
by
a
ginne
screwed
to
the
Roman
Consistory
,
or
like
a
Castle
in
the
ayre
hanging
upon
a
pin
of
favour
of
Kings
and
great
men
.
At
the
first
they
thought
best
to
temporise
,
and
to
hold
both
these
their
strings
to
their
bow
:
but
feeling
themselves
somewhat
underpropped
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
publique
Synods
rang
that
the
Prelates
loved
not
Princes
,
Lord
have
mercy
upon
us
in
English
.
It
was
therefore
a
vaine
thing
for
the
Clergy
to
rest
upon
their
works
,
or
title
of
Divine
right
;
Their
great
pompe
,
sacred
places
,
and
favour
of
Kings
commended
them
to
the
admiration
,
or
rather
adoration
of
ignorant
people
,
and
the
favour
of
the
Roman
chaire
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
daies
;
yet
had
the
Prelacy
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
nor
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
greatnesse
,
yet
reverence
is
the
proper
debt
to
goodnesse
,
without
which
we
looke
at
great
men
as
Comets
whose
influence
works
mischiefe
,
and
whose
light
serves
rather
to
be
gazed
upon
,
then
for
direction
.
The
foundation
thus
unhappily
laid
,
the
progresse
of
the
building
was
no
lesse
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
confesse
,
but
it
was
too
late
;
and
though
they
reformed
it
,
yet
it
was
after
foure
hundred
yeeres
labour
,
and
in
the
meane
time
by
the
contentions
of
the
Clergy
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
Clergy
,
and
had
brought
the
matter
to
issue
,
before
the
Synod
could
rid
themselves
of
these
Lay
Spectators
,
or
rather
overseers
of
their
waies
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
controle
,
neither
in
admission
or
deprivation
of
Presbyters
or
others
,
determining
of
any
cause
,
e
latere
soon
reduced
him
into
ranke
,
and
kept
all
in
awe
with
a
sub
poena
of
unknown
danger
.
A
third
errour
,
was
the
allowing
of
peculiars
and
exemptions
of
Religious
Houses
from
ordinary
jurisdiction
;
and
this
was
an
errour
in
the
first
concoction
,
a
block
in
the
way
of
Prelacy
,
and
a
clogge
to
keepe
it
down
.
This
errour
was
soon
felt
,
and
was
occasion
of
much
mutiny
in
the
body
Ecclesiasticall
:
but
exceeding
profitable
for
Rome
,
not
onely
in
point
of
Revenue
by
the
multitude
of
appeales
,
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
wenne
upon
the
body
,
rather
then
any
homogene
member
,
and
without
which
certainly
the
English
Prelacy
had
thriven
much
better
,
and
the
Roman
chaire
much
worse
.
In
all
which
regards
I
must
conclude
that
the
Prelaticall
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
Saxon
Common-weale
,
and
the
government
thereof
;
and
first
of
the
King
.
HAving
already
treated
of
the
Saxon
Church
,
in
order
I
am
now
come
to
the
Republique
,
which
in
all
probability
will
be
expected
to
be
suitable
to
their
originall
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
customes
.
The
Saxons
in
their
first
state
in
Germany
were
distributed
into
foure
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
speake
a
part
:
the
two
last
differed
onely
in
the
bare
liberty
of
their
persons
,
and
therefore
may
be
comprehended
under
one
head
,
as
they
were
in
their
originall
.
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 selfe
,
the
executive
power
of
the
Law
rested
much
in
the
Nobility
:
but
in
times
of
warre
,
and
in
publique
distractions
they
chose
a
Generall
,
and
all
sware
obedience
unto
him
during
the
war
;
aequo
jure
propria
contentus
potestate
.
But
in
their
transmigration
into
Britaine
,
the
continuance
of
the
war
causing
the
continuall
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
then
in
the
sence
of
the
words
,
the
one
signifying
to
lead
,
the
other
to
governe
;
so
as
he
that
formerly
was
a
servant
for
the
occasion
,
afterwards
became
a
servant
for
life
,
yet
clothed
with
Majesty
,
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
uncertaine
,
as
a
man
might
imagine
that
sometimes
there
appeared
more
of
the
will
then
of
the
judgement
in
it
;
that
it
might
be
said
to
be
the
more
free
;
for
they
neither
excluded
women
nor
children
further
then
present
occasions
lead
them
.
The
West-Saxons
deposed
Seburg
their
Queen
because
they
would
not
fight
under
a
woman
;
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
yeeres
old
to
be
their
King
.
They
likewise
excluded
not
bastards
till
the
Clergy
interposed
;
for
they
having
wound
themselves
into
the
Councels
of
the
Kingdome
,
procured
a
constitution
to
back
them
in
the
election
of
Kings
Legitime
,
&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
councell
,
Secondly
,
this
election
was
qualified
under
a
stipulation
or
covenant
,
wherein
both
Prince
and
people
were
mutually
bound
each
to
other
;
the
people
to
defend
their
King
,
which
the
Historian
saith
was
praecipuum
Sacramentum
;
All
the
people
in
their
Folkmote
shall
confederate
themselves
as
sworn
bretheren
,
to
defend
the
Kingdome
against
strangers
and
enemies
,
together
with
their
Lord
the
King
,
and
to
preserve
his
Lands
and
Honours
together
with
him
with
all
faithfulnesse
,
and
that
within
and
without
the
Kingdom
of
Britaine
they
will
be
faithfull
to
him
as
to
their
Lord
and
King
.
So
as
t
is
evident
the
Saxons
fealty
to
their
King
was
subservient
to
the
publique
safty
,
and
the
publique
safety
is
necessarily
dependant
upon
the
liberty
of
the
Lawes
.
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
then
as
servants
of
State
in
sending
them
as
Embassadours
and
Captaines
,
Thirdly
,
the
Saxons
had
so
hammered
their
Kings
in
their
elections
,
and
made
him
so
properly
their
own
,
as
they
claimed
an
interest
not
onely
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
Christchurch
in
Canterbury
;
and
because
the
Lords
consented
not
thereto
,
Neverthelesse
Kings
were
not
then
like
unto
plumed
Eagles
,
exposed
to
the
charity
of
the
Foules
for
food
,
but
had
a
royall
maintenance
suitable
to
their
Majesty
;
their
power
was
double
,
one
as
a
Captaine
,
other
as
a
King
;
the
first
was
first
,
and
made
way
for
the
second
;
as
Captaine
,
their
power
was
to
lead
the
army
,
punish
according
to
demerits
,
and
according
to
laws
;
and
reward
according
to
discretion
.
As
Captaine
,
they
had
by
ancient
custome
the
whole
spoile
left
to
their
ordering
by
permission
of
the
army
,
(
per
bella
raptus
munificentiae
materia
)
the
spoiles
in
these
wasted
parts
of
Germany
bring
little
other
then
horses
and
armes
.
But
after
they
came
into
Britaine
,
the
change
of
soile
made
them
more
fat
;
Horses
and
Armes
were
turned
into
Towns
,
Houses
,
Lands
,
and
Cattell
;
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
,
To
the
increase
of
Majesty
and
maintenance
there
was
an
accesse
of
power
,
not
to
make
,
dispence
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
unfethered
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
yeelded
much
;
yet
would
no
King
of
Saxon
principles
allow
of
any
Canon
that
extolled
the
Clergies
authority
above
that
of
Kings
:
and
though
the
placing
and
displacing
of
Bishops
seemed
to
be
all
Ecclesiasticall
worke
,
yet
would
not
the
Kings
altogether
connive
:
as
the
examples
of
Ina
in
placing
a
Bishop
in
Wels
,
Offa
in
making
two
Provinces
of
one
,
Polydorus
,
Edfrid
in
deposing
Wilfrid
,
and
Edward
the
Confessor
in
making
Robert
Norman
Archbishop
of
Canterbury
may
induce
into
opinion
;
and
for
their
own
safety
sake
the
Prelats
thought
it
wisdome
for
them
sometimes
to
stoop
to
that
power
that
at
other
times
they
must
be
beholding
to
;
and
therefore
though
in
Synodicall
disputes
they
would
hold
with
the
Canon
,
yet
in
matters
of
action
would
suite
with
the
occasion
,
and
thereby
taught
Princes
to
account
of
Canons
but
as
Notions
;
and
politiquely
to
put
the
honour
of
Commissioners
upon
these
men
:
thus
the
current
of
both
powers
passing
in
one
chanell
made
the
people
drinke
double
Beere
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
faire
compromise
.
But
the
Popedome
finding
its
authority
becalmed
indured
this
but
as
a
burden
,
till
Pope
Nicolas
the
seconds
time
,
who
by
the
like
trick
commended
all
to
the
Crown
,
as
from
the
Papall
benediction
.
For
Edward
the
Confessor
upon
his
foundation
of
the
Abby
of
Westminster
sent
to
the
Pope
for
his
allowance
,
and
confirmation
of
what
he
had
done
,
or
was
to
doe
;
and
to
make
way
for
the
more
favour
sent
presents
,
and
a
confirmation
of
Romescot
:
The
Pope
was
so
inflamed
with
such
an
abundant
measure
of
blessing
,
as
he
not
onely
granted
the
Kings
desire
,
but
also
discharged
that
Abbey
from
ordinary
jurisdiction
,
made
it
a
peculiar
subject
onely
to
the
Kings
visitation
,
and
concluded
his
Bull
with
this
horne
.
Vobis
vero
&
posteris
vestris
regibus
committimus
advocationem
&
tuitionem
ejusdem
loci
&
omnium
totius
Angliae
Ecclesiarum
,
primum
mobile
set
in
a
regular
motion
,
by
Lawes
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
ranke
of
men
was
continued
by
three
means
,
viz.
by
birth
or
blood
,
by
valour
,
and
by
wisdome
:
the
first
was
rather
at
the
first
a
stemme
arising
out
of
the
first
two
,
then
a
different
degree
or
kind
:
for
Noble
blood
was
at
the
first
innobled
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
wisdome
,
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
wisdome
,
but
more
from
good
successe
;
for
many
brave
and
fortunate
Commanders
have
not
been
very
daring
,
Duces
,
Satrapae
,
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
curtesie
prevaile
over
all
.
This
starry
Heaven
had
severall
Orbes
:
De
minoribus
rebus
consultant
principes
.
These
minora
are
such
as
are
subservient
to
the
majora
and
pro
hic
&
nunc
require
sudden
order
touching
any
particular
part
or
member
of
the
Common-wealth
.
At
other
times
they
visited
their
severall
Territories
or
circuits
,
hearing
and
determining
matters
of
controversie
,
and
executing
judgement
according
to
the
known
Lawes
.
Principes
jura
per
pagos
vicosque
reddunt
.
Yet
they
had
comites
of
the
Countrey
joyned
with
them
,
German
Saxony
;
but
in
England
the
new
stemme
of
Kingly
power
arising
higher
then
all
the
rest
sucked
much
from
them
,
and
kept
them
under
:
for
the
judiciary
power
was
in
time
drawn
up
into
the
Regall
order
,
and
the
Lords
executed
the
same
as
deputies
from
and
under
him
,
designed
thereto
by
Writs
and
Commissions
,
as
its
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
Free
men
called
anciently
Frilingi
or
free
born
,
or
such
as
are
borne
free
from
all
yoke
of
arbitrary
power
,
and
from
all
Law
of
compulsion
other
then
what
is
made
by
his
voluntary
consent
;
for
all
free
men
have
votes
in
the
making
and
executing
of
the
generall
Laws
of
the
Kingdome
.
In
the
first
they
differed
from
the
Gauls
,
of
whom
its
noted
,
that
the
Commons
are
never
called
to
councell
,
Custodes
Pagani
an
honourable
title
belonging
to
military
service
;
CHAP.
XIX
.
Of
the
villanies
amongst
the
Saxons
.
THe
most
inferiour
ranke
amongst
the
Saxons
were
those
that
of
latter
times
were
called
villains
;
But
those
also
anciently
divided
into
two
degrees
,
the
chiefer
of
which
were
called
Free-lazzi
.
These
were
such
as
had
been
slaves
,
but
had
purchased
their
freedome
by
desert
;
and
though
they
had
escaped
the
depth
of
bondage
,
yet
attained
they
not
to
the
full
pitch
of
free
men
;
for
the
Lord
might
acquit
his
own
title
of
bondage
,
but
no
man
could
be
made
free
without
the
act
of
the
whole
body
.
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
undergoe
any
punishment
;
CHAP.
XX.
Of
the
grand
Councell
of
the
Saxons
called
the
Micklemote
.
IT
was
originally
a
Councell
of
the
Lords
and
Free
men
;
afterwards
,
arbitrium
est
penes
piebem
.
And
thus
the
Micklemote
or
Wittagenmote
of
the
Saxons
in
England
continued
in
the
King
,
Lords
,
and
Free
men
by
the
space
of
one
hundred
and
fifty
yeeres
,
and
in
some
parts
of
England
nigh
two
hundred
yeeres
before
ever
the
Roman
Bishops
foot
entered
,
or
the
Roman
Clergy
crept
into
the
Councels
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
daies
they
ordinarily
took
up
)
a
degree
of
policy
above
devotion
,
that
knot
is
also
soon
untied
.
I
say
they
entered
as
Sapientes
,
not
as
Prelati
,
or
Church-governours
;
for
then
they
had
holden
the
same
power
in
Church-matters
agitated
in
the
Wittagenmot
that
they
had
usurped
in
their
Synods
which
they
held
only
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
Wtttagenmote
.
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
s
no
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
Elisha
.
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
then
in
the
Common-wealth
.
Nor
could
they
have
that
from
the
Lords
which
the
Lords
never
had
,
but
was
ever
accounted
amongst
the
majora
,
and
of
which
the
Wittagenmot
had
the
onely
cognisance
,
as
it
will
appeare
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
,
untill
after
the
comming
of
Austin
;
yet
when
as
the
Saxon
Histories
then
finde
them
in
the
same
condition
that
the
German
story
leaves
them
,
it
s
very
probable
that
in
the
intervall
they
continued
their
wonted
custome
,
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
yeeres
after
Austins
arrivall
Aethelbert
cals
a
Common-councell
tam
cleri
quam
populi
.
The
matters
in
agitation
in
the
Wittagenmot
generally
were
all
both
of
publique
and
private
concernment
.
That
which
concerned
the
publique
were
such
as
regarded
removall
of
inconveniences
,
such
as
are
lawes
for
leagues
and
affinity
with
other
Nations
for
preventing
of
war
;
and
thus
became
the
Saxons
and
Britons
united
,
Synodale
concilium
under
Beornulfus
the
Mercian
King
,
The
Mirror
of
Justices
,
it
tels
us
that
this
grand
assembly
is
to
conferre
of
the
government
of
Gods
people
,
how
they
may
be
kept
from
sinne
,
live
in
quiet
,
and
have
right
done
them
according
to
the
Customes
and
lawes
;
and
more
especially
of
wrong
done
by
the
King
,
The
manner
of
debate
was
concluded
by
vote
,
and
the
sum
taken
in
the
grosse
by
noise
;
This
grand
Assembly
thus
constituted
was
holden
sacred
;
and
all
the
members
,
or
that
had
occasion
therein
,
were
under
the
publique
faith
both
in
going
and
comming
,
unlesse
the
party
were
fur
probatus
.
If
a
member
were
wronged
,
the
delinquent
payed
double
dammages
,
and
fine
to
the
King
,
by
a
Law
made
by
Aethelbert
above
a
thousand
yeeres
agoe
.
Lastly
,
this
assembly
though
it
were
called
the
Wittagenmot
,
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
runne
in
magna
servorum
Dei
frequentia
,
as
that
of
Ina
:
Winton
,
An.
855.
is
said
to
be
in
the
presence
of
the
great
men
,
aliorumque
fidelium
infinita
multitudine
.
And
it
will
appeare
that
it
continued
thus
after
the
Norman
times
:
what
power
the
vulgar
had
to
controll
the
vote
of
the
wise
men
,
I
finde
not
;
fremitu
aspernabantur
its
said
,
and
probably
it
was
a
touch
of
the
rudenesse
of
those
times
;
for
it
was
not
from
any
positive
Law
of
the
Nation
,
but
a
fundamentall
Law
in
nature
that
wise
men
should
make
Lawes
:
and
that
the
supreame
judicature
should
rest
in
the
Wittagenmot
,
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
headlesse
conceit
provoco
ad
populum
,
but
that
body
must
be
as
monstrous
as
the
Anthrophagi
whose
heads
are
too
nigh
their
belly
to
be
wise
.
CHAP.
XXI
.
Of
the
Councell
of
Lords
.
THis
in
the
first
condition
was
a
meeting
only
of
the
Lords
,
for
direction
in
emergent
cases
,
concerning
the
government
and
good
of
the
Common-weale
;
and
for
the
promoting
of
administration
of
justice
:
these
the
Historian
cals
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
worke
as
might
concerne
due
correspondency
between
him
and
the
people
,
and
of
themselves
towards
both
.
This
worke
was
not
small
,
especially
in
those
times
of
the
growth
of
Kings
,
but
much
greater
by
the
accesse
of
Prelates
into
their
number
,
with
whom
came
also
a
glut
of
Church
affaires
,
that
continually
increased
according
as
the
Prelates
ambition
swelled
,
so
as
this
Councell
might
seem
to
rule
the
Church
alone
in
those
daies
;
when
as
few
motions
that
any
way
concerned
Church-men
,
but
were
resolved
into
the
Prelaticall
cognisance
,
as
the
minora
Ecclesiae
:
and
thus
under
the
colour
of
the
minora
Ecclesiae
,
and
the
minora
Reipublicae
,
this
mixt
Councell
of
Lords
came
by
degrees
to
intermeddle
too
farre
in
the
magnalia
Regni
.
CHAP.
XXII
.
Of
the
manner
of
the
Saxon
Government
in
time
of
warre
.
AS
the
condition
of
States
or
Kingdoms
are
diversly
considered
in
warre
and
peace
,
so
also
must
their
government
be
:
for
however
warre
in
it selfe
be
but
a
feaverish
distemper
in
a
Common-weale
,
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
then
from
the
abundance
of
humours
.
Nor
did
the
temper
of
the
Saxon
Common-weale
ever
shine
more
then
in
warre
,
whiles
it
set
a
law
upon
that
which
ordinarily
is
master
of
all
misrule
and
confusion
,
and
so
fought
by
rule
rather
then
by
passion
.
Their
chiefe
in
the
first
times
was
chosen
by
the
Freemen
in
the
field
,
CHAP.
XXIII
.
Of
the
government
of
the
Saxon
Kingdome
in
times
of
peace
;
and
first
of
the
division
of
the
Kingdome
into
shires
,
and
their
Officers
.
IF
the
Saxon
government
was
regular
in
time
of
warre
,
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
severall
circuits
or
circles
,
and
to
assigne
to
each
their
severall
Magistrates
,
all
of
them
ruled
by
one
Law
;
like
one
soule
working
in
severall
members
to
one
common
good
.
Thus
they
did
here
in
England
,
having
found
the
Land
already
divided
into
severall
governments
;
they
likewise
what
they
conquered
divided
into
severall
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
publique
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
folke
,
East
or
South
Sex
or
Saxons
.
This
division
by
the
names
seems
to
be
of
Saxon
originall
,
and
though
by
the
testimony
of
Ingulfus
and
other
writers
,
Each
of
these
Shires
or
Counties
had
their
two
chiefe
Governours
for
distributive
justice
;
of
these
the
Sheriffe
was
more
ancient
and
worthy
Officer
,
being
the
Lieutenant
,
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
publique
meetings
of
the
Freeholders
:
&
their
meetings
were
either
in
one
place
,
or
in
severall
parts
of
the
County
:
in
each
of
which
the
Sheriff
had
the
mannaging
of
the
acts
done
there
.
Coke
instit
.
2.
p.
69.
and
of
latter
times
the
County
court
:
the
work
wherein
was
partly
for
consultation
&
direction
concerning
the
ordering
of
the
County
,
for
the
safety
and
peace
thereof
,
such
as
were
redresse
of
grievances
,
election
of
Officers
,
prevention
of
dangers
,
&c.
and
partly
it
was
Judiciall
,
The
other
Court
wherein
the
Sheriffe
had
the
directory
was
in
the
meeting
of
the
free
men
in
severall
parts
of
the
County
;
and
this
was
anciently
,
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
subdivisions
;
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
tels
us
that
the
Germans
in
the
executing
of
their
Lawes
,
ad
pagi
vel
loci
praepositum
,
in
other
places
it
s
rendred
to
the
governours
of
the
Hundred
or
Burrough
.
And
at
this
day
in
Germany
their
Countrey
is
divided
into
circuits
called
centen
or
canton
and
centengriecht
and
the
Hundredere
they
call
Centgraven
or
Hundred
chiefes
,
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
with
certaine
bounds
;
yet
the
Decenners
were
not
limited
but
onely
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
chiefe
pledges
;
and
these
might
beare
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
Freeholders
in
Hundredo
,
and
all
free
men
were
Decenners
,
CHAP.
XXVII
.
Of
Francheses
:
and
first
of
the
Church
Franches
.
WE
have
hitherto
trode
in
the
rode
way
of
the
government
of
the
Common-weale
:
but
private
regards
have
made
by-paths
,
which
we
must
trace
,
or
else
the
footsteps
in
many
particulars
will
remaine
unknown
.
These
are
called
exemptions
,
but
more
ordinarily
Francheses
,
from
which
scarce
any
part
of
the
Kingdome
remained
free
;
and
are
to
be
considered
eithet
in
regard
of
the
place
or
person
.
In
the
later
I
intend
that
of
the
Churchmen
,
whose
persons
and
estates
in
many
particulers
were
exempted
from
the
civill
power
of
this
Kingdom
.
Their
persons
devoted
to
a
peculiar
worke
,
they
would
have
to
be
under
a
peculiar
Law
,
called
the
Canon
law
;
which
at
the
first
extended
onely
to
their
own
persons
,
and
that
onely
pro
reformatione
morum
:
CHAP.
XXVIII
.
Of
the
second
Franches
called
the
Marches
.
FRanchises
of
the
place
were
such
as
were
limited
within
precincts
of
place
,
&
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
warre
,
wherein
both
peoples
were
well
wearied
by
degrees
became
friends
,
entered
traffique
and
into
the
strictest
societies
by
marriage
.
Thus
finding
the
sweetnesse
of
peace
,
they
provide
against
future
occasions
of
strife
that
might
arise
in
commerce
by
the
justling
of
two
Laws
together
,
&
agree
in
one
law
,
&
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
,
CHAP.
XXIX
.
Of
County
Palatines
.
OF
the
same
sort
of
Francheses
were
these
which
are
called
County
Palatines
,
which
were
certaine
parcels
of
the
Kingdome
assigned
to
some
particular
person
,
and
their
successors
,
with
royall
power
therein
to
execute
all
Laws
established
,
in
nature
of
a
Province
holden
of
the
Imperiall
Crown
:
and
therefore
the
Kings
Writ
passed
not
within
this
precinct
no
more
then
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
whose
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
:
CHAP.
XXX
.
Of
Francheses
of
the
Person
.
FRancheses
of
the
person
are
such
liberties
annexed
unto
the
person
as
are
not
absolute
Lordships
,
but
onely
tending
thereto
,
and
limited
within
a
Precinct
,
but
not
annexed
thereto
:
and
these
are
matters
of
profit
rather
then
power
;
as
those
of
Bury
St.
Edmonds
,
Doncaster
,
Dorchester
,
Circester
;
all
which
were
in
the
Saxon
times
:
Handhaben
Backbearend
;
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
Councell
of
Lords
granted
over
to
these
Grantees
in
nature
of
Deputies
to
the
King
,
to
possesse
both
the
power
and
profit
thereto
belonging
.
CHAP.
XXXI
.
Of
Manors
NEverthelesse
most
of
these
liberties
,
if
not
all
of
them
were
many
times
granted
by
Kings
as
appendent
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
then
the
spoiles
of
warre
,
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
politique
.
In
antiquity
it
s
called
Mansum
from
the
mansion
house
,
although
it
is
not
of
the
Essence
of
a
Manor
,
But
over
and
above
all
,
they
reserved
speciall
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
.
But
the
profit
arose
from
beneath
,
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
services
,
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
an
other
service
,
The
other
Court
which
by
common
right
belonged
to
the
Lords
of
Mannors
was
that
of
the
Copyholders
,
CHAP.
XXXIII
.
Of
Townships
and
their
Markets
.
THe
next
Franchese
is
that
of
Towns
;
this
was
taken
up
as
a
birth
of
warre
and
nurse
of
peace
;
for
their
ancestors
liked
not
to
dwell
in
crowds
,
Dorcester
,
Circeter
,
and
Doncaster
,
in
Alfreds
time
;
and
herewith
they
had
publique
markets
which
served
them
for
their
better
convenience
.
This
priviledge
of
Market
was
a
liberty
of
publique
sale
and
trade
in
commodities
that
principally
concerne
the
belly
,
but
by
common
course
became
a
passe
for
commodities
of
every
kind
almost
.
Concerning
this
liberty
I
shall
desire
leave
to
enterpose
this
parenthesis
ensuing
before
I
proceed
in
the
intended
discourse
.
In
the
first
times
as
every
man
by
common
right
had
property
in
his
own
goods
,
so
by
the
same
right
he
had
power
to
alien
them
to
any
person
,
at
any
time
,
in
any
place
,
by
gift
,
sale
,
exchange
,
or
other
waies
;
and
that
by
such
alienation
,
but
especially
by
sale
a
right
was
vested
in
the
buyer
against
all
men
(
saving
the
Eignee
right
which
was
recompenced
upon
warranty
and
recovery
in
value
)
and
in
those
daies
common
sence
taught
men
to
buy
or
sell
,
of
or
to
the
next
neighbour
that
would
bargaine
with
them
:
and
for
want
of
such
occasion
to
repaire
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
lesse
;
and
this
made
the
neighbourhood
of
those
Towns
to
repaire
thither
to
buy
,
as
others
to
sell
.
But
time
discovering
a
double
inconvenience
herein
,
viz.
that
by
these
lesse
publique
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
prejudiciall
to
the
publique
)
that
the
greater
Towns
appointed
for
the
strength
and
defence
of
the
Kingdome
became
ill
provided
with
supply
of
victuall
,
either
for
the
present
or
future
;
and
what
was
had
for
the
most
part
was
gotten
at
the
second
hand
,
and
higher
rate
then
the
Countrey
Villages
had
.
The
wise
men
by
publique
edict
laid
a
restraint
of
Markets
in
smaller
Villages
,
and
more
private
places
;
and
thus
the
greater
Towns
having
Markets
formerly
became
more
publique
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
publique
defence
.
This
restraint
upon
the
reasons
aforesaid
,
was
made
first
in
the
Saxon
times
as
may
appeare
by
their
Laws
,
but
more
clearly
declared
and
confirmed
afterwards
by
the
Laws
of
the
Normans
,
which
never
gave
any
new
right
of
Market
overt
unto
those
places
of
publique
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
tooke
leave
to
abolish
that
restraint
which
did
lie
upon
some
of
those
more
private
places
for
certaine
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 selfe
cast
upon
those
greater
Towns
being
the
very
limbs
of
the
Kingdome
,
without
wrong
done
to
common
right
and
the
publique
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
s
to
be
concluded
,
that
the
ancient
Burroughs
of
this
Kingdome
properly
doe
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
then
on
any
of
the
smaller
Villages
&
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
then
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
publique
administration
,
had
for
their
better
support
and
safety
liberty
of
Fortification
,
CHAP.
XXXIV
.
Of
the
Forrests
.
BEsides
other
prerogatives
of
the
Saxon
Kings
,
they
had
also
a
Franchise
for
wild
beasts
for
the
Chase
,
which
we
commonly
call
Forrest
,
being
a
precinct
of
ground
neither
parcell
of
the
County
nor
the
Diocesse
,
nor
of
the
Kingdome
,
but
rather
appendant
thereunto
.
This
savoured
of
the
old
German
sport
,
but
by
custome
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
farme
as
well
as
themselves
their
own
;
People
neverthelesse
so
multiplyed
,
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
then
for
any
likelyhood
of
good
neighbourhood
:
for
as
nature
taught
beasts
to
prey
for
themselves
,
so
men
to
defend
their
owne
;
and
this
bred
such
a
fewd
between
beasts
and
men
,
as
that
Kings
doubting
to
loose
their
game
,
tooke
in
with
the
weaker
;
that
the
world
might
see
the
happinesse
of
England
,
where
beasts
enjoy
their
Liberties
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
farre
of
the
severall
Tribes
and
members
of
this
Commonweale
,
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 selfe
in
all
causes
arising
within
the
verge
of
that
precinct
;
some
of
which
had
more
extraordinary
triall
before
the
King
and
his
Councell
of
Lords
according
as
the
parties
concerned
were
of
greater
degree
,
or
the
cause
of
more
publique
concernment
.
Examples
hereof
are
the
cases
between
the
Bishop
of
Winchester
and
Leoftin
in
Aetheldreds
time
;
and
between
the
two
Bishops
of
Winchester
and
Durham
,
in
Edwards
time
:
but
custome
made
this
Court
stoop
to
smaller
game
in
latter
times
,
and
to
reach
at
the
practise
of
the
County
court
,
by
sending
the
Kings
Writs
to
remove
certaine
causes
from
the
cognisance
of
those
rurall
judicatories
to
their
sublime
determination
.
From
this
fountaine
issued
also
streams
of
judicature
into
all
parts
by
Judges
itinerant
under
the
Kings
Commission
to
reforme
errours
,
punish
defaults
in
the
ordinary
rurall
judicatories
,
CHAP.
XXXVI
.
Of
the
proceedings
in
Judicature
by
Indictment
,
Appeale
,
Praesentment
,
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
criminall
the
most
ancient
way
of
proceeding
was
by
appeale
of
the
party
complaining
;
but
afterwards
in
cases
that
concerned
dammage
,
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
publique
;
I
,
D.C.
do
say
for
the
King
,
that
I.
S.
is
defamed
by
good
men
;
that
he
upon
—
day
of
—
&c.
into
the
house
and
goods
of
—
did
cast
fire
,
and
the
same
did
burn
:
or
(
if
it
were
for
bloodshed
)
with
a
Sword
did
strike
and
wound
him
in
the
left
arme
,
and
that
this
was
done
feloniously
,
or
(
if
the
case
required
)
trayterously
;
and
if
I.
S.
deny
the
same
,
I
will
for
the
King
prove
the
matter
against
him
,
as
the
King
ought
to
doe
;
that
is
to
say
,
I.
C.
appealeth
D.
H.
here
present
,
for
that
E
father
,
brother
,
sonne
,
or
Vnkle
(
according
as
the
case
was
)
to
I.C.
being
in
the
peace
of
God
,
and
of
our
Soveraigne
Lord
the
King
in
the
dwelling
house
of
E.
at
—
&c.
the
said
D.H.
upon
the
—
day
of
—
in
the
—
yeere
of
—
with
a
Sword
made
a
wound
of
two
inches
long
,
and
six
inches
deep
in
the
left
pappe
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
by
his
body
,
or
as
a
Monk
,
woman
,
or
Clerk
behooveth
to
prove
the
same
,
that
is
,
by
Champion
;
for
neither
Monke
,
woman
,
nor
Clerke
was
by
Law
to
justifie
by
battaile
in
their
own
person
.
The
severall
causes
of
appeale
and
indictment
may
be
found
in
the
Law
bookes
,
to
whom
I
referre
the
Reader
,
it
not
being
within
the
compasse
of
this
discourse
to
fall
upon
the
particulars
:
I
shall
onely
observe
the
difference
between
Indictments
former
and
later
,
and
between
them
and
appeales
,
viz.
that
appeales
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
fame
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
free
men
.
Concerning
the
fact
secondly
the
difference
between
former
Indictments
from
these
in
these
daies
,
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
fame
,
the
later
of
the
fact
.
I
say
,
for
our
Soveraigne
Lord
the
King
,
that
H.
here
is
perjured
,
and
hath
broken
faith
against
the
King
,
because
whereas
H.
is
or
was
Chancellor
of
the
King
,
and
was
sworn
that
he
would
not
sell
right
,
or
any
remediall
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
halfe
a
Marke
:
so
as
the
difference
between
an
Indictment
and
Presentment
in
those
daies
was
onely
in
the
degree
of
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
trespasse
done
to
a
mans
person
or
his
goods
:
In
the
answer
of
the
defendant
he
either
traversed
the
matter
in
fact
,
CHAP.
XXXVII
.
Of
the
severall
manners
of
extraordinary
triall
by
Torture
,
Ordeale
,
Compurgators
and
Battaile
.
EVidence
of
the
matter
in
fact
,
upon
triall
of
causes
in
the
Saxon
judicatory
sometimes
consisted
in
the
pregnant
testimony
of
the
fact
it selfe
,
A
second
sort
of
evidence
was
that
of
Ordeale
,
Cum
ambulaveris
per
ignem
,
But
where
fame
was
yet
more
slight
,
voier
Dire
,
or
the
oath
of
the
party
suspected
,
and
the
concurrant
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
lesse
,
and
of
greater
or
lesse
value
,
according
as
the
offence
or
the
party
suspected
was
of
greater
or
lesse
concernment
.
CHAP.
XXXVIII
.
Of
the
ordinary
manner
of
triall
amongst
the
Saxons
by
Inquest
.
THe
last
and
most
ordinary
way
of
triall
was
by
witnesses
(
upon
travers
of
the
matter
in
fact
)
before
the
Jurors
,
In
singulis
Centuris
,
&c.
But
the
Saxons
were
yet
more
carefull
of
the
credit
and
life
of
man
,
Aetheldred
.
Viri
sint
,
&c.
In
English
thus
:
Let
there
be
twelve
men
of
understanding
in
the
law
,
six
of
them
English
,
and
six
Welsh
;
and
let
them
deale
justice
both
to
English
and
Welsh
.
The
equity
of
this
law
in
future
ages
spread
it selfe
into
all
trials
of
Foraigners
in
every
place
throughout
this
Island
.
Unto
such
as
stumble
at
this
conceipt
,
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
worke
of
Jurors
required
chiefe
men
both
for
experience
and
knowledge
in
the
customes
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
chiefe
men
,
so
they
sate
in
the
most
eminent
place
of
the
assembly
or
court
,
and
were
coassessors
with
the
Bishop
and
Sheriffe
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
chiefe
place
the
Jurors
might
have
possessed
at
this
day
,
as
they
doe
in
Sweden
,
had
the
chiefe
men
holden
the
service
still
worthy
of
their
attendance
.
But
great
men
grew
too
great
in
their
own
esteem
for
the
service
of
their
Countrey
,
Si
minister
regius
,
&c.
If
a
Lord
or
Baron
be
accused
of
homicide
,
he
shall
be
acquitted
by
twelve
Lords
:
but
if
of
inferiour
ranke
,
CHAP.
XXXIX
.
Of
passing
of
judgement
and
execution
.
AFter
verdict
judgement
passed
according
to
the
letter
of
the
Law
,
or
known
custome
;
in
criminall
matters
according
to
the
greatnesse
of
the
offence
,
either
for
death
or
losse
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
shamefull
penance
,
such
as
Pillory
or
whipping
(
the
last
whereof
was
inflicted
onely
upon
bondmen
)
then
might
that
penance
be
reduced
to
a
ransome
,
Vinculis
coercere
rarum
est
.
In
case
of
debt
or
dammage
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
Sheriffe
;
and
if
that
satisfied
not
,
salvo
centenemento
,
and
when
all
was
gone
the
defendants
armes
(
which
were
accounted
as
the
Nether-milstone
or
stock
of
maintenance
)
were
last
of
all
seised
,
CHAP.
XL.
Of
the
penall
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
criminall
offences
.
During
the
Saxons
time
the
Common-wealth
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
peoples
.
For
though
the
Saxons
were
in
name
our
first
matter
,
yet
not
they
onely
;
but
they
having
once
made
the
breach
open
,
and
entered
this
Island
it
became
a
common
sewer
to
the
excrescency
of
those
Easterne
peoples
of
the
Angles
,
Danes
,
Almains
,
and
Goths
;
as
their
severall
Lawes
left
with
us
in
power
doe
not
obscurely
informe
us
;
and
amongst
all
the
rest
the
Goths
were
not
the
least
concerned
herein
;
for
the
Saxon
King
determining
what
people
shall
be
holden
Denisins
in
this
Kingdome
,
saith
that
the
Goths
ought
to
be
received
and
protected
in
this
Kingdome
,
as
sworn
brethren
,
kinsmen
,
and
proper
Citizens
of
this
Common-weale
.
Nor
can
any
Nation
upon
earth
shew
so
much
of
the
ancient
Gothique
law
as
this
Island
hath
.
Neverthelesse
in
this
mixture
of
people
of
severall
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
uniforme
law
could
be
setled
,
yet
in
the
interim
these
short
remembrances
left
unconsumed
by
time
,
I
have
subjoyned
,
that
it
may
appeare
their
notions
were
excellent
,
though
somewhat
inconstant
in
their
practice
.
Those
times
were
darke
,
and
yet
so
farre
as
any
light
appeared
the
people
were
to
be
honoured
for
their
resolution
in
the
defence
thereof
.
For
there
was
few
of
the
Commandements
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
cognisance
.
True
it
is
that
the
first
Commandement
containeth
much
of
the
same
nature
;
yet
somewhat
is
visible
,
For
their
worship
of
God
they
were
no
lesse
zealous
in
maintenance
of
the
manner
;
It
hath
been
formerly
observed
that
the
Saxons
tooke
no
note
of
the
vice
of
prophane
swearing
and
cursing
;
Nox
ducere
diem
videtur
.
And
because
they
would
not
allow
their
secular
affaires
to
trench
too
nigh
that
daies
devotion
,
they
made
the
Lords
day
to
begin
upon
Saturday
at
three
of
the
clocke
in
the
afternoon
,
and
to
continue
till
Munday
morning
.
Proditores
&
transfugas
arboribus
suspendunt
.
Other
Treason
then
this
,
no
not
against
Kings
,
did
they
then
acknowledge
any
;
and
therefore
the
form
of
the
Indictment
for
contriving
the
death
of
their
King
concluded
only
Felonice
,
felonice
&
proditorie
.
If
in
any
thing
the
Saxons
were
indulgent
,
recepitque
satisfactionem
universa
Domus
.
Alfred
,
Edmond
,
Canutus
and
Edward
,
the
Saxon
Kings
.
Yet
one
custome
first
begun
by
the
Danes
,
Alured
.
praes.
Lam.
19.
and
was
called
Englishire
.
Batteries
,
maimes
,
imprisonments
,
and
other
breaches
of
peace
were
punished
by
fine
,
which
they
called
Fightwitt
,
Grithbrece
or
Frithbreck
;
and
the
delinquent
ordinarily
put
in
sureties
for
the
peace
for
future
time
;
The
fine
was
increased
by
the
number
of
delinquents
joyning
in
the
fact
;
for
if
seven
joyned
,
it
was
a
riot
,
and
the
fine
was
then
called
Flothbote
.
If
the
number
were
five
times
so
many
;
viz.
thirty
and
five
,
then
it
was
a
rebellion
or
warre
.
Secondly
,
the
fine
was
increased
by
the
time
or
season
of
the
fact
,
as
in
Lent
,
or
while
the
Army
was
in
the
field
;
because
,
in
the
first
case
,
the
holy
time
was
prophaned
;
in
the
second
,
the
Country
was
more
endangered
when
the
strength
was
abroad
,
and
the
Army
might
be
discouraged
at
the
news
of
the
disturbance
at
home
.
And
therefore
the
Saxons
punished
this
with
death
,
or
fine
sutable
.
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
;
Burning
of
woods
Burglary
.
Ll.
Edm.
cap.
6.
Ll.
Canut
.
p.
59
Trespasses
.
And
Edward
the
Confessor
limited
that
punishment
to
thefts
of
twelve
pence
in
value
,
or
above
,
burning
of
woods
was
fineable
by
Inaes
law
:
but
Burglary
was
felony
.
In
King
Edmunds
time
onely
the
Danes
made
it
finable
;
possibly
being
guilty
in
their
own
consciences
of
their
own
propensity
to
rapine
and
plunderings
.
This
priviledge
of
the
dwelling
house
was
anciently
called
Hamsoca
,
or
Hamsoken
,
or
Hamsokne
.
Trespasses
committed
upon
ground
were
all
comprehended
under
the
generall
name
of
Ederbrece
,
or
hedge-breaking
;
and
the
penalty
was
not
onely
the
dammage
to
the
party
,
but
also
fine
to
the
King
upon
action
,
which
in
these
daies
passeth
under
the
name
of
Quare
clausum
fregit
,
according
to
the
words
of
the
Writ
.
&
deterioratus
est
&c.
The
Saxons
were
utter
enemies
to
perjury
:
they
punished
[
a
](A76981-e31480-b)
a
Ll.
Aethelst
.
c.
10.
with
eternall
discredit
of
testimony
;
[
b
](A76981-e31490-b)
b
Ll.
Canut
.
c.
6.
and
sometimes
with
banishment
,
or
with
grievous
fines
to
the
King
,
and
mulcts
to
the
Judge
.
CHAP.
XLI
.
Of
the
Lawes
of
property
,
of
Lands
and
goods
,
and
their
manner
of
conveyance
.
THus
passing
over
some
tops
of
Saxon
penall
Laws
,
besides
the
general
rule
or
law
of
eye
for
eye
,
tooth
for
tooth
,
&c.
it
now
remains
as
lightly
to
glance
at
a
few
generals
concerning
the
setling
and
property
of
possessions
in
point
of
title
;
Estates
that
were
derived
out
of
the
estate
of
an
inheritance
by
the
act
of
the
party
,
Another
custome
of
inheritance
was
catcht
I
know
not
how
,
it
s
called
Burrough
English
,
and
by
the
name
may
seem
to
be
brought
in
by
some
Cynicall
odde
Angle
that
meant
to
crosse
the
world
,
and
yet
in
a
way
not
contrary
to
all
reason
:
for
where
nature
affords
least
helpe
,
the
wisdome
of
men
hath
used
to
be
most
carefull
of
supply
;
and
thus
the
youngest
became
preferred
before
the
elder
in
the
course
of
descent
of
inheritance
according
to
this
custome
.
There
is
no
further
monument
of
the
antiquity
hereof
that
I
have
met
with
,
then
the
name
it selfe
,
which
importeth
that
it
sprang
up
whiles
as
yet
the
names
of
Angles
and
Saxons
held
in
comon
cognisance
:
&
might
arise
first
from
the
grant
of
the
Lords
to
their
Tenants
,
and
so
by
continuance
become
usuall
;
and
by
this
means
also
might
arise
the
custome
of
Copyholds
of
this
nature
so
frequent
,
especially
in
those
Eastern
parts
of
this
Island
where
the
Angles
setled
,
and
from
whom
that
part
had
the
name
of
the
East
Angles
.
The
manner
of
conveying
of
estates
between
party
and
party
was
either
by
act
of
the
party
executed
in
his
life
time
,
I
Inas
the
King
doe
confirm
this
grant
and
liberty
,
by
subscription
of
my
own
hand
,
and
under
the
seale
of
the
holy
Crosse
.
True
it
is
Ingulfus
tels
us
that
seals
to
Deeds
were
of
Norman
originall
;
I
believe
his
intent
is
concerning
seals
of
Wax
anexed
or
affixed
unto
deeds
.
Lastly
,
The
conveyances
formerly
mentioned
concerned
Lands
and
goods
;
but
if
no
such
disposall
of
goods
were
,
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
severall
Nations
in
the
first
entrance
,
nor
from
the
Danes
or
Normans
in
their
survenue
;
not
onely
because
in
their
originall
they
all
breathed
one
ayre
of
the
laws
and
government
of
Greece
,
but
also
they
were
no
other
then
common
dictates
of
nature
refined
by
wise
men
,
which
challenge
a
kind
of
awe
in
the
sence
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
delaies
till
upon
experience
they
found
that
by
staying
a
little
longer
they
had
done
the
sooner
:
and
this
brought
forth
particular
times
of
exemption
,
Alfred
,
Aethelstan
,
Aetheldred
,
Edgar
,
Canutus
,
and
Edward
,
doe
manifest
;
yet
all
agreed
in
the
season
of
the
yeere
,
and
that
some
were
more
fit
for
holy
observation
then
others
.
And
thus
by
the
devotion
of
Princes
,
and
power
of
the
Clergy
,
the
foure
Terms
of
the
yeere
were
cut
out
for
course
of
law
in
the
Kings
Court
,
the
rest
of
the
yeere
being
left
vacant
for
the
exercise
and
maintenance
of
Husbandry
,
and
particular
callings
and
imployments
,
saving
that
even
in
those
times
the
Courts
of
the
County
and
Hundred
held
their
ancient
and
constant
course
,
Last
of
all
,
and
as
a
binding
law
unto
all
,
CHAP.
XLIII
.
An
Epilogue
to
the
Saxon
government
.
ANd
thus
farre
of
the
joynts
of
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
Common-weale
;
the
more
curious
lineaments
being
now
disfigured
by
time
;
afarre
off
it
seems
a
Monarchy
,
but
in
approach
discovers
more
of
a
Democracy
;
and
if
the
temper
of
a
body
may
appeare
by
the
prevailing
humour
towards
age
,
that
government
did
still
appeare
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
it
trenched
not
upon
the
fundamentall
law
of
the
peoples
liberty
.
The
worst
effect
it
had
was
upon
the
Church
in
the
decay
of
the
power
of
Religion
and
worship
of
God
.
For
after
much
toile
and
losse
both
of
sweat
and
blood
,
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
affaires
)
laid
aside
their
Paganisme
,
and
joyned
with
the
Clergy
;
and
as
their
converts
and
pupils
gained
not
onely
their
quiet
residence
,
but
the
favour
of
the
Clergy
to
make
triall
of
the
Throne
,
and
therein
served
the
Clergy
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
Tenis
the
Dane
and
Bishop
served
each
other
with
the
fond
Countrey
man
,
that
whether
Lord
Dane
or
Lord
Bishop
was
the
greater
burden
,
is
hard
to
be
determined
.
Thus
became
ambicious
Prelacy
in
its
full
glory
,
and
the
poore
Church
of
Christ
clouded
in
darknesse
,
and
little
hold
left
for
recovery
,
but
onely
by
the
liberty
of
the
Saxon
freeman
;
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
againe
after
the
halfe
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
customes
in
some
places
which
shew
rather
that
the
Danes
were
there
then
ruled
here
.
To
summe
up
all
.
The
Saxon
Commonweale
was
a
building
of
greatest
strength
downward
even
to
the
foundation
,
arched
together
both
for
peace
and
warre
,
That
by
the
law
of
Decenners
,
wherein
Justice
was
the
bond
,
this
by
their
armies
gathered
,
not
by
promiscuous
flocking
of
people
,
but
by
orderly
concurrance
of
families
,
It
was
a
beautifull
composure
,
mutually
dependant
in
every
part
from
the
Crown
to
the
cloune
,
the
Magistrates
being
all
choice
men
,
and
the
King
the
choicest
of
chosen
;
election
being
the
birth
of
esteem
,
and
that
of
merit
;
this
bred
love
and
mutuall
trust
,
which
made
them
as
corner-stones
,
pointed
forward
to
breake
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
Lawes
,
which
in
the
people
ruled
as
lex
loquens
,
and
in
the
Magistrate
as
lex
intelligens
;
all
of
them
being
grounded
on
the
wisdome
of
the
Greekes
and
Judicials
of
Moses
.
Thus
the
Saxons
became
somewhat
like
the
Jewes
,
divers
from
all
other
people
;
their
lawes
honourable
for
the
King
,
easie
for
the
subject
;
and
their
government
above
all
other
likest
unto
that
of
Christs
Kingdome
,
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
Farme
;
The
Britons
were
the
owners
,
the
Saxons
the
occupants
,
having
no
better
title
then
a
possession
upon
a
forcible
entry
,
with
a
continuando
for
the
space
of
foure
hundred
yeares
,
seldome
quiet
,
either
from
the
claime
and
disturbances
of
the
restlesse
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
civillized
;
that
in
one
Isle
the
glory
of
Gods
bounty
might
shine
forth
to
all
the
barbarisme
of
Europe
in
making
a
beautifull
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
peoples
;
but
after
some
distance
shewed
like
the
pillar
of
fire
,
clearing
Gods
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
causelesse
deserting
the
royall
stemme
:
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
himselfe
with
titles
,
which
were
too
many
to
make
one
good
claime
;
and
served
rather
to
busie
mens
minds
with
musing
,
whiles
he
catcheth
the
prey
,
then
settle
their
judgements
in
approving
of
his
way
.
First
,
he
was
cousin
german
to
the
Confessor
,
and
he
childlesse
:
and
thus
the
Duke
was
nigh
,
though
there
were
nigher
then
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
custome
,
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
himselfe
with
the
English
,
as
may
appeare
by
what
his
sonne
Henry
the
first
sets
forth
to
the
world
in
his
charter
whereby
he
advanced
the
Abby
of
Ely
into
the
degree
of
a
Bishoprick
,
and
wherein
amongst
his
other
titles
he
cals
himselfe
sonne
of
William
the
great
,
But
if
that
came
short
,
he
had
the
bequest
of
the
Confessor
,
who
had
designed
the
Duke
to
be
his
successor
;
and
this
was
confirmed
by
the
consent
of
the
Nobility
,
and
principally
of
Harold
himselfe
,
But
if
all
failed
,
yet
the
Duke
had
now
a
just
cause
of
quarrell
against
Harold
for
breach
of
oath
and
covenant
,
But
this
maske
soon
fell
off
by
the
death
of
Harold
,
and
the
Duke
must
now
explaine
himselfe
,
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
then
it
;
yet
as
soon
as
he
perceived
the
Crown
in
his
power
,
he
disputed
not
the
right
,
although
that
was
Edgars
,
but
possessed
himselfe
of
the
long
desired
prey
:
and
yet
he
did
it
in
a
mannerly
way
,
as
if
he
saw
in
it
somewhat
more
then
Gold
and
precious
stones
:
for
though
he
might
have
taken
it
by
ravishment
,
yet
he
chose
the
way
of
wooing
by
a
kind
of
mutuall
agreement
.
Thus
this
mighty
Conquerour
suffered
himselfe
to
be
conquered
,
and
stooping
under
the
law
of
a
Saxon
King
he
became
a
King
by
leave
:
wisely
foreseeing
that
a
title
gotten
by
election
is
more
certaine
then
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
doe
conclude
that
the
Dukes
way
and
title
was
wholy
by
conquest
,
and
thence
inferre
strange
aphorismes
of
state
destructive
to
the
government
of
this
Kingdome
.
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
then
the
Kings
thoughts
,
if
it
ever
entered
therein
;
else
wherefore
did
he
pretend
other
titles
to
the
world
?
But
because
it
may
be
thought
that
his
wisdome
would
not
suffer
him
to
pretend
what
he
intended
,
and
yet
in
practice
intended
not
at
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
questionlesse
was
the
same
with
that
of
the
Ancient
Saxon
Kings
;
for
he
was
crowned
in
the
Abbey
of
Westminster
by
the
Archbishop
of
Yorke
,
because
he
of
Canterbury
was
not
Canonicall
.
At
his
Coronation
he
made
a
solemne
covenant
to
observe
those
Laws
which
were
bonae
&
approbatae
&
antique
leges
Regni
,
Thus
entered
the
first
Norman
upon
the
Saxon
Throne
:
and
as
he
had
some
colour
of
right
to
countenance
his
course
,
William
Rufus
that
was
of
his
fathers
way
,
but
of
a
deeper
die
;
and
therefore
might
well
be
called
William
Rufus
,
or
William
in
grain
.
He
was
exceeding
happy
in
the
feare
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
passe
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
maintaine
.
The
Clergy
first
led
the
way
,
Exit
William
Rufus
,
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
severall
motions
.
Thirdly
,
the
laws
&
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
had
,
he
did
apply
it
and
himselfe
in
the
setling
of
the
Laws
by
advice
of
Common-councell
;
I
say
,
not
by
advice
of
his
own
heart
or
two
or
three
Norman
Lords
,
or
of
the
Norman
Nobility
onely
,
as
some
men
take
the
confidence
to
averre
,
as
if
they
had
been
eye-witnesses
to
the
actions
of
those
daies
:
but
by
the
joynt
advise
of
the
grand
Councell
of
the
Lords
and
wise
men
of
the
Kingdome
of
England
.
Secondly
,
that
this
Councell
had
power
to
change
laws
may
likewise
appeare
in
that
act
made
concerning
the
introduction
of
the
Canon
law
,
Thirdly
,
in
matters
of
generall
charge
upon
the
whole
body
of
the
people
the
King
used
also
the
helpe
of
this
grand
Councell
,
conventu
Episcoporum
atque
Laicorum
.
Lastly
,
that
one
Law
of
this
Kings
which
may
be
called
the
first
Magna
charta
in
the
Norman
times
,
by
which
the
King
reserved
to
himselfe
from
the
free
men
of
this
Kingdome
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
wilde
,
and
might
occasion
conceit
that
he
was
almost
a
mad
King
,
though
he
were
a
witty
man
;
&
therefore
it
s
the
lesse
marvell
if
he
used
not
the
help
of
the
Common
councell
more
then
needs
must
;
where
Kings
many
times
are
told
of
that
which
they
are
loth
to
know
.
Neverthelesse
William
the
second
could
not
passe
over
thirteen
yeeres
without
a
parley
with
his
Commons
and
Clergy
;
unlesse
he
meant
to
adventure
a
parley
between
them
and
his
brother
Robert
,
who
like
an
Eagle
eyed
his
posture
,
though
he
hovered
afar
of
.
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
himselfe
to
the
rule
of
an
English
King
,
viz.
to
winne
and
maintaine
the
good
opinion
of
the
people
by
consorting
together
with
them
under
one
Law
,
and
pledging
himselfe
thereto
by
taking
unto
wife
one
of
the
English
blood-royall
;
by
this
meanes
reseised
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
lesse
plannetary
then
that
of
either
of
his
predecessors
,
and
yet
we
finde
little
said
of
his
parley
with
his
people
in
a
Parliamentary
way
,
although
more
of
his
laws
then
of
any
of
his
predecessors
.
The
reason
will
rest
in
this
,
that
the
writers
of
those
times
touch
more
upon
matters
of
ordinary
then
politicall
observation
,
and
regarded
rather
the
thing
then
the
place
or
manner
how
.
The
Lawes
therefore
although
they
are
not
intituled
as
made
in
Parliament
,
yet
in
the
continuation
of
the
History
of
Bede
its
noted
that
the
King
renewed
or
confirmed
the
ancient
Laws
in
Concilio
peritorum
&
proborum
virorum
regni
Angliae
,
CHAP.
XLVII
.
Of
the
Franchise
of
the
Church
in
the
Normans
time
.
THe
Canon
law
that
ever
since
Austins
comming
like
Thunder
rumbled
in
the
cloud
,
now
breaks
forth
with
confusion
to
all
opposers
.
It
had
formerly
made
many
faire
proffers
of
service
to
this
Island
,
but
it
was
disaccepted
as
too
stately
to
serve
,
yet
by
often
curtesies
received
it
was
allowed
as
a
friend
a
farre
of
.
For
the
vast
body
of
the
Roman
Empire
like
a
body
wasting
with
age
,
died
upward
,
and
left
the
Britons
to
their
own
Laws
before
the
second
beast
was
grown
,
which
being
young
was
nourished
under
the
Imperiall
Law
of
the
first
beast
,
till
it
grew
as
strong
as
its
damme
,
and
began
to
prey
for
it selfe
.
The
Empire
perceiving
its
gray
haires
,
and
the
youthfull
courage
of
this
upstart
,
was
glad
to
enter
mutuall
league
with
it
,
the
one
to
maintain
the
Ecclesiasticall
Monarchy
of
the
other
,
and
that
the
Imperiall
Monarchy
of
the
former
;
and
so
became
the
Canon
and
Imperiall
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
Lyon
;
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
Imperiall
;
yet
allowing
it
to
serve
the
turne
:
and
so
the
professors
of
both
Laws
became
students
in
the
Civill
but
practisers
of
the
Canon
.
This
composition
thus
made
beyond
the
Seas
,
the
great
worke
was
how
to
transport
it
over
into
this
Isle
:
for
the
Emperours
could
intitle
the
Pope
to
no
power
here
,
because
none
he
had
.
Austin
the
Monke
undertakes
the
worke
;
he
offers
it
to
the
Britons
under
the
goodly
title
of
Universall
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
Bishops
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
yeeres
foregoing
in
the
negative
.
No
case
concerning
the
Regiment
of
soules
shall
be
brought
before
the
secular
Judge
.
The
Regiment
of
soules
was
a
common
place
sufficient
to
containe
any
thing
that
was
in
order
thereunto
:
and
so
every
one
that
hath
a
soule
must
be
no
more
responsall
unto
the
temporall
Judge
for
any
matter
concerning
it
,
but
unto
the
Ecclesiasticall
power
;
and
this
not
onely
in
case
of
scandall
,
as
against
the
morall
law
or
rule
of
faith
,
but
for
disobedience
done
to
the
Canons
,
made
afar
off
,
concerning
any
gesture
or
garbe
that
may
come
within
the
savour
of
an
Ecclesiasticall
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
triall
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
spirituall
Judge
.
And
thus
the
poore
Countreyman
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
implicite
faith
:
And
herein
the
providence
of
God
(
I
imagine
)
was
more
manifest
then
the
wisdome
of
man
,
which
was
too
weake
to
foresee
events
at
so
great
a
distance
;
For
questionlesse
it
was
a
point
of
excellent
wisdome
for
the
people
(
now
under
a
King
of
a
rugged
nature
that
would
not
sticke
to
catch
whatsoever
he
could
get
)
to
deposite
part
of
their
liberties
into
the
hands
of
the
Clergy
;
from
whom
moderation
might
be
expected
as
from
friends
and
neighbours
,
and
(
as
partners
in
one
ship
)
mutuall
engagement
to
withstand
the
waves
of
prerogative
of
Kings
that
seldome
rests
till
it
breaks
all
banks
,
and
sometimes
over-reaches
its
own
guard
,
and
cannot
return
when
it
would
.
And
thus
it
fell
out
;
for
many
times
the
Pope
and
Clergy
became
protectors
of
the
peoples
liberties
,
and
kept
them
safe
from
the
rage
of
Kings
,
untill
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
Clergy
gained
,
the
Crown
lost
,
and
no
moderation
would
be
allowed
.
For
the
conquering
King
was
scarce
warm
in
his
Throne
when
as
the
Pope
demanded
fealty
of
him
for
the
Crown
of
England
,
William
Rufus
,
which
though
Kings
had
courage
enough
to
deny
,
yet
it
shewed
plainly
that
the
Popes
meaned
no
lesse
game
then
Crown-glieke
with
the
King
and
people
,
the
Archbishops
and
Bishops
holding
the
Cards
for
the
Pope
,
while
in
the
interim
he
oversaw
all
.
The
Norman
Kings
thus
braved
,
payd
the
Popes
in
their
own
Coyne
,
and
refused
to
acknowledge
any
Pope
but
such
as
are
first
allowed
by
their
concurrance
.
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
its
true
were
generall
;
yet
their
sence
was
left
to
time
to
expound
,
and
the
course
of
succeeding
affaires
neverthelesse
passed
with
a
non
obstante
.
For
whereas
in
those
daies
the
Clergy
claimed
both
legislative
and
executory
power
in
Church
matters
,
the
Normans
would
allow
of
neither
,
but
claimed
both
as
of
right
belonging
to
the
Imperiall
power
of
this
Island
,
originally
and
onely
.
As
touching
the
legislative
power
,
its
evident
that
notwithstanding
the
Canon
that
had
long
before
this
time
voted
the
Laity
from
having
to
doe
with
Church
matters
;
yet
the
Norman
Kings
would
never
allow
to
the
Metropolitans
the
power
of
calling
Synods
nor
such
meetings
,
William
Rufus
would
not
allow
any
to
be
called
for
thirteen
yeeres
together
;
which
by
the
file
of
story
,
compared
with
that
Epistle
,
made
up
the
kings
whole
Reigne
.
And
this
was
questionlesse
the
cause
that
we
finde
so
little
touch
upon
Parliamentary
assemblies
in
the
Norman
times
,
Kings
being
too
high
to
be
controlled
,
and
Bishops
too
proud
to
obey
;
But
necessity
of
State
,
like
unto
fate
prevailes
against
all
other
interests
whatsoever
;
and
the
wisdome
of
Henry
the
first
in
this
prevailed
above
that
of
his
predecessors
,
as
farre
as
their
will
was
beyond
his
.
For
it
was
bootlesse
for
him
to
hold
out
against
the
Church
that
stood
in
need
of
all
sorts
to
confirme
to
him
that
which
common
right
(
as
then
it
was
taken
)
denied
him
;
and
therefore
(
though
it
cost
him
much
trouble
with
Anselme
)
he
recontinued
the
liberty
of
publique
consultations
,
and
yet
maintained
his
dignity
and
honour
seemly
well
.
I
shall
not
need
to
cleare
this
by
particulars
,
for
besides
the
publique
consultations
at
his
entrance
,
and
twice
after
that
,
for
supply
or
ayd
for
his
warres
,
and
the
marriage
of
his
daughter
with
the
Emperour
,
it
s
observed
that
the
Archbishop
of
Canterbury
summoned
a
Councell
at
Westminster
,
but
it
was
authoritate
Regia
,
and
that
there
assembled
magnae
multitudines
Clericorum
,
Laicorum
,
tam
divitum
quam
mediocrium
;
and
that
upon
the
third
day
the
debate
was
de
negotiis
saecularibus
nonnullis
:
The
issue
of
all
was
,
that
some
things
were
determinata
,
others
dilata
,
and
other
matters
propter
nimium
aestuantis
turbae
tumultum
ab
audientia
judicantium
profligata
.
Out
of
which
may
be
probably
concluded
,
1.
That
the
Laity
as
yet
were
present
in
Councels
with
the
Clergy
.
2.
That
they
were
all
in
one
place
.
3.
That
they
all
had
votes
,
and
that
the
major
mumber
concluded
the
matter
.
4.
That
certain
persons
used
to
determine
of
the
major
number
by
the
hearing
,
and
that
the
votes
were
still
clamore
non
calculis
.
5.
That
they
held
an
order
in
debating
of
affaires
,
viz.
on
some
daies
Ecclesiasticall
,
and
on
other
daies
secular
.
6.
That
all
matters
concluded
were
attested
by
the
King
,
who
as
t
is
said
,
did
give
his
consent
,
and
by
his
authority
did
grant
and
confirme
the
same
.
And
upon
the
whole
matter
it
will
be
probable
that
as
yet
Councels
,
and
those
now
called
Parliaments
differed
not
in
kind
,
although
possibly
there
might
be
difference
of
names
,
in
regard
that
some
might
be
immediately
and
mainly
occasioned
,
and
urged
by
Temporall
exigences
,
and
others
by
Ecclesiasticall
;
but
whether
Temporall
or
Ecclesiasticall
the
first
occasion
was
,
yet
in
their
meetings
they
handled
both
as
occasion
offered
it selfe
.
Secondly
,
as
the
Clergy
could
not
attaine
the
sole
legislative
power
,
so
neither
had
they
the
sole
juridicall
power
in
Ecclesisticall
causes
;
for
not
onely
in
case
of
errour
in
the
Ecclesiasticall
courts
was
an
appeale
reserved
to
the
Kings
court
,
as
formerly
in
the
Saxons
time
:
but
even
those
things
which
seemed
properly
of
Ecclesiasticall
cognisance
were
possessed
by
the
Kings
Court
in
the
first
instance
,
as
that
of
Peter-pence
,
which
was
a
Church-tribute
,
and
might
be
claimed
to
be
proper
the
Church
cognisance
much
rather
then
Tythes
;
and
yet
by
the
Law
of
this
Kingdome
in
the
Conquerours
time
it
is
especially
provided
,
de
facto
was
derived
to
them
from
the
Kings
,
who
also
invested
them
with
Staffe
and
Ring
;
nor
had
the
Pope
as
yet
(
though
he
had
conquered
the
Hierarchy
)
possessed
himselfe
of
their
colours
;
but
during
all
the
Norman
times
the
Kings
maintained
that
trophie
of
the
right
they
had
from
their
predecessors
,
notwithstanding
the
many
assaults
from
Rome
,
and
treacheries
of
the
Cathedrals
within
the
Realm
;
In
the
next
place
,
as
they
were
the
Kings
men
,
so
their
Bishopricks
and
Diocesses
were
under
the
Kings
power
to
order
,
as
by
the
advise
of
the
Bishops
and
Baronage
should
be
thought
most
convenient
;
either
to
endow
an
other
Bishop
with
part
thereof
and
so
to
make
two
Diocesses
of
one
,
Lastly
,
what
ever
the
first
intention
of
this
recited
Statute
were
,
it
may
probably
be
judged
,
that
it
was
but
a
noise
to
still
the
Clergy
;
and
that
it
never
had
more
then
a
livelesse
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
custome
in
his
time
used
,
potestatem
Regalem
mitius
tractandam
,
CHAP.
XLVIII
.
Of
the
severall
subservient
jurisdictions
by
Provinces
,
Marches
,
Counties
,
Hundreds
,
Burroughs
,
Lordships
,
and
Decennaries
.
HAd
the
Normans
owned
no
other
title
then
that
of
Conquest
,
doubtlesse
their
mother
wit
must
needs
have
taught
them
the
expediency
of
preserving
the
particular
subservient
jurisdictions
of
the
kingdome
,
intire
and
unquashed
,
if
they
regarded
either
the
benefit
of
their
conquest
,
or
reward
of
their
parteners
and
allies
;
unlesse
it
should
be
allowed
unto
Conquerous
,
to
be
more
honourable
for
them
to
doe
what
they
will
,
rather
then
what
is
meet
.
But
hereof
there
is
no
cause
of
queston
in
this
present
subject
:
for
nothing
is
more
cleare
then
that
Wales
enjoyed
in
the
Conquerours
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
peoples
under
conquest
,
and
their
Marches
in
freedome
;
or
to
preserve
them
in
good
neighbourhood
by
Marches
,
which
by
the
law
of
Conquest
were
made
one
:
so
was
it
no
lesse
vaine
if
all
had
been
once
subdued
by
conquest
,
to
have
raised
up
the
liberties
of
the
Marches
any
more
.
And
as
they
had
lesse
cause
to
have
invaded
the
bounds
and
ancient
limits
and
partitions
of
the
Counties
,
That
the
Bishops
,
Earles
,
and
chiefe
men
should
be
present
for
direction
.
2.
That
it
should
be
holden
once
each
moneth
.
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
remember
the
reader
of
,
in
terminis
,
but
referre
to
Mr
Seldens
own
pen.
The
occasion
was
this
:
Odo
the
Conquerours
halfe
brother
was
by
him
made
Earle
of
Kent
,
and
therewith
had
the
gift
of
a
large
Teritory
in
Kent
;
and
taking
advantage
of
the
Kings
displeasure
at
the
Archbishop
of
Canterbury
,
In
the
next
place
we
are
to
come
to
the
Hundred
Courts
,
This
Court
is
to
be
holden
once
in
each
moneth
;
and
no
suit
to
be
begun
in
the
Kings
Court
that
regularly
ought
to
begin
in
the
Hund
ed.
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
appeare
not
,
execution
shall
be
by
sale
of
the
distresse
,
and
the
complainant
shall
receive
satisfaction
.
But
by
the
latter
Laws
of
the
same
King
there
is
but
two
summons
allowed
,
and
then
two
distresses
;
As
touching
inferiour
Courts
of
Tows
and
Mannors
,
there
's
little
observation
to
be
had
,
Courts
of
Towns
and
Mannors
.
Ll.
Hen.
1.
c.
7.
being
of
too
private
a
regard
to
come
into
fame
in
those
rough
times
;
yet
in
Henry
the
firsts
Laws
its
ordered
that
Town
courts
should
meet
every
moneth
;
and
that
Lords
should
hold
Plees
either
in
their
own
persons
,
or
by
their
Stewards
,
and
that
the
chiefe
man
in
that
Parish
,
with
foure
other
of
the
chiefer
sort
,
and
the
Minister
or
Parish
Priest
should
joyn
their
assistance
in
that
worke
.
But
in
nothing
more
did
the
Norman
Kings
shew
their
paternall
love
to
the
Common-weale
,
Over
every
nine
persons
under
pledges
there
must
be
one
man
in
authority
.
View
of
free
pledges
must
be
to
see
that
the
Decennaries
be
full
;
and
if
any
be
departed
,
to
enquire
the
cause
:
and
if
any
be
come
in
,
whether
he
be
under
pledges
or
not
.
And
thus
the
Norman
Kings
had
their
people
under
treble
guard
:
one
of
fealty
,
the
other
of
association
,
and
the
third
that
of
pledges
;
and
all
little
enough
to
secure
that
which
they
in
their
own
consciences
might
have
some
cause
to
question
,
whether
it
belonged
to
them
or
not
.
CHAP.
XLIX
.
Of
the
immunities
of
the
Saxon
free
men
under
the
Norman
government
.
THe
freedom
of
an
English
man
consisteth
in
three
particulars
:
First
,
in
ownership
of
what
he
hath
.
Secondly
in
voting
any
Law
wherby
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
freedome
unto
each
mans
own
particular
,
besides
what
they
had
in
bodies
aggregate
,
may
appeare
,
as
followeth
:
The
free
men
of
England
were
such
as
either
joyned
in
the
warre
with
Harold
against
the
Normans
;
or
such
as
absented
themselves
from
the
way
of
opposition
or
enmity
,
and
were
either
waiting
upon
their
own
affaires
,
or
siding
with
the
Normans
:
and
questionlesse
all
the
sadnesse
of
the
warre
befell
the
first
sort
of
the
English
;
whose
persons
and
estates
(
to
make
the
waies
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
Soveraigne
Lord
,
whose
claim
was
by
title
,
as
hath
been
already
noted
.
The
other
sort
either
did
appeare
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
fundamentall
Law
,
whereby
is
granted
,
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
performe
.
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
Confessors
time
.
Under
the
word
Tax
is
understood
monetagium
commune
per
civitates
,
or
comitatus
;
so
as
aides
and
escuage
are
not
included
,
for
they
are
not
charged
upon
Counties
and
Cities
,
but
upon
Tenures
in
Knight-service
:
nor
was
Dane
grelt
hereby
taken
away
,
for
that
was
a
Tax
in
the
Confessors
time
,
and
granted
by
Parliament
.
So
then
the
Norman
Kings
claimed
no
other
right
in
the
lands
and
possessons
of
any
of
their
subjects
,
then
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-councell
of
our
whole
Kingdome
.
Two
things
more
must
be
added
,
though
somewhat
collaterall
to
this
purpose
.
Concerning
the
right
of
the
free
men
in
the
common
Mint
,
and
in
their
villains
.
Concerning
the
Mint
,
CHAP.
L.
A
recollection
of
certaine
Norman
Lawes
,
concerning
the
Crown
in
relation
to
those
of
the
Saxons
formerly
mentioned
.
I
Call
them
Norman
Lawes
because
they
were
allowed
by
them
or
continued
in
force
,
although
many
of
them
had
their
originall
from
the
Saxons
.
This
is
found
amongst
the
Laws
of
King
William
published
by
Mr
Selden
,
Peterpence
,
Ciricksceate
,
and
Tithes
,
must
be
duly
payd
.
These
are
all
Saxon
laws
united
to
the
cognisance
of
the
Crown
,
as
formerly
hath
been
shewed
:
Onely
the
first
William
especially
provided
,
that
in
case
any
man
worth
thirty
pence
in
chattels
did
pay
foure
pence
for
his
part
;
Invasion
upon
the
right
of
Sanctuary
fined
.
This
I
note
,
not
so
much
in
relation
to
any
such
law
amongst
the
Saxons
,
Working
upon
the
feast
daies
punished
by
fine
.
Before
this
time
no
daies
for
solemne
worship
of
God
were
acknowledged
by
the
law
of
the
Kingdom
,
but
the
Lords
daies
.
By
this
all
daies
celebrated
or
instituted
by
the
Church
for
that
purpose
are
defended
by
the
civill
power
,
and
breach
of
the
holy
observation
of
these
daies
made
inquirable
,
and
punished
amongst
other
pleas
of
the
Crown
.
This
was
the
ancient
Law
of
the
Saxons
,
and
was
continued
without
alteration
till
about
Alfreds
time
,
whose
zeale
against
blood
caused
murder
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
,
I
shall
conclude
this
subject
with
these
three
observations
:
First
,
that
the
Laws
in
those
ancient
times
of
the
Normans
were
so
generall
,
as
they
then
made
no
difference
between
places
or
persons
;
A
man
committing
adultery
with
a
married
woman
shall
forfeit
to
his
Lord
the
price
of
his
life
.
This
made
the
crime
inquirable
at
the
common
law
as
an
offence
contra
pacem
Domini
;
Force
upon
a
woman
,
to
the
intent
to
ravish
her
,
is
fineable
;
but
if
a
Rape
be
committed
,
The
Crimes
and
offences
against
this
Commandement
were
alwaies
punished
in
the
Temporall
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
.
The
different
Law
between
the
Saxons
,
Angles
and
Danes
,
now
by
the
Normans
is
setled
in
the
more
mercifull
way
;
and
in
case
the
delinquent
made
flight
,
the
pledge
satisfied
the
law
for
him
.
There
shall
be
true
weights
and
measures
throughout
the
Kingdome
,
and
those
shal
be
sealed
.
And
this
was
the
constant
Saxon
Law
.
Perjury
to
be
punished
by
fine
,
and
as
formerly
still
inquirable
amongst
the
Crown
pleas
.
CHAP.
LI.
The
like
of
Lawes
that
concerne
common
interest
of
Goods
.
IF
Cattell
be
taken
by
distresse
the
party
that
will
replery
them
shall
pay
for
the
returne
of
the
Cattell
,
This
Law
I
take
to
be
intended
where
the
Cattell
are
taken
dammage
faisant
;
because
nothing
shall
release
the
distresse
in
other
cases
,
but
obedience
to
the
summons
.
No
distresse
ad
comparendum
shall
be
taken
but
after
three
severall
summons
,
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
processe
,
and
partly
to
shew
the
difference
between
the
Norman
times
,
and
these
daies
wherein
mens
Cattell
lie
open
to
the
distresse
of
every
oppressing
or
extorting
Bailiffe
or
unknown
person
,
and
no
summons
made
at
all
,
whereby
many
poore
mens
estates
are
either
undone
,
or
they
must
submit
to
the
unjust
demands
of
their
adversary
.
No
manner
of
goods
of
above
foure
pence
in
valew
shall
be
bought
unlesse
in
the
presence
of
foure
witnesses
of
the
Town
.
No
living
Cattell
shall
be
sold
,
but
onely
in
Cities
,
No
faires
or
markets
shall
be
holden
,
but
onely
in
Cities
,
These
Lawes
concerning
sales
and
markets
were
ancient
Saxon
lawes
,
and
tend
all
to
the
avoyding
of
cheating
men
of
their
Cattell
by
surreptitious
sale
of
them
made
by
such
as
had
no
right
.
Goods
found
shall
be
published
by
the
finder
to
the
neighbourhood
;
The
children
of
persons
intestate
shall
equally
divide
the
heritage
.
This
is
in
terminis
the
Saxon
law
,
and
therefore
concerning
it
I
shall
referre
to
the
same
formerly
recited
;
onely
I
shall
adde
hereto
the
law
of
Henry
the
first
,
CHAP.
LII
.
Of
Laws
that
concerne
common
interest
of
Lands
.
THe
Laws
that
concerne
Lands
,
and
peculiarly
belonging
to
the
Normans
,
are
such
as
concerne
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
publique
person
of
all
:
so
were
his
donations
ordered
chiefly
to
advance
the
publique
service
;
and
in
this
regard
the
tenure
by
Knight
service
might
more
principally
challenge
the
Kings
regard
then
the
regard
of
all
the
great
men
besides
.
But
this
was
not
the
soare
,
yea
rather
it
was
the
beauty
and
strength
of
the
Kingdome
;
and
for
which
the
King
deserved
an
honorable
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
equall
unto
him
.
The
sore
that
caused
so
many
sighes
,
was
the
incumbrances
raised
upon
this
most
Noble
and
free
service
,
which
through
the
evill
of
times
by
this
meanes
became
the
most
burthensome
and
the
onely
loathed
and
abhorred
service
of
all
the
rest
.
I
say
through
the
evill
of
times
;
for
it
cannot
lodge
in
my
thoughts
but
in
the
Norman
times
the
incumbrances
were
nothing
so
great
as
of
latter
ages
,
and
that
much
hath
been
imputed
to
the
Lawes
of
the
Conquerour
,
which
they
never
deserved
,
as
may
appeare
in
these
particulars
,
which
the
Laws
of
Henry
the
first
have
preserved
in
memory
.
Tenant
of
the
King
or
other
Lord
dying
,
That
which
by
Law
is
due
is
set
down
in
the
laws
of
William
the
Conquerour
.
The
Reliefe
of
an
Earle
-
8.
Horses
sadled
and
bridled
.
-
4.
Helmets
.
-
4.
Cotes
of
Maile
.
-
4.
Shields
.
-
4.
Speares
.
-
4.
Swords
.
-
4.
Chasers
bridled
and
sadled
.
-
1.
Palfray
bridled
and
sadled
.
The
Reliefe
of
a
Baron
-
4.
Horses
with
Saddles
&
Bridles
.
-
2.
Helmets
.
-
2.
Cotes
of
Maile
.
-
2.
Sheilds
.
-
2.
Speares
.
-
2.
Swords
.
-
2.
Chasers
bridled
and
sadled
.
-
1.
Palfray
bridled
and
sadled
.
The
Reliefe
of
a
Vavasor
to
his
Lord
-
His
best
Horse
.
-
His
Helmet
.
-
His
Cote
of
Maile
.
-
His
Shield
.
-
His
Speare
.
-
His
Sword
.
-
Or
if
he
had
no
Armes
,
then
he
was
to
pay
s.
100
The
reliefe
of
the
Countrey
man
is
the
best
beast
that
is
in
his
possession
;
These
are
the
Reliefes
due
by
law
,
and
now
setled
in
goods
or
armes
,
but
afterwards
turned
into
money
;
and
its
likely
that
the
ill
customes
in
the
former
times
did
extort
both
money
and
armes
,
or
such
summes
of
money
as
they
pleased
;
and
by
the
very
words
of
the
law
it
seemes
they
had
brought
it
to
an
arbitrary
power
to
take
what
they
could
get
,
and
yet
all
against
Law
.
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
farre
as
to
declare
whether
the
man
intended
were
his
enemy
or
not
,
and
fit
to
performe
Knight
service
.
This
law
was
therefore
grounded
upon
the
present
distresse
of
affaires
,
wherein
the
nation
was
unsetled
,
and
common
right
having
established
a
mutuall
trust
between
Lord
and
Tenant
found
out
this
meanes
to
preserve
the
same
;
for
if
the
marriages
of
those
that
are
related
to
the
Tenant
in
such
manner
as
may
inherit
part
or
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
mutuall
trust
between
Lord
and
Tenant
must
faile
,
and
the
publique
receive
dammage
.
And
therefore
if
this
custome
were
of
Norman
birth
,
it
was
begotten
bpon
a
Saxon
law
,
and
might
the
rather
be
owned
by
the
English
.
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
custome
,
when
as
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
custome
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
worke
in
hand
to
disclaime
that
custome
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
appeare
hereafter
.
And
what
could
be
imagined
a
more
ready
way
to
stay
the
effusion
of
blood
,
and
all
other
unhappy
events
of
enmity
,
then
by
taking
away
enmity
it selfe
?
or
a
more
speedy
and
certaine
course
for
union
,
then
to
reduce
the
men
and
women
of
each
people
to
mutuall
society
,
and
to
seale
up
all
by
a
lasting
bond
of
marriage
?
or
greater
encouragement
for
the
comfortable
proceedings
therein
,
then
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
?
This
is
the
first
news
of
Wardships
,
that
passed
abroad
cum
privilegio
of
a
received
Law
,
which
together
with
the
former
declare
the
right
custome
of
the
Normans
,
Mirror
of
justice
saith
(
fo.
258.
Tenants
in
Knights
service
shall
hold
their
Lands
,
This
law
whither
it
be
a
renewing
of
a
former
custome
,
or
an
introduction
of
a
new
Law
,
it
s
cleare
it
was
upon
an
old
ground
:
That
Tenants
by
Knight
service
must
be
ready
for
the
service
of
their
Lord
,
and
defence
of
the
kingdome
,
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
Kingdome
,
which
must
be
conceived
to
be
for
the
publique
benefit
,
viz.
either
for
the
preparation
or
maintenance
of
publique
warre
;
for
in
such
cases
it
hath
been
in
all
times
held
unreasonable
that
those
whose
persons
are
imployed
to
serve
in
the
warres
should
hold
lands
doubly
charged
to
the
same
service
,
viz.
to
the
defraying
of
their
own
private
expences
in
the
warre
,
and
maintenance
of
the
publique
charge
of
the
same
war
besides
.
CHAP.
LIII
.
Of
divers
Lawes
made
concerning
the
execution
of
justice
.
ALthough
in
proceedings
in
cases
of
vindicative
justice
delinquents
might
seem
to
be
left
rather
to
the
fury
then
mercy
of
the
law
;
yet
so
long
as
men
are
under
the
law
,
and
not
without
the
law
,
it
hath
been
alwaies
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
lesse
tyranny
then
the
persecution
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
passe
but
upon
averment
of
the
complaint
by
accuser
or
witnesses
produced
.
Fine
and
pledges
shall
be
according
to
the
quantity
of
the
offence
.
By
these
two
laws
of
Henry
the
first
the
subjects
were
delivered
from
three
great
oppressions
:
first
,
in
making
them
offenders
without
complaint
or
witnesse
.
Secondly
,
in
imposing
immoderate
fines
.
Lastly
,
in
urging
extraordinary
baile
.
Forfeiture
of
fellons
Lands
is
reduced
to
a
yeere
and
a
day
.
The
Normans
had
reduced
the
Saxon
law
in
this
case
unto
their
own
last
,
which
stretched
their
desire
as
farre
as
the
estate
would
beare
;
but
this
being
so
prejudiciall
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
criminall
offences
manifested
by
act
punished
by
fine
or
mulct
.
This
by
Alfreds
law
was
punished
by
Talioes
law
,
Mainperners
are
not
to
be
punished
as
principals
,
unlesse
they
be
parties
or
privies
to
the
failing
of
the
principall
.
This
law
of
Henry
the
first
repealed
the
former
law
of
Canutus
,
which
must
be
acknowledged
to
be
rigorous
,
No
person
shall
be
imprisoned
for
committing
of
mortall
crime
unlesse
first
he
be
attainted
by
verdict
of
twelve
men
.
By
imprisonment
is
intended
close
imprisonment
,
or
imprisonment
without
baile
or
mainprise
;
for
otherwise
its
apparent
that
as
well
by
the
Saxon
as
Norman
laws
men
were
brought
to
triall
by
restraint
.
Appeales
of
murder
restrained
within
the
fourth
degree
.
Before
this
law
Appeales
were
brought
by
any
of
the
blood
or
kinne
of
the
party
slaine
;
Two
things
more
concerning
juridicall
proceedings
may
be
noted
,
the
one
concerning
speedy
course
of
justice
,
wherein
they
may
seem
to
justifie
the
Saxon
way
,
but
could
never
attaine
to
their
pace
,
in
regard
they
yeelded
so
much
time
to
Summons
,
Essoines
,
&c.
The
other
concernes
election
of
Judges
by
the
parties
;
for
this
we
finde
in
the
lawes
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
Councell
of
the
Kingdome
,
to
whom
it
belonged
to
establish
laws
for
the
government
of
the
kingdome
in
time
of
peace
.
And
this
will
appeare
in
the
preparation
for
warre
,
the
levying
of
warre
,
and
mannaging
thereof
after
its
levied
:
for
the
preparation
,
it
consisteth
in
leavying
men
and
munition
,
or
of
money
;
In
all
which
questionlesse
will
be
a
difference
between
raising
of
warre
by
a
King
to
revenge
a
personall
injury
done
to
the
Kings
own
person
,
and
a
warre
raised
by
the
whole
Kingdome
,
or
representative
body
thereof
,
which
is
commonly
done
in
defence
of
publique
interest
,
and
seldome
in
any
offensive
way
,
unlesse
in
recovery
of
a
right
of
possession
,
either
formerly
lost
,
or
as
yet
not
fully
setled
.
Now
although
it
be
true
that
seldome
do
injuries
reflect
upon
the
Kings
person
alone
,
but
that
the
Kingdom
will
be
concerned
therein
to
endeavour
a
remedy
;
yet
because
it
may
fall
out
otherwise
,
Kings
having
been
occasioned
to
leavy
war
of
their
own
accord
,
but
in
such
case
could
neither
compell
the
persons
of
his
subjects
or
their
estates
to
be
contributory
.
And
of
this
nature
I
take
the
warre
leavied
by
Harold
against
the
Conquerour
to
be
,
wherein
the
greatest
part
of
the
Kingdome
was
never
ingaged
,
nor
therefore
did
it
feele
the
dint
of
the
Conquerours
Sword
at
all
;
and
in
this
case
the
Militia
must
be
allowed
to
such
as
beare
the
purse
:
nor
can
it
be
concluded
to
be
the
Militia
of
the
Kingdome
,
nor
any
part
thereof
,
although
it
may
connive
thereat
.
But
to
set
this
consideration
aside
,
as
not
coincident
at
all
with
the
Norman
ingagements
after
they
were
crowned
,
and
to
take
all
the
subsequent
warres
to
be
meerly
defensive
of
the
right
of
the
Crown
,
as
in
sober
construction
they
will
appeare
to
be
:
as
touching
the
levying
of
money
,
its
evident
that
it
lay
onely
in
the
power
of
the
grand
Councell
of
the
Kingdome
;
for
otherwise
the
laws
were
setled
that
no
Tax
should
be
made
or
taken
,
but
such
as
were
due
in
the
Confessors
time
,
as
formerly
hath
been
shewed
.
Secondly
,
for
the
preparing
of
men
and
munition
,
it
was
done
either
by
tenure
or
by
speciall
law
;
as
touching
tenure
,
it
was
provided
by
way
of
contract
,
that
those
that
held
by
Knights
service
should
be
ready
with
their
Armes
to
assist
the
King
for
the
defence
of
the
Realme
:
So
as
they
were
not
bound
by
their
tenure
to
ayd
him
in
any
other
cases
.
de
facto
Kings
of
their
own
accord
,
and
by
secret
Councell
did
direct
therein
;
either
in
the
vacancy
of
Parliament
,
which
was
the
generall
case
of
the
first
times
of
the
Norman
Conquerour
,
and
the
whole
reigne
of
Willam
Rufus
;
or
by
connivance
of
the
grand
Councell
,
while
they
saw
nothing
done
but
what
was
well
done
.
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
suficiently
appeare
from
what
hath
been
already
noted
.
I
shall
make
one
step
further
,
and
shew
,
that
as
affaires
then
stood
with
the
Conquerour
,
it
was
impossible
for
him
to
merit
that
name
against
the
stream
of
providence
,
that
had
preingaged
him
to
three
sorts
of
men
,
viz.
the
Normans
,
the
Clergy
,
and
the
Commons
of
England
.
It
must
be
taken
for
a
ground
that
Duke
Willam
must
give
all
faire
correspondency
to
the
Normans
,
considering
they
are
members
of
his
own
body
,
and
the
arme
of
his
strength
,
without
which
he
could
doe
nothing
.
And
it
s
not
lesse
certaine
,
that
however
the
Sea
divided
the
two
Countries
,
yet
long
before
the
arrivall
of
the
Army
,
A
second
sort
of
men
that
made
the
King
uncapable
to
hold
by
conquest
was
the
Clergy
,
a
considerable
part
of
the
Kingdome
in
those
daies
,
when
as
in
every
Nation
they
grew
checkmate
;
and
in
this
Kingdome
had
well
nigh
the
one
halfe
of
the
Knights
fees
,
and
thereby
a
principall
part
of
the
strength
of
the
Kingdome
,
besides
the
consciences
of
them
all
;
and
for
a
reserve
they
had
the
Pope
in
the
reare
,
whose
power
in
every
Kingdome
was
little
inferiour
to
that
of
the
Kings
owne
,
and
therefore
sufficient
to
stop
an
absolute
conquest
,
unlesse
it
were
first
conquered
.
But
the
King
came
in
upon
great
disadvantages
in
both
these
regards
:
For
whereas
his
pretence
upon
his
entery
was
to
advance
justice
principally
toward
the
Clergy
,
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
Clergy
;
the
other
as
Judge
of
the
title
of
the
Crown
by
the
Kings
own
election
;
and
that
by
sentence
;
for
the
King
had
merited
of
him
,
if
not
to
hold
the
Crown
it selfe
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
doe
with
the
Church
then
will
stand
with
the
Popes
liking
,
unlesse
he
meaned
to
adventure
himselfe
and
all
he
had
into
the
danger
of
the
great
curse
,
of
which
the
King
would
seem
more
sensible
then
perhaps
he
was
.
Nor
were
those
times
of
the
Church
so
moderate
,
as
to
bring
forth
Churchmen
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
lesse
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
attaine
by
conquest
any
thing
in
this
Kingdome
,
wherein
the
Pope
or
Clergy
claimed
ought
to
have
or
doe
.
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
,
CHAP.
LVI
.
A
briefe
survey
of
the
sence
of
Writers
concerning
the
point
of
conquest
.
THe
clamours
in
story
that
the
Conquerour
altered
and
made
laws
at
pleasure
,
brought
in
new
customes
,
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
Kings
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
complaine
.
But
if
the
Reader
shall
apprehend
these
passages
in
Writers
to
be
no
other
then
sober
relations
,
then
were
it
not
amisse
to
consider
from
what
sort
of
men
these
complaints
or
relations
doe
proceed
,
viz.
from
Writers
that
have
been
cloystered
men
,
little
seen
in
affairs
of
State
more
then
by
common
report
and
rumour
;
prejudiced
by
the
Kings
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
misrelate
,
as
to
mistake
.
For
if
we
shall
touch
upon
particulars
,
I
thinke
no
man
will
deny
but
the
King
allowed
property
indifferently
,
as
well
to
Normans
as
English
,
if
the
premisses
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
speake
;
yet
all
might
be
deservedly
done
in
a
legall
way
,
and
in
execution
of
justice
,
whereof
Histories
are
not
altogether
silent
;
Neverthelesse
,
if
in
the
prosecution
the
King
did
shew
a
kind
of
rage
,
and
some
rashnesse
,
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
whirlpoole
of
affaires
.
But
the
change
of
laws
makes
the
greater
noise
;
wherein
what
change
they
suffered
,
may
appeare
from
the
premisses
,
if
Writers
have
delt
uprightly
;
Otherwise
generall
imputations
without
particular
instances
will
never
sway
opinion
contrary
to
the
currant
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
Councell
,
and
for
the
common
good
;
and
so
long
as
they
are
established
to
be
rules
for
government
.
I
remember
it
s
affirmed
by
some
of
those
ancient
Writers
,
that
the
Duke
or
King
would
have
brought
in
the
customes
of
Norwey
,
but
the
earnest
mediation
of
the
English
prevailed
against
it
;
and
it
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
Kingdome
,
they
could
not
prevaile
to
bring
in
the
whole
body
of
their
law
,
or
of
the
customes
of
Norwey
,
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
Kingdome
where
the
Danes
had
their
principall
seate
;
and
therefore
not
altogether
strange
to
the
Saxons
themselves
.
The
summe
of
which
will
be
this
,
that
upon
debate
a
law
must
be
setled
,
and
that
not
the
law
of
the
Conquerours
own
will
,
nor
the
law
that
suits
with
his
desire
;
but
the
ancient
law
of
the
Kingdome
:
and
therefore
if
at
any
time
the
unquietnesse
of
some
of
the
English
brought
the
King
to
some
thoughts
of
arbitrary
rule
,
and
to
shake
off
the
clog
of
Saxon
law
;
it
was
long
ere
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
customes
(
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
tooke
away
the
custome
of
Gavell
kinde
,
and
brought
the
custome
of
discent
to
the
eldest
sonne
;
and
that
Kent
saved
their
liberties
and
continued
this
custome
of
Gavell
kinde
;
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
meere
conceit
:
For
(
besides
what
hath
been
already
said
concerning
that
custome
of
Gavell
kind
)
if
we
believe
Glanvile
,
the
difference
was
between
Lands
holden
by
Knights
service
,
Nor
is
it
cleare
from
any
Authour
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
generall
regard
and
publique
use
,
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
forreigne
language
,
that
the
people
through
ignorance
might
the
rather
transgresse
,
and
thereby
forfeit
their
estates
This
(
if
true
)
so
far
differed
from
the
nature
of
a
Conquerour
,
as
rather
proveth
that
he
was
put
to
his
shifts
:
Neverthelesse
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
Conquerour
to
entitle
himselfe
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
continuall
view
of
publique
affaires
in
those
times
,
who
speaking
of
the
Conquerour
saith
,
That
he
commended
the
Confessors
laws
to
his
Justices
in
the
same
Language
wherein
they
were
wonted
formerly
to
be
written
,
Lastly
,
it
s
affirmed
that
the
Normans
did
impose
a
new
custome
called
Coverfeu
;
and
its
thought
by
some
to
be
a
meere
vassalage
,
that
every
man
at
the
noise
of
the
Bell
every
night
must
put
out
both
fire
and
Candle
;
and
yet
is
a
matter
of
so
small
concernment
,
that
(
of
being
in
its
own
nature
convenient
)
Scotland
received
it
without
such
coercion
;
and
can
be
reputed
for
no
other
then
a
seasonable
advice
,
which
any
Corporation
in
time
of
danger
might
order
within
their
own
Precinct
,
without
transgressing
the
liberty
of
the
subjects
.
Of
lesse
consequence
is
that
change
,
which
is
alledged
was
brought
in
by
the
Normans
in
the
sealing
of
Deeds
of
conveyance
,
by
seting
a
print
upon
Wax
annexed
to
the
Deed
,
which
formerly
was
wont
to
be
by
setting
a
print
upon
the
blanke
at
the
end
of
the
Deed
;
and
yet
it
s
looked
upon
by
some
as
a
trophee
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
,
Lawes
,
Tenures
,
Language
,
and
some
customes
,
we
come
to
that
which
is
the
maine
occasion
of
all
these
complaints
,
I
meane
unlawful
Taxes
,
afforstinges
,
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
)
being
under
continuall
occasion
of
expence
,
many
warres
,
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
outreach
their
bounds
,
and
sit
heavy
on
the
people
;
and
in
such
occasions
no
man
escaped
,
Norman
nor
English
,
Clergyman
nor
Layman
;
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
doe
them
right
,
they
were
not
alwaies
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
forbare
to
require
that
which
he
had
some
colour
to
demand
:
for
whereas
the
Daneguelt
was
left
unto
him
in
the
nature
of
an
annuity
,
he
was
contented
to
turne
it
into
a
summe
in
grosse
,
and
to
demand
it
onely
Cum
ab
exteris
gentibus
bella
vel
opiniones
bellorum
insurgebant
;
I
shall
conclude
this
Norman
discourse
with
this
advertisment
,
that
notwithstanding
the
words
Conquerour
and
Conquest
have
often
faln
from
my
Pen
,
and
hereafter
may
doe
the
like
,
yet
can
I
see
no
reason
why
divers
succeeding
Kings
comming
to
the
Crown
by
argument
of
the
Sword
,
and
not
by
right
of
descent
,
may
not
deserve
the
Laurell
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
Reignes
of
Steven
,
Henry
the
2.
Richard
the
1.
and
John
.
And
first
of
their
Titles
to
the
Crown
,
and
disposition
in
government
.
I
Have
cut
out
this
portion
of
one
hundred
twenty
and
five
yeeres
(
containing
the
reignes
of
these
Kings
)
apart
from
their
successors
,
in
regard
of
their
titles
;
all
of
them
being
under
one
generall
climate
,
and
breathing
one
ayre
of
election
,
and
compact
between
them
and
the
people
.
Now
was
the
issue
male
of
the
stocke
of
Normandy
quite
wasted
;
I
meane
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
happinesse
to
have
many
lineal
;
nor
to
hold
what
he
had
;
nor
of
them
all
was
there
left
above
one
that
might
pretend
to
the
Crown
,
and
it
a
daughter
,
who
was
the
great
Grandmother
to
all
the
succeeding
Kings
till
this
day
.
Onely
King
Steven
Quietly
,
said
I
?
that
I
must
retract
;
for
he
never
had
quiet
during
his
life
,
though
generally
was
victorious
,
and
did
as
much
as
a
King
could
doe
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
conditionall
and
eousque
;
and
yet
the
Kings
promises
were
absolute
,
and
better
observed
then
the
peoples
were
,
possibly
because
his
engagements
were
more
.
For
besides
his
protestations
,
the
King
pledged
his
brother
the
Legate
to
the
people
,
and
morgaged
himselfe
to
his
brother
;
and
to
boot
gave
both
to
the
Clergy
and
Barons
liberty
to
build
and
hold
Castles
for
their
private
security
:
the
issue
whereof
may
mind
,
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
befell
this
Kings
reigne
.
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
Empresse
was
:
for
as
the
Kings
engagements
were
in
their
first
heate
on
the
one
side
,
so
was
also
the
Empresses
choler
on
the
other
side
,
and
therefore
might
make
the
first
assault
;
and
the
Kings
first
successe
therein
falling
out
prosperously
for
him
,
conceited
him
that
he
was
strong
enough
to
encounter
his
own
Covenant
,
although
in
truth
he
invaded
but
the
skirts
thereof
;
I
meane
that
collaterall
security
of
Castles
:
for
by
experience
he
now
feeles
that
they
are
blocks
in
his
way
,
he
must
therefore
have
them
into
his
own
power
.
But
the
Clergy
are
loth
to
forgoe
their
pawn
till
they
had
their
full
bargaine
,
(
for
now
they
were
working
hard
for
investures
of
the
Mitred
Clergy
under
the
patronage
of
a
Legate
that
had
the
King
in
bonds
)
acted
their
parts
so
well
as
they
ingaged
the
Nobility
for
their
liberty
of
Castles
,
in
which
atchivement
the
King
was
taken
prisoner
.
The
Empresse
betakes
her selfe
to
the
Clergy
,
and
by
the
Legates
meanes
procures
a
kind
of
election
to
be
Queen
;
but
she
sicke
of
the
womans
humour
,
and
thinking
too
much
of
the
Empresse
,
and
too
little
of
the
Queen
;
and
forgetting
that
the
English
Crown
would
not
fit
an
Empresse
,
unlesse
she
could
fit
her
head
first
to
it
,
choked
her
owne
title
by
prerogative
,
and
so
let
the
Crown
slip
through
her
hands
,
which
fell
upon
the
head
of
Steven
againe
,
who
maintained
it
by
his
Sword
,
after
by
composition
,
and
then
died
a
King
;
and
thus
like
a
vapour
mounted
up
by
the
Clergy
,
tossed
by
tempests
for
a
time
,
and
at
length
falling
,
gave
way
to
the
Crown
to
have
its
free
course
to
the
Empresses
son
by
Geoffery
Plantagenet
.
This
was
Henry
the
second
,
Next
comes
in
Richard
the
first
,
Next
comes
in
King
John
The
generall
temper
of
his
government
sheweth
that
though
the
King
must
be
thought
sober
,
yet
the
man
was
mad
;
for
he
hauked
at
all
manner
of
game
,
France
,
Scotland
,
England
,
Laity
,
Clergy
,
spared
not
the
Pope
himselfe
,
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
faine
to
yoke
his
lawlesse
will
under
the
grand
charter
,
depose
his
Crown
at
the
Popes
foot
,
and
instead
of
a
King
became
little
better
then
a
chiefe
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
stirre
up
the
French
to
set
his
curse
on
worke
was
by
an
hidden
providence
conquered
in
the
middest
of
a
Royall
Army
,
without
view
of
enemy
,
or
other
weapon
then
a
meere
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
,
armes
himselfe
with
the
Popes
curse
,
and
the
Lords
themselves
with
the
French
mens
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
designe
before
it
was
ripe
;
and
in
the
conclusion
were
beaten
out
of
the
Kingdome
by
a
child
.
It
s
not
worth
inquiry
what
the
King
allowed
or
disallowed
;
for
it
was
his
course
to
repent
of
any
thing
done
contrary
to
his
present
sence
,
and
made
it
his
chiefe
principle
in
policy
to
have
no
principle
but
desire
;
wherein
he
triumphed
too
long
by
reason
of
the
contentions
between
the
Clergy
and
the
Laity
,
which
comming
nigh
unto
the
push
of
the
pike
,
and
the
King
ready
for
the
spoile
of
both
;
the
Barrons
and
Clergy
suddenly
close
their
files
,
and
like
a
stone-wall
stood
firm
to
each
other
till
the
King
wearied
with
successlesse
labour
was
glad
to
give
and
take
breath
,
CHAP.
LVIII
.
Of
the
state
of
the
Nobility
of
England
from
the
Conquest
,
and
during
the
reigne
of
these
severall
Kings
.
UNder
the
title
of
the
Nobility
of
England
I
shall
comprehend
all
such
as
are
of
the
greatest
eminency
for
birth
or
wisdome
and
learning
,
and
advancement
into
place
of
government
and
honour
.
These
were
in
the
Saxons
times
the
flower
of
the
people
,
flourishing
onely
from
the
honour
that
ascended
from
beneath
their
deportment
then
was
full
of
cheere
and
safety
to
the
people
:
after
that
royalty
sprung
up
,
the
influence
thereof
upon
them
exhaled
such
a
reciprocall
interest
backe
againe
as
made
them
lesse
regardfull
of
their
own
roote
.
Whereas
we
see
the
more
mature
flowers
are
the
more
propence
to
turne
head
and
looke
downward
to
their
own
originall
.
This
distemper
was
yet
much
worse
by
the
comming
in
of
the
Normans
,
whose
Nobility
,
besides
their
titles
of
honour
in
their
own
Country
,
obtained
by
custome
such
command
and
power
amongst
the
meaner
sort
,
being
souldiers
under
them
in
time
of
the
service
in
the
field
;
that
when
the
warres
had
breathed
out
their
last
,
neither
of
them
could
forget
or
were
very
carefull
to
lay
aside
.
This
was
observed
by
Kings
,
and
advantage
espied
to
clime
to
the
top
of
Monarchy
by
the
helpe
of
these
great
men
,
whom
if
they
could
make
their
own
,
all
would
be
theirs
;
and
wherein
they
had
prevailed
much
more
then
they
did
,
if
they
had
been
wise
enough
to
have
maintained
them
in
unity
;
but
in
that
failing
,
Kings
were
necessitated
to
take
parties
,
and
serve
the
Nobility
to
save
the
maine
:
and
thus
continued
they
a
considerable
party
in
the
gouernment
of
this
kingdome
from
the
Normans
for
the
space
of
two
hundred
yeeres
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
chiefe
Commanders
in
the
field
.
This
errour
of
Kings
was
soon
espied
,
but
could
not
be
avoyded
;
its
naturall
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
overtop
all
,
and
keep
them
under
;
nor
is
it
altogether
without
reason
,
for
Kings
are
no
ubiquitaries
,
and
some
must
beare
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
himselfe
that
is
a
King
;
and
where
kings
are
immoderate
in
bestowing
power
,
it
many
times
workes
much
woe
to
the
people
,
and
not
seldome
sorrow
to
the
Kings
themselves
.
The
place
of
the
chiefe
Justice
was
in
shew
but
one
Office
,
yet
in
these
times
was
in
nature
of
the
Kings
Lieutenant-generall
throughout
the
kingdome
.
A
power
and
worke
too
great
for
any
one
man
in
the
world
,
that
can
make
no
deputies
to
mannage
it
;
Comites
&
Barones
Regalis
Curiae
Angliae
adjudicaverunt
,
&c.
so
as
though
doubtlesse
many
were
absent
,
some
being
enemies
,
others
discontented
,
others
upon
other
occasions
,
yet
all
might
claime
their
votes
as
Barons
.
The
President
over
all
the
rest
was
the
chiefe
Justice
,
or
if
the
King
were
present
then
himselfe
;
and
by
him
was
the
sentence
or
judgement
declared
,
according
to
the
entry
in
the
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
Councels
,
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
juridicall
power
to
the
three
Courts
at
Westminster
,
viz.
the
Kings
bench
,
Common
pleas
,
and
Exchequer
;
saving
still
the
supreame
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
Clergy
,
and
their
power
in
this
Kingdome
from
the
Normans
time
.
IF
the
prerogative
of
Kings
prevailed
not
to
its
utmost
pitch
during
the
Normans
time
,
it
did
much
lesse
in
these
times
succeeding
,
wherein
the
Clergy
tooke
up
the
Bucklers
and
beate
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
Bondservant
;
and
they
might
have
any
thing
sobeit
they
would
suffer
him
to
enjoy
his
Crown
.
His
brother
the
Bishop
was
the
Popes
servant
,
the
Churchmens
patron
,
and
the
Kings
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
then
election
,
conscience
in
those
times
was
well
enough
satisfied
in
the
breach
of
covenant
on
their
part
;
where
on
the
Kings
part
it
was
first
broken
.
All
this
the
King
saw
full
well
;
and
therefore
what
can
he
deny
to
such
benefactors
?
Vacances
of
Churches
he
readily
parts
with
;
and
his
right
of
investure
of
the
Mitred
Clergy
he
dispensed
:
so
as
he
opened
the
way
to
his
successors
of
an
utter
dereliction
of
that
priviledge
.
He
sees
his
brother
the
Legate
deflower
the
Crown
of
England
by
maintaining
appeales
from
the
Courts
in
England
unto
the
Court
of
Rome
,
and
he
says
nothing
;
he
is
contented
with
the
stumpe
of
the
Crown
,
and
(
with
Saul
)
if
he
be
but
honoured
above
or
before
all
others
of
the
people
,
it
s
his
enough
:
But
the
Clergy
,
like
the
barren
wombe
hath
not
yet
enough
.
The
King
hath
allowed
them
Castles
,
and
too
late
he
sees
that
instead
of
being
defencas
against
the
Imperiall
power
of
the
Empresse
,
they
are
now
made
bulwarkes
against
the
lawfull
power
of
a
King
;
he
had
therefore
endeavoured
to
get
them
down
,
and
gotten
some
of
them
into
his
power
.
The
King
himselfe
is
now
summoned
to
answer
this
before
a
Legatine
councell
,
wherein
his
brother
is
President
:
that
was
a
bold
adventure
in
them
,
but
it
was
extreame
rashnesse
in
him
to
appeare
and
plead
the
cause
of
the
Crown
of
England
before
a
Conventicle
of
his
own
subjects
:
And
thus
to
secure
Rome
of
supremacy
in
appeales
,
he
suffers
a
recovery
thereof
against
his
own
person
in
a
court
of
Record
;
and
so
loses
himselfe
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
Empresse
perceiving
the
power
of
the
Clergy
,
betakes
her
case
to
them
now
assembled
in
Synod
;
they
now
proud
of
the
occasion
(
and
conceiting
that
both
Law
and
Gospell
were
now
under
their
decree
)
publish
that
the
election
of
the
King
belongeth
unto
them
,
and
by
them
the
Empresse
is
elected
Queen
in
open
Synod
,
Stevens
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
kings
return
unto
his
Throne
again
,
wherein
he
continued
a
friend
to
the
Clergy
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
preingagement
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
Clergy
,
and
the
advantages
lost
from
the
Crown
by
his
predecessor
:
and
to
regaine
these
he
smoothes
his
way
towards
these
braving
men
,
speaks
faire
,
proffers
faire
;
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
overspread
the
body
of
the
Clergy
in
those
daies
,
and
therefore
I
shall
summe
them
up
as
follows
:
Rights
of
Advousons
shall
be
determined
in
the
Kings
Court.
This
had
been
quarrelled
from
the
first
Normans
time
,
but
could
never
be
recovered
by
the
Clergy
.
Before
the
Normans
time
the
County
courts
had
them
,
and
there
they
were
determined
before
the
Bishop
and
Sheriffe
;
but
the
Ecclesiasticall
causes
being
reduced
to
Ecclesiasticall
Courts
,
and
the
Sheriffe
&
the
Laity
sequestred
from
intermedling
:
the
Normans
according
to
the
custome
in
their
own
Country
,
reduced
also
the
triall
of
rights
of
Advousons
unto
the
Supreame
courts
,
partly
because
the
Kings
title
was
much
concerned
therein
,
and
the
Norman
Lords
no
lesse
;
but
principally
in
regard
that
Rights
require
the
consideration
of
such
as
are
the
most
learned
in
the
Lawes
.
Rights
of
Tythes
of
a
Lay
fee
,
or
where
the
tenure
is
in
question
belong
to
the
Kings
court
.
Pleas
of
debts
by
troth-plight
belong
to
the
Kings
Court.
These
were
Saxon
Laws
,
and
do
intimate
that
it
was
the
indeavour
of
the
Clergy
to
get
the
sole
cognisance
of
Tythes
,
because
they
were
originally
their
dues
;
and
of
the
debts
by
troth-plight
,
because
that
oaths
seemed
to
relate
much
to
Religion
,
whereof
they
held
themselves
the
onely
professors
.
The
Kings
Justice
shall
reforme
errourrs
of
Ecclesiasticall
Courts
and
Crimes
of
Ecclesiasticall
person
.
Appeales
shall
be
from
Archdeacons
Courts
to
the
Bishops
Courts
and
thence
to
the
Archbishops
courts
,
and
thence
to
the
Kings
court
,
and
there
the
sentence
to
be
finall
.
No
man
that
ever
was
acquainted
with
antiquity
will
question
that
these
were
received
Laws
in
the
Saxons
time
;
The
King
shall
have
vacances
of
Churches
,
and
power
to
elect
by
his
secret
Councell
;
The
party
elected
shall
doe
homage
salvo
ordine
,
and
then
shall
be
consecrated
.
This
certainly
was
none
of
the
best
,
yet
it
was
a
custome
not
altogether
against
reason
,
although
not
suitable
to
opinion
of
many
;
yet
we
meet
two
alterations
of
the
ancient
custome
.
First
,
that
the
election
shall
be
by
the
King
and
secret
Councell
;
whereas
formerly
the
election
of
Bishops
and
Archbishops
was
of
such
publique
concernment
,
as
the
Parliament
tooke
cognisance
thereof
,
and
(
that
which
was
worse
)
a
Councell
was
hereby
allowed
,
called
a
secret
Councell
;
which
in
effect
is
a
Councell
to
serve
the
Kings
private
aimes
;
and
unto
this
Councell
power
given
in
the
ordering
of
the
publique
affaires
without
advice
of
the
publique
Councell
of
Lords
,
which
was
the
onely
Councell
of
state
in
former
times
;
and
thus
the
publique
affaires
are
made
to
correspond
with
the
Kings
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
,
unlesse
by
practise
in
Stevens
time
,
when
as
there
was
little
regard
of
the
one
or
the
other
:
Nor
doth
it
concurre
with
the
file
of
story
that
it
should
be
inserted
within
these
constitutions
,
No
Clergy
man
or
other
may
depart
the
Realm
without
the
Kings
licence
.
It
s
a
law
of
Nations
,
and
must
be
agreed
on
all
hands
,
that
no
reason
of
state
can
allow
dispensations
therein
,
especially
in
a
doubtfull
government
,
where
the
Supremacy
is
in
dispute
:
and
this
the
wilfull
Archbishop
never
questioned
till
he
questioned
all
authority
,
but
in
order
to
his
own
;
for
but
the
yeere
before
,
when
he
went
to
Turonn
to
the
generall
Councell
upon
summons
,
No
sentence
of
excommunication
or
interdiction
to
passe
against
the
Kings
tenant
or
any
minister
of
state
,
without
licence
first
had
of
the
King
,
or
his
chiefe
Iustice
in
the
Kings
absence
.
Till
the
Conquest
no
Excommunication
passed
without
warrant
of
Law
made
by
the
joynt
assembly
of
the
Laity
and
Clergy
;
but
the
Conquerour
having
let
loose
the
Canons
,
The
Laity
are
not
to
be
proceeded
against
in
Ecclesiasticall
Courts
,
but
upon
proofe
by
witnesses
in
the
presence
of
the
Bishop
:
and
where
no
witnesses
are
,
the
Sheriffe
shall
try
the
matter
by
Iury
in
the
presence
of
the
Bishop
.
A
negative
law
;
that
implieth
another
course
was
used
upon
light
fame
or
suspition
ex
officio
,
although
the
oath
at
that
time
was
not
borne
into
the
world
,
and
that
all
this
was
contrary
to
the
liberty
of
the
Subject
,
and
law
of
the
Land
:
and
it
intimates
a
ground
of
prohibition
in
all
such
cases
upon
the
common
law
;
which
also
was
the
ancient
course
in
the
Saxons
times
,
as
hath
been
formerly
noted
.
Excommunicated
persons
shall
be
compelled
onely
to
give
pledge
and
not
Oath
,
or
baile
to
stand
to
the
judgement
of
the
Church
.
Upon
the
taking
and
imprisoning
of
the
party
excommunicate
;
Persons
cited
,
and
making
default
,
may
be
interdicted
,
and
the
Kings
Officer
shall
compell
him
to
obey
.
If
the
Kings
Officer
make
default
,
he
shall
be
amerced
,
and
then
the
party
interdicted
may
be
excommunicated
.
So
as
the
processe
in
the
Spirituall
Courts
was
to
be
regulated
according
to
Law
:
nor
did
it
lie
in
the
power
of
such
Courts
to
order
their
own
way
,
or
to
scatter
the
censure
of
excommunication
according
to
their
own
liking
.
This
together
with
all
those
that
foregoe
,
the
Archbishop
upon
his
repentance
absolutely
withstood
,
all
though
he
had
twice
consented
and
once
subscribed
to
them
,
Clergy
men
holding
per
Baroniam
shall
doe
such
services
as
to
their
tenure
belong
,
and
shall
assist
in
the
Kings
Court
till
judgement
of
life
or
member
,
Two
things
are
hereby
manifest
:
First
,
that
notwithstanding
the
Conquerours
law
formerly
mentioned
,
Bishops
still
sate
as
Judges
in
the
Kings
courts
,
as
they
had
done
in
the
Saxon
times
,
but
it
was
upon
causes
that
meerly
concerned
the
Laity
;
so
as
the
Law
of
the
Conquerour
extended
onely
to
separate
the
Laity
out
of
the
Spirituall
Courts
,
and
not
the
Clergy
out
of
the
Lay
courts
.
Secondly
,
that
the
Clergy
especially
those
of
the
greater
sort
questioned
their
services
due
by
tenure
,
as
if
they
intended
neither
Lord
nor
King
,
but
the
Pope
onely
.
Doubtlesse
the
use
of
tenures
in
those
times
was
of
infinite
consequence
to
the
peace
of
the
kingdome
,
and
government
of
these
Kings
,
when
as
by
these
principally
not
onely
all
degrees
were
untied
and
made
dependant
from
the
Lord
paramont
to
the
Tenant
peravale
;
but
especially
the
Clergy
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
halfe
almost
of
the
people
in
England
being
absolutely
put
under
the
dominion
of
a
forraine
power
.
Sanctuary
shall
not
protect
forfeited
goods
,
nor
Clerks
convicted
or
confessed
.
This
was
Law
,
but
violence
did
both
now
and
afterwards
much
obliterate
it
.
Churches
holden
of
the
King
shall
not
be
aliened
with
out
Licence
.
It
was
an
ancient
Law
of
the
Saxons
,
that
no
Tenements
holden
by
service
could
be
aliened
without
licence
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
Churchmen
,
to
hold
their
Tenements
free
from
all
humane
service
,
which
the
King
withstood
.
Sons
of
the
Laity
shall
not
be
admitted
into
Monastery
without
the
Lords
consent
.
Upon
the
same
ground
with
the
former
:
for
the
Lord
had
not
only
right
in
his
tenant
,
which
could
not
be
aliened
without
his
consent
,
but
also
a
right
in
his
tenants
children
,
in
regard
they
in
time
might
by
descent
become
his
tenants
,
&
so
lie
under
the
same
ground
of
law
:
for
although
this
be
no
alienation
by
legall
purchase
,
yet
it
is
in
nature
of
the
same
relation
;
for
he
that
is
in
a
Monastery
is
dead
to
all
worldly
affaires
.
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
Captaine
Archbishop
Becket
withstood
the
rest
,
which
cost
him
his
life
in
the
conclusion
,
with
this
honourable
testimony
,
that
his
death
Samson
like
effected
more
then
his
life
;
for
the
maine
thing
of
all
the
rest
the
Pope
gained
to
be
friends
,
for
the
losse
of
so
great
a
stickler
in
the
Church
affaires
,
as
Becket
was
.
In
this
Tragedy
the
Pope
observing
how
the
English
Bishops
had
forsaken
their
Archbishop
,
espied
a
muse
through
which
all
the
game
of
the
Popedome
might
soon
escape
,
and
the
Pope
be
left
to
sit
upon
thornes
in
regard
of
his
authority
here
in
England
.
For
let
the
Metropolitane
of
all
England
be
a
sworne
servant
to
the
Metropolitane
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
conceale
their
counsels
.
-
4.
To
ayd
the
Roman
papacy
against
all
persons
.
-
5.
To
assist
the
Roman
Legate
.
-
6.
To
come
to
Synods
upon
Summons
.
-
7.
To
visit
Rome
once
every
three
yeeres
.
-
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
soules
unto
her
service
;
that
which
remaines
the
King
of
England
may
keepe
:
And
well
it
was
that
it
was
not
worse
,
This
was
too
much
for
so
brave
a
King
as
Henry
the
second
,
to
loose
to
the
scarcrow
power
of
Rome
:
yet
it
befell
him
as
many
great
spirits
that
favour
prevailes
more
with
them
then
feare
or
power
:
for
being
towards
his
last
times
worne
with
griefe
at
his
unnaturall
sonnes
;
a
shaddow
of
the
kindnesse
of
the
Popes
Legate
unto
him
wonne
that
which
the
Clergy
could
never
formerly
wrest
from
him
in
these
particulars
granted
by
him
:
No
Clerke
shall
answer
in
the
Lay
courts
,
but
onely
for
the
forest
,
and
their
Lay
fee.
This
savoured
more
of
curtesie
then
justice
,
and
therefore
we
finde
not
that
the
same
did
thrive
,
nor
did
continue
long
in
force
as
a
Law
,
although
the
claime
thereof
lasted
.
Vacances
shall
not
be
holden
in
the
Kings
hand
above
one
yeare
,
unlesse
upon
case
of
necessity
.
This
seemeth
to
passe
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
Kings
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
murders
.
To
prevent
this
evill
the
King
loth
to
enter
the
List
with
the
Clergy
about
too
many
matters
,
let
loose
the
law
of
feude
for
the
friends
of
the
party
slaine
to
take
revenge
;
and
this
cost
the
blood
of
many
Clerkes
:
the
Laity
happly
,
being
more
industrious
therein
then
otherwise
they
would
have
been
,
because
the
Ecclesiasticall
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
blood
.
Clergy
men
shall
not
be
holden
to
triall
by
battaile
.
It
was
an
ancient
Law
of
the
Saxons
,
and
either
by
neglect
worne
out
of
use
,
or
by
the
valour
of
the
Clergy
laid
aside
,
as
resolving
rather
to
adventure
their
own
blood
,
then
to
end
their
quarrell
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
Clerkslayers
,
they
are
faine
to
have
recourse
to
their
ancient
priviledge
.
Hitherto
therefore
its
manifest
the
Clergy
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
warre
;
and
being
gone
,
left
the
government
in
his
absence
so
deeply
intrusted
to
the
Clergy
,
as
they
could
loose
nothing
of
what
they
had
gained
,
unlesse
they
would
;
and
might
have
gained
much
more
then
they
did
or
should
;
had
not
the
Bishop
that
was
the
overseer
of
the
whole
Kingdom
being
drunken
with
vanity
,
and
spued
out
his
own
shame
.
However
the
successe
was
,
it
was
not
contrary
to
the
principles
of
those
times
:
for
Richard
had
experience
in
the
Emperor
Frederick
and
his
fathers
example
,
that
the
Pope
&
Clergy
were
too
hard
for
all
the
Potentates
in
Europe
,
and
therefore
might
most
safely
trust
them
with
all
he
had
at
home
,
whiles
he
was
in
their
service
abroad
.
Nor
were
they
short
of
what
was
intrusted
to
them
,
but
stook
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
doe
the
like
,
to
save
the
Kingdome
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
severall
atchievements
had
under
the
reignes
of
three
severall
Kings
successively
:
and
King
John
might
well
enough
have
understood
the
times
if
he
had
seriously
considered
them
;
but
being
heigthned
all
his
life
time
with
lawlesse
government
,
wherein
he
was
trained
up
in
Ireland
;
he
knew
not
how
to
stoop
till
he
stooped
so
low
as
the
Legates
knee
,
and
his
Crown
at
the
Popes
foot
;
leaving
an
example
to
posterity
to
beware
of
striving
with
the
Clergy
.
If
then
these
sparks
of
ambition
were
so
virulent
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
daies
effected
it
;
and
yet
about
Henry
the
seconds
time
it
may
be
supposed
the
thing
either
was
not
yet
done
,
or
so
lately
that
the
Law
was
not
cleare
in
that
point
;
for
Petrus
Blecensis
,
who
was
Archdeacon
of
Bath
about
those
times
,
in
his
Epistle
to
the
Archbishop
of
Yorke
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
Councell
of
Bishops
and
Lords
.
Neverthelesse
,
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
Clergy
wrought
more
upon
them
then
civility
it selfe
can
work
upon
professours
of
Religion
in
these
daies
.
CHAP.
LX.
Of
the
English
Commonalty
since
the
Normans
time
.
THe
dignity
of
the
English
Crown
thus
deflowred
by
the
great
men
was
no
losse
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
affaires
then
stood
in
the
Christian
world
the
Polititians
discourse
of
three
kinds
of
government
proved
idle
;
neither
could
Monarchy
,
Aristocracy
,
nor
Democracy
,
attaine
any
semblable
condition
in
any
place
so
long
as
the
Church
held
its
designe
apart
,
&
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
then
would
suit
with
the
ends
of
the
Churchmen
.
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
then
imposed
upon
them
;
and
generally
they
were
sparing
in
that
worke
;
and
it
s
noted
for
the
honour
of
King
Steven
,
that
though
he
was
seldome
without
warre
,
yet
he
not
onely
never
charged
the
people
with
any
tax
,
but
released
that
of
Daneguelt
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
doe
:
yet
finde
we
but
one
assessment
which
was
escuage
(
unlesse
for
the
holy
warre
)
which
was
more
the
Clergymens
then
his
.
Richard
was
yet
a
greater
burden
:
his
reigne
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
mannaged
by
such
ill
governours
(
except
the
Archbishop
of
Canterbury
)
and
was
unsuccesfull
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
speake
in
the
most
moderate
sence
of
his
government
)
being
given
over
to
himselfe
when
he
was
not
himselfe
,
robbed
the
Lords
of
their
authority
,
bereaved
the
Church
of
its
rights
,
trode
under
foot
the
liberties
of
the
people
,
wasted
his
own
Prerogative
;
and
having
brought
all
things
into
dispaire
,
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
regaine
,
and
Iohn
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
gaine
,
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
learne
,
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-weale
.
I
say
not
that
the
law
was
augmented
in
the
body
of
it
,
or
that
the
execution
had
a
freer
course
then
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
righteousnesse
:
for
the
first
whereof
we
are
beholding
to
Glanvile
in
Henry
the
seconds
time
;
and
for
the
latter
to
King
Iohn
,
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
Iohn
soon
repented
of
his
oath
(
the
bond
of
his
consent
)
and
to
heale
the
wound
,
got
the
Popes
pardon
and
blessing
thereupon
:
so
easie
a
thing
it
was
for
a
sonne
of
the
Roman
Church
to
passe
for
a
good
catholique
in
an
unrighteous
way
.
The
execution
of
the
Law
was
done
in
severall
Courts
according
to
the
severall
kinds
of
affaires
,
whereof
some
concerned
matters
of
crime
&
penalty
;
and
this
touched
the
Kings
honour
,
and
safety
of
the
persons
of
himselfe
and
his
subjects
;
and
therefore
are
said
to
be
contra
coronam
&
dignitatem
,
&c.
The
second
sort
concerne
the
profits
of
the
Crown
,
or
treasure
of
the
Kingdome
.
The
third
concerne
the
safety
of
the
estates
of
the
people
.
These
three
works
were
appointed
unto
three
severall
Courts
,
who
had
their
severall
Judges
especially
appointed
to
that
worke
.
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
severall
men
that
were
men
of
skil
in
such
affaires
,
and
yet
retained
the
Supremacy
in
all
such
causes
still
.
And
because
that
which
concerned
the
publique
treasure
was
of
more
publique
regard
then
the
other
,
the
deputation
thereof
was
committed
probably
to
some
of
their
own
members
,
Judex
fiscalis
,
Over
these
Courts
,
or
two
of
them
one
man
had
the
prime
title
of
chiefe
Justice
,
who
then
was
called
Lord
chiefe
Justice
of
England
,
and
whose
Office
was
much
of
the
nature
of
the
Kings
Lieutenant
in
all
causes
and
places
,
as
well
in
warre
as
peace
;
and
sometimes
was
appointed
to
one
part
of
the
Kingdome
,
and
by
reason
thereof
had
the
name
onely
of
that
part
,
and
some
other
of
the
other
parts
.
The
greatnesse
of
this
office
was
such
as
the
man
for
necessity
of
state
was
continually
resident
at
the
Court
,
and
by
this
means
the
Kings
court
was
much
attended
by
all
sorts
of
persons
,
which
proved
in
after
times
as
grievous
to
the
King
as
it
was
burdensome
to
the
people
.
Other
Judges
there
were
which
were
chosen
for
their
learning
and
experience
,
most
of
them
being
of
the
Clergy
,
as
were
also
the
under
Officers
of
those
courts
;
for
those
times
were
Romes
houre
and
the
power
of
darknesse
.
Other
Courts
also
were
in
the
countrey
,
and
were
Vicontiel
or
Cours
of
Sheriffs
and
Lords
of
Hundreds
and
corporations
,
and
Lordships
,
as
formerly
;
and
these
were
setled
in
some
place
;
Richard
Lucy
one
of
the
Justices
had
renounced
his
Office
and
betaken
himselfe
to
a
cloister
,
and
yet
was
neither
named
in
the
first
commission
nor
in
the
latter
;
nor
did
the
last
commission
continue
five
yeers
;
Ralph
Glanvile
removed
from
the
Northerne
circuit
to
that
of
Worcester
,
as
by
the
story
of
Sir
Gilbert
Plumpton
may
appeare
;
though
little
to
the
honour
of
the
justice
of
the
Kingdome
,
or
of
that
Judge
however
his
book
commended
him
to
posterity
.
I
take
it
upon
the
credit
of
the
reporter
,
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
cognisance
of
all
causes
both
concerning
the
Crown
and
common
pleas
;
and
amongst
those
of
the
Crown
this
onely
I
shall
note
that
all
manner
of
falshood
was
inquirable
by
those
Judges
which
after
came
to
be
much
invaded
by
the
Clergy
.
I
shall
say
no
more
of
this
,
but
that
in
their
originall
these
Iters
were
little
other
then
visitations
of
the
Countrey
by
the
grand
Councell
of
Lords
.
Nor
shall
I
adde
any
thing
concerning
the
Vicontiel
courts
and
other
inferiour
but
what
I
finde
in
Glanvile
:
that
though
robbery
belonged
to
the
Kings
court
,
contra
pacem
Domini
Regis
:
the
like
also
of
inferiour
trespasses
,
CHAP.
LXII
.
Of
certaine
Laws
of
Iudicature
in
the
time
of
Henry
the
second
.
ANd
hereof
I
shall
note
onely
a
few
as
well
touching
matters
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
finde
in
any
story
that
the
Saxon
Church
was
infested
with
any
Heresie
from
their
first
entrance
till
this
present
generation
.
The
first
and
last
Heresie
Another
case
we
meet
with
in
Henry
the
seconds
time
concerning
Apostacy
,
2.
Apostacy
.
Bracton
,
lib.
3.
cap.
9.
which
was
a
crime
that
as
it
seems
died
as
soon
as
it
was
born
;
for
besides
that
one
we
finde
no
second
thereto
in
all
the
file
of
English
story
.
The
particular
was
,
that
a
Clerke
had
renounced
his
baptisme
,
and
turned
Jew
;
and
for
this
was
convicted
by
a
councell
of
Bishops
at
Oxford
,
and
was
burned
.
So
as
we
have
Apostacy
punished
with
death
,
and
Heresie
with
a
punishment
that
proved
mortall
;
and
the
manner
of
conviction
of
both
by
a
councell
of
the
Clergy
,
and
delivered
over
to
the
Lay
power
,
who
certainly
proceeded
according
to
the
direction
of
the
Canon
,
or
advice
of
the
councell
.
These
(
if
no
more
)
were
sufficient
to
demonstrate
the
growing
power
of
the
Clergy
,
however
brave
the
King
was
against
all
his
enemies
in
the
field
.
Treason
Fellonies
,
This
was
the
law
derived
from
the
Normans
,
and
accordingly
was
the
direction
in
the
charge
given
to
the
Justices
itinerant
in
Henry
the
seconds
time
,
as
appeareth
in
Hoveden
.
But
treason
or
treachery
against
the
oath
,
fealty
,
Manslaughter
This
was
law
in
Henry
the
seconds
time
,
although
it
crossed
the
Norman
Law
;
Robbers
contra
pacem
Domini
Regis
,
as
riotous
and
forcible
entries
;
for
some
trespasses
were
against
the
peace
of
the
Sheriffe
,
as
formerly
hath
been
observed
.
Fauxonry
Inheritances
may
not
be
aliened
.
The
heire
of
a
free
man
shall
by
descent
be
in
such
seism
as
If
the
heire
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
withhold
seisin
the
Kings
Justice
shall
trie
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
triall
of
the
heires
right
by
Assize
of
Mortdancester
,
where
formerly
no
remedy
was
left
to
the
heire
,
but
a
Writ
of
right
.
If
these
three
branches
be
particularly
observed
,
they
speake
of
three
sorts
of
heires
,
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
doubtfull
age
.
Those
that
are
of
full
age
at
the
death
of
their
ancestors
may
possesse
the
lands
descended
,
and
the
Lord
may
not
disseise
him
thereof
;
but
may
be
resisted
by
the
heire
in
the
maintenance
of
his
possession
,
so
as
he
be
ready
to
pay
reliefe
,
and
doe
service
that
is
due
;
and
if
the
Lord
expell
him
he
shall
have
remedy
by
Assize
.
Those
heires
that
are
minors
shall
be
under
the
Lords
guardianship
till
they
come
to
one
and
twenty
yeeres
.
Tbe
heires
of
such
as
hold
by
soccage
are
said
to
be
at
full
age
at
fifteene
yeeres
,
because
at
that
age
they
were
thought
able
to
doe
that
service
:
but
the
sonnes
of
Burgesses
are
then
said
to
be
of
full
age
when
they
have
ability
to
mannage
their
fathers
calling
,
such
as
telling
of
money
,
measuring
of
cloath
,
and
the
like
:
yet
doth
not
Glanvile
or
any
other
say
that
these
were
their
full
age
to
all
purposes
;
albeit
that
some
Burroughs
at
this
day
hold
the
last
in
custome
to
all
intents
whatsoever
.
The
last
branch
provideth
the
remedy
to
recover
to
the
heire
his
possession
in
case
it
be
detained
,
either
through
doubtfulnesse
of
age
of
the
heire
,
or
his
title
;
and
it
directs
the
issue
to
be
tried
by
twelve
men
.
This
triall
some
have
thought
to
be
of
Glanvils
invention
;
and
it
may
well
be
that
this
triall
of
this
matter
as
thus
set
down
was
directed
by
him
;
yet
he
useth
often
in
his
booke
the
word
solet
,
and
in
his
preface
saith
,
that
he
will
set
down
frequentius
usitata
,
and
its
past
question
;
but
that
the
triall
by
twelve
men
was
much
more
ancient
,
as
hath
been
already
noted
.
One
thing
more
yet
remaineth
,
concerning
the
widdow
of
the
tenant
,
whose
dower
is
not
onely
provided
for
,
but
her
reasonable
part
of
her
husbands
personall
estate
.
The
originall
hereof
was
from
the
Normans
,
and
it
was
as
popular
as
that
of
Wardships
was
Regall
;
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
Kings
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
worke
,
which
formerly
belonged
to
the
County
courts
;
Justices
shall
doe
right
upon
the
Kings
writ
for
halfe
a
The
Justices
itinerant
ended
the
smaller
matters
in
their
circuits
,
the
other
were
reserved
to
the
King
in
his
bench
.
Justices
shall
inquire
of
Escheates
,
Lands
,
Churches
,
and
So
as
the
Judges
itinerant
had
the
worke
of
Escheators
;
and
made
their
circuits
serve
as
well
for
the
Kings
profit
as
Justice
to
the
subjects
.
They
used
also
to
take
fealty
of
the
people
to
the
King
at
one
certaine
time
of
the
yeere
,
and
to
demand
homage
also
.
These
matters
of
the
Kings
Exchequer
made
the
presence
of
the
Judges
lesse
acceptable
,
and
it
may
be
occasioned
some
kind
of
oppression
.
And
as
touching
Castleguard
,
it
was
a
tenure
in
great
use
in
these
bloody
times
,
and
yet
it
seemeth
they
used
to
take
rent
instead
of
the
personall
service
;
else
had
that
enquiry
(
how
much
?
)
been
improper
.
That
one
man
may
hold
severall
lands
of
severall
Lords
,
and
so
owe
service
to
them
all
is
so
common
,
as
nothing
can
be
more
:
neverthelesse
it
will
not
be
altogether
out
of
the
way
to
touch
somewhat
upon
the
nature
of
this
mutuall
relation
between
Lord
and
Tenant
in
generall
,
that
the
true
nature
of
the
diversity
may
more
fully
appeare
.
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
undertooke
to
performe
service
to
the
Lord
,
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
each
.
For
though
it
be
true
that
by
promise
of
being
the
Lords
man
,
a
generall
service
may
seem
to
be
implied
,
yet
in
regard
that
it
is
upon
occasion
onely
of
that
present
tenure
,
it
seemeth
to
me
that
it
is
to
be
restrained
onely
to
those
particular
services
which
belong
to
that
tenement
;
and
therefore
if
that
tenement
be
holden
in
soccage
,
although
the
tenant
be
bound
to
homage
,
yet
that
homage
ties
not
the
tenant
to
the
service
of
a
Knight
;
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
custome
of
the
ancient
times
,
I
must
suspend
my
concurrence
therewith
untill
those
ancient
times
be
defined
:
for
as
yet
I
finde
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
cetero
observetur
.
And
therefore
nothing
was
more
ordinary
then
for
Kings
in
these
times
as
much
as
in
them
did
lie
to
dispose
of
their
Crowns
by
their
last
Will.
Robert
,
England
to
William
;
and
to
Henry
his
mothers
lands
.
If
then
things
of
greatest
moment
under
Heaven
were
ordinarily
disposed
by
the
last
Will
,
was
it
then
probable
that
the
smaller
free
holds
should
be
of
too
high
esteem
to
be
credited
to
such
conveyances
?
I
would
not
be
mistaken
,
as
if
I
thought
that
Crowns
and
Empires
were
at
the
disposall
of
the
last
will
of
the
possessour
;
nor
doe
I
thinke
that
either
they
were
thus
in
this
Kingdome
,
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
vaine
.
CHAP.
LXIII
.
Of
the
Militia
of
this
Kingdome
during
the
reigne
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
Kings
person
and
honour
and
Kingdome
;
and
in
this
case
the
King
had
the
power
to
levy
the
force
of
the
Kingdome
,
neverthelesse
the
cause
was
still
under
the
cognisance
of
the
great
councell
,
so
farre
as
to
agree
or
disavow
the
warre
,
if
they
saw
cause
;
as
appeared
in
the
defections
of
the
Barons
in
the
quarrell
between
King
Steven
and
the
Empresse
,
and
between
King
John
and
his
Barrons
.
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
Armes
either
one
way
or
the
other
,
as
the
case
appeared
to
them
:
the
experience
whereof
the
Kings
from
time
to
time
felt
,
to
their
extreame
prejudice
,
and
the
Kingdoms
dammage
.
Nor
did
the
former
principle
oversway
the
latter
,
although
it
might
seem
more
considerable
,
but
onely
in
the
times
of
civill
peace
,
when
the
Lords
were
quiet
and
the
people
well
conceited
of
the
Kings
aimes
in
reference
to
the
publique
,
which
happinesse
it
was
Henry
the
seconds
lot
to
enjoy
;
for
he
being
a
Prince
eminent
amongst
Princes
both
for
endowments
of
mind
and
of
outward
estate
,
not
onely
gained
honour
abroad
,
but
much
more
amongst
his
own
people
at
home
,
who
saw
plainly
that
he
was
for
forraigne
imployment
of
honour
to
the
Kingdome
;
and
not
onely
contented
with
what
he
had
in
England
,
but
imbarked
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
then
they
or
their
ancestors
formerly
had
been
,
out
of
pretence
of
sudden
extreame
occasions
of
the
Kingdome
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
then
a
broken
reed
to
the
Crown
in
case
of
dispute
with
the
people
)
aimed
at
a
further
reach
then
the
Lords
or
Commons
foresaw
;
and
having
learned
a
tricke
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
leavying
of
men
and
Armes
for
the
warre
,
ad
fidem
Regis
&
Regni
still
left
a
muse
for
the
people
to
escape
,
if
they
were
called
out
against
their
duty
to
the
Kingdome
,
and
taught
the
doctrine
which
is
not
yet
repealed
,
viz.
That
what
is
not
according
to
their
faith
to
the
Kingdome
is
not
according
to
their
faith
to
the
King
;
and
therefore
they
could
finde
in
their
hearts
sometimes
to
sit
still
at
home
,
when
they
were
called
forth
to
warre
:
as
may
appeare
in
one
passage
in
the
daies
of
King
John
,
who
had
gathered
together
an
Army
for
the
opposing
of
forraine
power
,
at
such
time
as
the
Pope
had
done
his
worst
against
him
and
the
whole
Kingdome
;
which
Army
was
of
such
considerable
strength
,
as
I
believe
none
since
the
conquest
to
this
day
exceeded
or
paraleld
it
:
but
the
Kings
mean
submission
to
the
Popes
Legate
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
himselfe
against
the
Nobles
,
yet
the
Lords
comming
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
meade
,
which
though
in
it selfe
was
honourable
,
yet
lost
the
King
so
much
the
more
,
because
it
was
rather
gained
from
him
then
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
generall
view
of
the
disposition
of
their
government
.
ONe
hundred
and
ten
yeeres
more
I
have
together
taken
up
,
to
adde
a
period
to
this
first
part
of
discourse
concerning
English
government
;
principally
because
one
spirit
of
arbitrary
rule
from
King
Iohn
seemeth
to
breathe
throughout
the
whole
,
and
therewith
did
expire
.
The
first
that
presents
himselfe
is
Henry
the
third
,
begotten
by
King
Iohn
when
he
was
in
the
very
first
enterprize
of
oppression
that
occasioned
the
first
Barons
bloody
warres
,
and
which
this
King
was
so
miserable
as
to
continue
for
the
greatest
part
of
his
life
and
reigne
;
and
yet
so
happy
as
to
see
it
ended
about
four
yeeres
before
he
died
.
Although
the
soule
be
not
ingendered
from
the
parent
,
yet
the
temperature
of
the
body
of
the
child
doth
sometimes
so
attemper
the
motion
of
the
soule
,
that
there
is
in
the
child
the
very
image
of
the
fathers
mind
:
and
this
Henry
the
third
lively
expressed
,
being
so
like
unto
his
father
Iohn
in
his
worst
course
,
as
if
his
fathers
own
spirit
had
entered
into
him
,
and
animated
him
in
all
his
waies
.
He
brought
in
with
him
the
first
president
of
conscience
in
poynt
of
succession
by
inheritance
in
the
English
Throne
;
for
the
streame
of
probabilities
was
against
him
.
He
was
a
child
,
and
the
times
required
a
compleat
man
,
and
a
man
for
warre
:
He
was
the
child
of
King
Iohn
,
whose
demerits
of
the
State
were
now
fresh
in
the
minds
of
all
men
.
He
was
also
designed
to
the
Throne
by
his
fathers
last
Will
,
William
Briware
.
By
the
authority
of
God
omnipotent
,
of
the
Sonne
,
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
Martys
,
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
spoile
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
councell
,
by
crossing
in
part
or
whole
those
Ecclesiasticall
liberties
,
or
ancient
approved
customes
of
the
Kingdome
,
especially
the
liberties
and
free
customes
which
are
contained
in
the
Charters
of
the
common
liberties
of
England
,
and
the
Forrests
granted
by
our
Lord
the
King
to
the
Archbishops
,
Bishops
,
Prelates
,
Earles
,
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
customes
,
or
being
brought
in
have
observed
;
and
all
writers
of
Ordinances
or
Councels
,
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
daies
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
Seales
.
And
then
all
throwing
down
their
Tapers
extinguished
and
smoking
,
they
said
,
So
let
all
that
shall
goe
against
this
curse
be
extinct
,
and
stinke
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
anoinied
.
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
finde
a
parallell
hereunto
;
so
seriously
composed
,
solemnly
pronounced
,
with
an
Amen
from
the
representative
body
of
the
whole
Kingdome
,
put
in
writing
under
seale
,
preserved
to
posterity
;
vindicated
by
God
himselfe
in
the
ruin
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
Starre
strooke
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
forraine
Councellors
,
and
forraine
guards
,
contemnes
his
own
people
,
ushers
in
the
Popes
extortions
upon
them
to
fill
up
the
measure
;
thrives
in
nothing
but
in
the
match
of
his
sonne
and
successour
with
a
sister
of
Spaine
,
and
yet
that
also
helps
to
hasten
on
the
publque
poverty
,
and
that
a
Parliament
that
brought
forth
a
bloody
issue
;
although
not
by
any
naturall
power
,
but
occasionally
:
For
the
Barons
mean
now
no
longer
to
trust
to
promises
;
strangers
are
banished
the
Realme
,
and
others
of
the
English
blood
stepped
into
their
places
and
Revenues
.
But
this
was
not
all
,
the
King
must
confirme
the
grand
Charter
,
and
thereto
he
addeth
not
onely
his
own
oath
,
but
causeth
the
Prince
his
sonne
to
confirme
the
same
in
like
manner
.
It
is
likewise
propounded
to
him
that
the
chiefe
Officers
of
the
Kingdome
may
be
chosen
such
as
the
Parliament
shall
like
of
:
And
that
other
lawes
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
disarme
himselfe
,
For
Edward
the
first
being
trained
up
in
the
Tragedy
of
a
civill
warre
wherein
he
was
one
of
the
chiefe
actors
;
He
came
over
in
his
third
yeere
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
waies
,
the
people
otherwise
handled
then
they
ought
to
be
,
the
peace
ill
kept
,
the
laws
lesse
used
,
and
delinquents
lesse
punished
then
was
meet
;
and
in
the
sence
of
these
inconveniences
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
then
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
Clergy
,
and
therefore
delivered
the
last
law
in
a
petitionary
way
to
the
Clergy
,
because
it
concerned
the
execution
of
justice
in
prohibited
times
,
and
yet
bound
up
all
with
a
salvo
to
himselfe
and
his
prerogative
,
like
a
wise
King
that
would
neither
loose
right
,
nor
doe
wrong
;
nor
yet
stickle
to
debate
with
his
subjects
now
when
as
his
eye
was
upon
a
further
marke
.
inaudito
more
:
The
Welsh
chase
is
hotly
pursued
,
yet
it
did
not
rid
much
way
,
for
it
cost
the
English
a
voyage
of
nine
yeeres
travell
before
they
could
attaine
the
shore
although
it
had
been
often
within
their
view
.
It
may
be
the
King
found
it
advantagious
for
his
government
to
maintaine
an
Army
in
the
field
under
the
colour
of
the
Welsh
warre
,
that
he
might
more
bow
his
subjects
to
his
own
bent
;
for
during
these
warres
the
King
made
many
breathings
,
and
tooke
time
to
looke
to
the
husbanding
of
his
own
revenue
,
as
those
Ordinances
called
Extenta
manerii
,
and
Officium
coronatoris
doe
witnesse
,
and
the
Statute
of
Bigami
.
But
the
people
were
not
altogether
yet
tamed
;
for
the
times
being
still
in
warres
,
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
seising
his
own
he
swept
up
also
the
priviledges
and
liberties
of
his
subjects
;
Neverthelesse
however
debonaire
the
King
seemed
to
be
,
the
sore
between
him
and
his
subjects
was
not
fully
cured
;
nor
did
the
Lords
trust
him
further
then
needs
must
,
for
whether
they
served
in
the
field
or
met
at
councell
,
still
they
were
armed
;
and
during
this
daring
of
each
other
were
many
profitable
lawes
made
,
whiles
neither
party
durst
venture
bloodshed
in
touching
too
nigh
upon
the
priviledges
of
each
other
;
principally
because
the
affaires
in
Wales
were
but
laid
asleepe
,
and
upon
reviving
might
turne
the
ballance
to
either
side
.
The
wars
awake
againe
,
and
therein
are
consumed
nigh
five
yeeres
more
of
the
Kings
reigne
,
so
as
what
ever
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
himselfe
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
daies
,
&
at
the
same
time
also
he
arred
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
then
much
trusted
:
Albeit
he
was
put
upon
confidence
in
the
subjects
discretion
for
ayd
of
him
in
his
continuall
undertakings
;
nor
did
they
disclaime
him
herein
,
however
chargable
it
was
;
for
all
seem
willing
he
should
be
imployed
any
where
,
so
as
not
within
the
foure
Seas
.
It
s
probable
the
King
knew
it
,
and
therefore
having
made
a
voyage
into
France
he
changed
the
Scene
of
warre
,
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
ayd
papa
inconsulto
,
and
therefore
he
outs
them
from
his
protection
;
these
and
his
irregular
preparations
for
warre
by
summons
not
onely
of
his
Knights
,
but
all
other
that
held
Land
worth
20
li.
per
annum
,
Hocus
pocus
,
a
thing
to
still
the
people
for
the
present
,
and
serve
the
Kings
turne
,
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
successe
,
and
the
terrour
of
those
that
had
stopped
the
broad
way
of
his
extravigant
prerogative
;
and
therfore
looks
bigge
,
rubs
up
old
sores
,
and
(
having
his
Army
yet
in
the
field
)
sends
for
those
Lords
that
would
not
follow
him
in
his
warres
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
fatall
execration
which
he
feared
,
not
in
relation
to
Gods
anger
;
but
rather
to
the
exasperated
Clergy
,
and
the
dread
of
the
Popes
direfull
thunderbolt
.
To
avoyd
this
storm
he
procures
a
dispensation
from
Rome
to
perjure
and
oppresse
without
sinne
.
A
tricke
that
he
learned
of
his
father
,
and
hid
it
within
his
breast
till
now
about
two
yeeres
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
neverthelesse
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
faire
to
his
people
,
for
Scotland
he
goes
.
Thus
if
all
were
not
in
a
parenthesis
the
King
intended
a
good
period
,
but
God
onely
knowes
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
sonne
Edward
should
have
compleated
it
,
but
that
he
wanted
his
fathers
sence
,
and
had
too
much
of
his
grandfathers
superbient
humour
,
that
meeting
with
a
stiffe
spirit
,
and
a
weak
mind
brought
sudden
fire
into
the
course
of
government
till
it
consumed
it selfe
in
its
own
flame
.
For
this
King
having
newly
slipt
out
of
a
bondage
of
wise
government
under
his
father
,
ranne
the
wilde
chase
after
rash
desires
,
spending
his
former
time
in
inordinate
love
,
and
his
later
time
upon
revengefull
anger
,
little
inferiour
to
rage
,
and
so
in
his
whole
government
was
scarce
his
own
man
.
His
love
was
a
president
of
a
strange
nature
,
that
commanded
him
from
all
the
contentments
of
his
Kingdome
to
serve
one
man
,
a
stranger
,
and
prostitute
to
all
manner
of
licentiousnesse
;
meerely
for
some
personall
endowments
.
It
shews
that
his
judgement
was
weak
,
and
his
affections
strong
;
and
in
that
more
weake
,
because
he
discovered
it
before
he
was
crowned
:
like
some
of
the
weakest
of
the
weaker
sex
,
the
birth
of
whose
minds
are
borne
as
soon
as
they
are
conceived
,
and
speake
as
soon
as
they
are
borne
.
It
s
true
that
bravery
of
Spirit
may
worke
after
absolutenesse
in
Kings
under
the
colour
of
some
kind
of
wisdome
.
But
it
is
one
thing
to
rule
without
law
,
and
another
to
live
without
rule
;
the
one
dashes
against
the
law
of
an
English
King
,
and
may
put
on
the
name
of
policy
,
but
the
other
destroyes
the
law
of
mankind
,
and
can
beare
no
better
name
then
of
brutish
desire
.
All
the
while
Gaveston
was
in
view
we
finde
nothing
concerning
common
weale
or
monument
of
Parliament
,
saving
two
Ordinances
made
by
the
King
and
such
Lords
as
suted
to
the
Kings
way
rather
then
to
his
wants
.
de
militibus
,
the
other
de
frangentibus
prisonam
;
for
all
the
Kings
labour
was
to
royallize
Gaveston
into
as
high
a
pitch
as
he
could
,
and
so
to
amaze
his
own
eye
sight
with
contemplating
the
goodlinesse
of
his
person
.
So
as
Gaveston
is
become
the
image
of
the
King
,
and
presents
his
beames
and
influence
into
all
parts
of
the
Kingdom
,
and
according
to
his
aspect
they
often
change
and
waine
,
&
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
then
that
their
King
might
shine
in
his
proper
glory
.
Thrice
is
Gaveston
banished
,
thrice
he
returnes
;
the
last
occasioned
another
civill
warre
,
wherein
Gaveston
lost
his
head
;
thus
the
Lords
removed
the
eclipse
,
but
(
little
the
better
thereby
)
they
finde
it
a
vaine
labour
to
compell
the
Sunne
to
shine
by
force
when
it
hath
no
light
.
Though
Gaveston
be
gone
,
the
mist
of
forraine
councels
prevaile
;
this
was
bred
in
the
blood
,
fed
with
blood
,
and
ended
in
blood
.
Through
the
glasse
of
forraine
Councels
all
things
seem
of
forraine
colour
;
the
King
to
the
people
,
and
the
people
to
him
.
The
King
at
length
begins
to
see
himselfe
undervalued
,
and
that
it
began
in
himselfe
,
ventures
himselfe
into
the
warres
with
Scotland
to
win
honour
;
goes
with
much
splendour
,
but
returns
with
the
greatest
blot
that
ever
English
King
suffered
,
confounded
abroad
,
and
sleighted
at
home
.
For
the
bravest
men
by
ill
successe
are
lost
in
common
opinion
:
or
,
to
speake
in
a
higher
strain
,
where
God
doth
not
blesse
,
man
will
not
.
The
King
thus
almost
annihilated
,
catches
hold
of
Rome
,
fawnes
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
caresse
the
Commons
made
the
Statute
de
vice-committibus
,
and
the
City
of
London
likewise
by
the
statute
de
Gavelletto
.
But
God
saw
all
sorts
of
men
runne
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
kinde
of
sobriety
into
affaires
,
made
all
sorts
tame
,
and
for
the
present
onely
prepared
them
for
better
times
.
For
the
Kings
time
of
longing
,
againe
is
come
,
and
he
must
have
new
playfellows
;
findes
the
Spencers
,
or
rather
was
found
of
them
;
they
grow
in
honour
almost
beyond
the
reach
of
the
Nobles
,
but
not
beyond
their
envie
;
and
are
more
secure
then
Gaveston
in
this
,
that
in
their
first
sprouting
the
Kings
Councell
served
himselfe
and
them
to
keepe
in
with
the
Commons
by
making
good
lawes
;
such
as
the
Statutes
at
Yorke
,
of
Essoines
;
Attaints
of
Jurors
,
Leavying
of
fines
;
and
Estreates
into
the
Exchequer
,
&c.
all
of
them
promising
good
government
.
The
Barons
neverthelesse
like
not
the
Spencers
greatnesse
,
and
being
by
severall
occasions
exasperated
,
joyne
in
one
,
and
occasion
a
new
warre
;
the
King
aided
by
the
Commons
(
who
yet
thought
better
of
the
King
then
of
the
Barons
,
whom
they
saw
prejudiced
rather
out
of
selfe-apprehensions
,
then
the
publique
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
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
Kings
heart
as
they
could
not
spare
any
part
thereof
to
the
Queen
,
and
she
being
as
loath
to
spare
so
much
for
them
as
they
had
,
retired
with
the
Prince
to
a
reliefe
which
they
brought
from
beyond
Sea
,
and
with
whom
both
Lords
and
Commons
joyn
.
The
favourites
missing
of
their
wonted
wings
come
down
faster
then
they
ascended
,
and
together
with
them
the
King
himselfe
,
all
of
them
irrecoverably
.
Thus
favourites
instead
of
Cement
between
Prince
and
people
becomming
rocks
of
offence
,
bring
ruine
sometimes
to
all
,
but
alwaies
to
themselves
.
The
King
foresaw
the
storme
,
and
thought
it
safest
first
to
cry
truce
with
the
people
,
and
come
to
agreement
with
them
by
common
consent
,
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
weaknesse
or
power
of
these
Kings
,
of
whom
the
first
and
last
had
little
to
ground
upon
but
their
own
will
;
and
the
other
,
I
meane
Edward
the
first
,
had
more
wisdome
and
power
,
but
was
otherwaies
distracted
by
forraine
and
more
urgent
imployments
;
so
as
the
worke
fainted
before
it
came
to
its
full
period
.
The
contest
was
between
the
King
and
Barons
,
who
till
those
daies
were
rather
the
great
and
richer
sort
of
men
,
then
Peeres
,
although
they
also
were
of
the
number
.
I
am
not
so
sharpe
sighted
as
to
reach
the
utmost
intentions
of
the
Lords
;
but
their
pretences
are
of
such
publique
nature
,
as
its
plaine
that
if
their
private
interest
was
wrapped
up
therein
,
they
were
inseparable
:
and
I
shall
never
quarrell
the
Lords
aime
at
private
respects
,
whenas
its
plaine
the
publique
was
so
importantly
concerned
;
and
yet
I
will
not
justifie
all
that
I
finde
written
concerning
their
words
and
Actions
.
I
will
neither
render
up
my
Castle
,
nor
depart
the
Kingdome
,
but
by
the
judgement
of
the
Peeres
:
and
of
Simon
the
E.
of
Leicester
to
the
same
King
,
That
he
lied
,
and
were
he
not
a
King
the
Earle
would
make
him
repent
his
word
:
and
of
the
Lords
that
they
would
drive
the
King
out
of
his
Kingdome
,
and
elect
another
:
and
of
the
E.
Marshall
to
Edward
the
first
,
that
he
would
neither
goe
into
Gascoine
nor
hang
;
&
such
other
doe
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
alay
,
if
the
generall
rudenesse
of
the
time
,
the
Kings
injurious
provocations
,
and
the
passions
of
colerick
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
kingdome
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
councels
to
conforme
to
the
laws
;
and
in
maintaining
that
trust
that
was
reposed
in
them
in
keeping
off
such
sinister
councels
and
invasions
as
might
violate
the
laws
and
liberties
,
or
hinder
the
currant
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
originall
was
Democraticall
mixt
with
an
Aristocracy
(
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
forraine
parts
,
and
came
over
hither
,
they
came
in
a
warlike
manner
,
under
one
conducter
whom
they
called
a
King
;
whose
power
,
whatever
in
the
warre
,
yet
in
time
of
peace
was
not
of
that
heigth
as
to
rule
alone
;
I
meane
that
whereas
the
Lords
formerly
had
the
principall
executory
power
of
lawes
setled
in
them
,
they
never
were
absolutely
devested
of
that
power
by
the
accesse
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
concurre
the
people
generally
sided
with
the
Lords
,
and
so
in
conclusion
the
King
suffered
in
the
quarrell
.
From
this
ground
did
arise
from
time
to
time
the
wanderings
of
the
people
in
electing
and
deposing
their
Kings
during
the
Saxon
times
.
Nor
did
nor
could
the
Norman
Williams
shake
off
this
copartnership
,
but
were
many
times
,
as
well
as
other
ensuing
Princes
,
perswaded
against
their
own
minds
and
plotted
desires
.
Nor
can
it
otherwaies
be
supposed
where
Councels
are
setled
;
for
whereto
serve
they
,
if
(
notwithstanding
them
)
the
King
may
go
the
way
of
his
inordinate
desire
?
If
the
Lords
then
did
appeare
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
s
noised
,
for
them
who
are
equally
if
not
more
intrusted
with
the
Common-wealth
then
the
King
(
by
how
much
the
Councellors
are
trusted
more
then
the
councelled
)
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
warre
.
It
s
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
adde
to
what
hath
been
already
said
,
first
,
that
Knight
service
was
for
the
defence
of
the
kingdome
principally
.
Secondly
,
that
the
greatest
power
of
Knight
service
rested
with
the
Lords
,
not
onely
in
propriety
and
ownership
,
but
in
point
of
direction
for
the
benefit
of
the
Common-wealth
;
and
lastly
,
that
the
state
of
the
times
now
was
such
as
the
kingdome
was
oppressed
by
strangers
counsels
,
and
the
Councels
of
the
kingdome
rejected
;
that
instead
of
law
,
garisons
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
principall
instrument
,
who
had
ruled
and
over-ruled
in
this
manner
,
and
so
was
resolved
to
continue
;
I
shall
leave
it
to
the
better
judgment
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
then
was
in
those
times
practised
:
And
yet
there
was
a
difference
also
in
the
occasions
of
warre
,
for
certainly
that
last
warre
with
Edward
the
second
was
more
fatall
,
and
yet
lesse
warrantable
;
and
in
the
issue
declared
that
there
was
more
of
the
Queene
therein
then
of
the
Lords
,
who
knew
a
way
of
removing
favourites
from
the
King
,
without
removing
the
King
from
the
kingdome
,
or
driving
him
out
of
the
world
.
In
all
which
neverthelesse
it
cannot
be
concluded
that
the
Lords
party
was
increased
more
then
in
the
former
Kings
times
;
for
the
losse
of
the
field
in
Henry
the
thirds
time
against
the
Prince
,
kept
them
in
awe
all
the
succeeding
reigne
(
although
they
were
not
then
tongue
tied
)
and
their
second
losse
against
Edward
the
second
,
which
was
yet
more
sharpe
,
questionlesse
quelled
their
spirits
(
although
they
lost
no
right
thereby
)
and
increased
the
Kings
party
much
by
the
accesse
to
the
Crowne
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
seconds
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
of
service
,
nor
oath
of
fealty
,
nor
promises
,
nor
lawes
,
nor
other
ingagements
;
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
doe
,
when
his
person
is
despised
;
and
so
vaine
for
him
to
trust
in
his
Militia
,
that
hath
already
disarmed
himselfe
of
the
hearts
of
his
Subjects
.
The
summe
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
bloods
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
s
not
my
worke
to
censure
neither
by
the
ballance
of
Law
or
Gospell
,
but
leave
it
as
a
sore
time
,
that
scarce
will
indure
touch
;
nor
beare
a
King
further
then
he
was
good
or
brave
.
CHAP.
LXVI
.
Of
the
state
of
the
English
Clergy
untill
the
time
of
Edward
the
third
:
and
herein
concerning
the
Statute
of
Circumspecte
agatis
,
Articuli
Cleri
,
and
of
generall
Councels
and
nationall
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
affaires
,
that
it
may
like
the
sole
Empresse
command
all
,
and
be
controlled
by
none
;
and
this
wrought
some
stirrings
in
France
,
complainings
in
England
,
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
doe
to
the
end
that
it
may
more
plainly
appeare
what
the
Churchmens
Idea
was
,
and
how
farre
the
common
law
and
Kings
prerogative
would
agree
thereto
.
The
complaints
are
of
this
natures
1.
That
the
Church-possessions
in
their
vacances
are
wasted
,
and
that
Escheators
doe
not
onely
seise
the
personall
estate
of
the
Abbot
or
Prior
deceased
,
but
such
Corne
in
the
barne
,
and
other
goods
belonging
to
the
houses
,
for
their
maintenance
;
as
also
the
profits
of
Churches
impropriate
.
3
,
&
4
,
&
5.
Elections
are
either
disturbed
by
the
Kings
Letters
praeceding
,
or
by
delay
of
the
Royall
assent
subsequent
the
said
elections
.
6.
The
Lay
power
without
the
advice
of
the
Clergy
doe
put
in
,
eject
,
or
restore
incumbents
to
Benefices
voyd
.
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
,
trespasse
,
or
other
personall
actions
;
and
in
case
they
have
no
Lay
fees
,
the
ordinary
is
distrained
by
his
Barony
to
cause
the
Clerke
to
appeare
.
9.
The
Laity
are
forbidden
to
take
oath
,
or
to
inform
upon
oath
before
the
Prelates
,
and
to
obey
Prelates
commands
in
such
cases
.
10.
Persons
taken
and
imprisoned
upon
excommunication
are
ordinarily
dismist
without
satisfaction
unto
the
Prelate
;
and
sometimes
are
not
taken
by
the
Sheriffe
,
14.
Clerks
imprisoned
for
felony
are
refused
to
be
delivered
to
the
Ordinary
,
unlesse
upon
security
to
appeare
before
the
Justices
in
Oyer
,
16.
Justices
itinerant
doe
imprison
Clerks
defamed
for
felony
,
or
otherwise
outlaw
them
if
they
doe
not
appeare
.
And
otherwise
proceed
against
Clerks
after
their
purgation
before
the
ordinary
.
18.
The
Lay
power
seises
upon
the
estates
of
Clerks
degraded
for
crimes
.
19.
Clergy
are
compelled
to
answer
and
give
satisfaction
for
offences
against
the
forrest
laws
,
22.
Priviledges
of
Sanctuary
are
invaded
by
force
.
23.
Executors
of
Bishops
are
hindred
from
administring
the
estate
without
licence
first
obtained
from
the
King
.
24.
The
Kings
tenants
goods
are
seised
after
their
decease
by
the
Kings
Bailiffs
.
25.
Intestates
goods
are
seised
by
their
Lords
,
and
their
Ordinary
hindred
from
administration
.
26.
The
Kings
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
Churchyards
,
30.
In
cases
of
prohibition
if
the
Ecclesiasticall
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
temporall
the
Ecclesiasticall
Judge
is
amerced
,
if
he
proceed
against
the
prohibition
,
and
it
s
tried
by
witnesses
of
two
ribaulds
:
and
in
case
it
be
found
for
the
Ecclesiasticall
Judges
cognisance
,
32.
That
Jewes
in
matters
Ecclesiasticall
aforesaid
are
by
the
Kings
prohibition
drawn
from
the
Ecclesiasticall
Judge
unto
the
Lay
Magistrate
.
34.
Question
about
Lands
given
in
Frankalmoine
are
tried
in
the
Lay
courts
;
39.
Prelates
summoned
to
higher
Courts
are
not
allowed
to
make
atturnies
to
appeare
for
them
in
the
inferior
civill
courts
.
41.
Grantees
of
murage
or
other
unwonted
impositions
compell
the
Churchmen
to
pay
the
same
.
42
&
43.
The
Clergy
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
Councell
of
the
kingdome
,
Princes
and
Prelates
.
45.
The
King
doth
compell
the
Clergy
to
benevolences
to
the
King
at
his
voyage
into
forraine
parts
.
46.
Amercements
granted
to
Clergy
men
are
turned
into
fines
by
the
Justices
,
and
by
them
taken
.
47.
Clergy
men
are
fined
for
want
of
appearance
before
the
Justices
itinerant
,
and
of
the
Forest
upon
common
summons
.
48.
Quo
warrantoes
granted
against
the
Clergy
for
their
liberties
,
and
the
same
seised
,
unlesse
they
be
set
down
in
expresse
words
in
their
Charter
,
This
is
the
summe
of
their
paper
of
grievances
;
and
because
they
found
the
King
either
wilfull
or
unconstant
,
they
resolve
upon
a
remedy
of
their
own
,
by
excommunication
and
interdiction
,
not
sparing
the
persons
of
any
principall
or
accessory
,
nor
their
Lands
,
no
not
of
the
King
himselfe
;
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
Satatutes
:
the
first
spake
faire
,
and
seemed
to
redresse
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
Abbats
,
Priors
,
and
Prelates
,
&c.
shall
have
an
action
of
trespasse
for
trespasses
done
nigh
before
the
death
of
their
predecessors
upon
the
estates
of
their
Corporations
.
And
shall
prosecute
an
action
begun
by
their
Predecessors
.
And
also
shall
have
an
assize
against
intruders
into
any
of
the
possessions
belonging
to
the
said
Corporations
whereof
their
predecessors
died
seised
.
This
might
seem
a
remedy
provided
against
the
first
malady
complained
of
,
and
questionlesse
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
Popes
cunning
to
help
on
that
worke
,
that
they
might
be
as
stores
for
supply
of
his
treasury
;
and
had
forbidden
Abbats
and
other
Prelates
,
&c.
the
liberty
of
disposing
their
estates
by
last
Will
.
Kings
therefore
as
supreame
patrons
to
these
bodies
in
their
vacances
used
to
seise
all
the
estates
of
the
Prelates
with
the
temporalties
to
their
own
use
,
as
well
to
preserve
the
riches
of
the
kingdome
to
it selfe
,
and
the
possessions
of
such
Corporations
from
spoile
,
as
to
be
a
cloke
of
their
own
covetousnesse
.
And
under
the
estates
of
the
Prelates
or
heads
of
these
Corporations
all
the
Goods
and
Chattels
belonging
to
the
said
Corporations
were
comprehended
in
regard
that
all
was
by
law
adjudged
to
be
in
the
sole
possession
of
such
head
,
No
Clergie
man
is
bound
to
attend
at
the
Sheriffs
Turne
.
William
the
Conquerour
first
exempted
the
persons
of
the
Clergy
from
attendance
upon
temporall
Courts
;
yet
they
were
still
urged
thereto
,
Clergy
men
nor
their
houses
shall
be
charged
with
Quarter
,
nor
their
goods
with
purveyance
or
cart-service
,
under
perill
of
imprisonment
and
dammages
by
action
or
imprisonment
.
The
great
endowments
of
Lands
,
Rents
,
and
Revenues
given
to
the
Church-men
by
the
Laity
was
for
the
maintenance
of
Hospitality
and
works
of
charity
.
The
founders
and
benefactors
hereby
obtained
a
right
of
corody
or
entertainment
at
such
places
,
in
nature
of
free
quarter
,
which
in
the
necessitous
times
of
Henry
the
third
became
so
common
that
every
one
that
had
power
never
questioned
right
,
and
the
King
above
all
the
rest
;
by
meanes
whereof
the
Church
Revenues
were
exceedingly
wasted
:
for
remedy
whereof
all
offenders
are
by
this
Statute
made
liable
to
fine
and
imprisonment
,
and
double
dammages
in
case
of
action
of
trespasse
;
the
King
only
excepted
,
against
whom
they
had
no
defence
,
but
would
rather
have
wonne
him
to
have
been
their
defence
against
the
exactions
from
Rome
that
continually
plagued
them
.
A
Clerke
taken
upon
felony
,
being
demanded
,
shall
be
delivered
to
the
Ordinary
;
but
being
indicted
shall
not
be
dismissed
by
the
Ordinary
without
due
purgation
.
With
due
respects
to
the
judgement
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
;
Neverthelesse
because
the
indictment
passed
many
times
befor
the
demand
came
,
(
for
by
the
15
Article
of
the
Clergies
complaints
foregoing
,
it
appeares
that
the
Lay
Judge
made
more
then
ordinary
speed
,
for
feare
of
stop
.
)
This
law
provided
that
such
also
should
be
delivered
to
their
Ordinary
,
and
that
due
purgation
should
passe
before
the
party
were
delivered
;
and
in
case
the
Ordinary
neglected
his
duty
herein
,
he
was
liable
to
a
fine
or
amercement
.
Disturbers
of
the
freedome
of
elections
fined
.
With
submission
to
the
judgement
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
temporall
places
of
government
severall
laws
are
especiall
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
Clergy
if
not
this
.
Ordinaries
having
the
Goods
of
the
intestate
shall
answer
his
debts
.
Originally
the
goods
of
the
intestate
passed
by
a
kinde
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
firsts
time
they
had
gotten
a
taste
,
for
although
the
wife
and
children
,
or
next
of
kinne
had
then
the
possession
,
yet
it
was
for
the
good
of
the
soule
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
Clergy
had
drawn
blood
:
for
though
the
possession
was
as
formerly
,
yet
the
dividend
must
be
made
in
the
view
of
the
Church
;
and
by
this
means
the
deviders
were
but
meere
instruments
,
and
the
right
was
vanished
into
the
clouds
,
or
as
the
Lawyers
terme
it
in
Abeyance
.
But
in
Henry
the
thirds
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
morsell
;
and
by
this
law
declared
the
use
and
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
Clergy
being
vexed
with
the
passing
of
the
Stat:
of
Mortmaine
(
whereof
hereafter
when
we
come
to
speake
of
the
Clergies
losses
)
they
make
grievous
complaints
of
wrongs
done
to
their
priviledges
;
Take
good
heed
that
you
doe
not
punish
the
Bishop
of
Norwich
and
his
Clergy
if
they
hold
plea
in
Court
Christian
of
things
meerely
spirituall
:
for
in
such
cases
the
Ecclesiasticall
Judge
hath
cognisance
notwithstanding
the
Kings
prohibition
.
It
s
therefore
neither
grant
nor
release
,
but
as
it
were
a
covenant
that
the
Clergy
shall
hold
peaceable
possession
of
what
〈◊〉
had
,
upon
this
ground
,
that
the
Kings
prohibition
hath
no
place
in
such
things
as
are
meerly
spirituall
.
So
as
hereby
the
Clergy
got
a
judgement
against
the
Crown
by
confession
,
and
an
estopell
,
upon
this
maxime
that
spirituall
things
belong
to
spirituall
men
,
into
which
ranke
the
Kings
person
cannot
come
;
thus
thought
they
,
but
what
are
spirituall
causes
,
and
why
so
called
?
are
they
such
as
concerne
spirituall
persons
,
and
things
?
this
was
the
old
way
marke
;
but
if
we
bring
into
this
Category
,
Adultery
,
Fornication
,
Incest
,
&c.
we
shall
marre
all
.
Linwood
tels
us
that
mere
spiritualia
are
such
as
are
sine
mixtura
temporalium
:
there
may
be
somewhat
in
this
though
I
cannot
finde
it
;
nor
can
I
make
out
the
sence
of
the
terme
any
other
way
,
but
to
limit
it
to
such
things
which
by
common
custome
the
Ecclesiasticall
Judge
had
cognisance
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
Licence
,
(
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
temporall
power
,
as
I
have
already
shewed
.
The
Normans
continued
this
course
if
we
may
believe
the
Conquerours
lawes
which
gave
the
fine
in
such
cases
to
the
Lord
of
the
delinquent
.
Reparations
and
adornings
of
Churches
and
Fences
of
Church-yards
.
Violence
done
to
a
Clerke
,
Defamation
to
reforme
,
not
to
give
dammage
.
Perjury
,
oblations
,
payments
of
Tythes
between
Rector
and
Parishioner
:
Right
of
Tythes
between
two
Rectors
to
a
fourth
part
of
the
valew
:
Mortuaries
due
by
custome
:
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
doe
manifest
.
Nor
had
the
Clergy
ever
better
title
then
connivance
of
some
such
favourites
as
King
Steven
,
whose
acts
may
peradventure
be
urged
against
Kings
,
but
not
against
the
people
,
unlesse
their
owne
act
can
be
produced
to
warrant
it
.
The
learning
in
the
Princes
case
wil
(
I
suppose
)
admit
of
a
difference
:
Papa
inconsulto
.
The
King
hereupon
disavowes
the
Clergy
,
and
leaves
them
to
the
Romish
oppressions
,
which
were
many
;
and
then
the
Clergy
rub
up
all
old
sores
,
and
exhibite
their
complaints
to
their
holy
Father
,
-
1.
That
the
Kings
Justices
intermeddle
in
testamentary
causes
,
accounts
of
Executors
,
and
cognisance
of
Tythes
,
especially
to
the
fourth
part
of
the
Living
.
-
2.
That
the
Clergie
were
charged
to
the
Kings
carriages
.
That
the
Kings
Mils
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
seised
till
their
accounts
were
made
.
That
Ecclesiasticall
possessions
were
wasted
during
vacancies
.
-
3.
That
Clerks
were
admitted
to
free
Chappels
by
Lay
men
.
-
4.
That
the
Kings
Justices
tooke
cognisance
of
Vsury
,
Defamation
,
violence
done
to
Clerks
,
Sacriledge
,
Oblations
,
Fences
of
the
Churchyards
and
Mortuaries
.
-
5.
That
prohibitions
are
granted
without
surmise
.
-
6.
That
Clerks
are
called
to
answer
in
the
Kings
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
Kings
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
inlarged
in
like
manner
.
-
11.
That
debts
between
Clerks
due
,
are
determined
in
the
temporall
courts
.
-
12.
That
Bishops
are
compelled
by
distresse
to
cause
Clerks
to
appeare
in
Lay
courts
without
cause
.
-
13.
That
the
Church
looseth
its
right
by
the
ceasing
of
rent
or
pension
by
the
space
of
two
yeeres
.
-
14.
That
Nuns
are
compelled
to
sue
in
the
Lay
courts
for
their
right
in
possessions
befalling
by
decease
of
their
kindred
.
-
15.
That
Churches
are
deprived
of
their
priviledges
till
they
shew
Quo
warranto
they
hold
them
.
-
16.
That
Ecelesiasticall
Judges
are
stopped
in
their
proceedings
by
Sheriffs
and
great
men
.
-
17.
That
Bishops
refusals
of
Clerks
presented
are
examined
in
the
Lay
courts
.
-
18.
That
patrons
of
Religious
Houses
do
oppresse
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
yeeres
.
-
21.
That
the
Clergie
are
wronged
by
the
Statute
of
Mortmaine
.
Here
s
all
,
and
more
then
all
that
s
true
;
and
more
then
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
obtaine
was
to
be
attributed
to
the
resolution
of
the
Laity
,
and
not
to
any
neglect
in
themselves
;
for
the
Archbishop
died
in
the
service
,
and
its
thought
that
grief
for
these
maters
was
no
little
cause
thereof
.
But
the
times
within
a
while
grew
troublesome
,
de
consultatione
habenda
in
all
matrimoniall
and
testamentary
cases
,
Ecclesiasticall
cognisance
extendeth
unto
Tythes
,
Oblations
,
and
Mortuaries
,
and
to
pecuniary
recompence
.
In
the
first
times
neglect
or
deniall
of
Church-duties
was
punished
in
the
Kings
court
by
fine
.
Afterwards
the
Bishop
was
joyned
in
that
worke
,
Ecclesiasticall
cognisance
extendeth
not
to
a
fourth
part
of
the
Tythes
of
any
Living
,
nor
to
pecuniary
mulcts
for
sinne
,
saving
by
way
of
commutation
.
The
complaint
of
the
Clergy
in
Henry
the
thirds
time
was
against
the
Kings
prohibition
in
case
of
Tythes
indefinitly
;
for
in
those
times
&
afterwards
in
Edw.
the
firsts
time
the
Kings
court
had
the
cognisance
of
all
Tythes
,
and
therefore
in
the
Statute
of
Westm
.
2.
c.
5.
the
Writ
of
Indicavit
was
allowed
in
case
of
right
of
any
portion
of
Tythes
;
yet
the
Church
still
gained
ground
,
and
about
or
before
the
death
of
Edward
the
first
the
Temporall
Judge
had
yeelded
unto
the
Clergy
the
cognisance
of
a
portion
of
Tythes
under
the
value
of
the
fourth
part
,
For
violence
done
to
Clerks
the
offender
shall
render
dammage
in
the
Kings
Court
,
but
Excommunication
,
Penance
,
and
Commutation
shall
be
in
the
Bishops
court
.
The
Canon
law
had
an
ancient
claime
to
the
Protection
of
Clerks
both
as
touching
their
persons
and
estates
;
and
prevailed
so
farre
as
they
were
thereby
imboldned
to
offer
violence
unto
others
.
But
as
I
formerly
shewed
by
a
Law
in
Henry
the
seconds
time
the
Temporall
Judge
resumed
his
originall
power
;
and
this
became
a
sore
evill
between
the
Clergy
and
Laity
,
for
though
it
were
allowed
that
Clerks
should
not
be
sued
but
before
the
Ecclesiasticall
Judge
in
such
cases
,
yet
it
was
no
warrant
for
the
Laity
likewise
to
be
called
before
the
Ecclesiasticall
Judge
in
such
cases
;
and
therefore
the
Clergies
complaints
shew
that
the
matter
was
doubtfull
,
and
that
the
Lay
Judge
generally
maintained
his
jurisdiction
,
although
sometimes
he
disclaimed
it
as
it
may
appeare
in
the
case
of
a
trespasse
in
the
nature
of
a
riot
committed
upon
the
priory
of
St
Johns
of
Jerusalem
in
the
seventh
yeere
of
Henry
the
third
,
when
as
it
was
adjudged
per
curiam
that
it
belonged
to
the
Ecclesiasticall
court
to
punish
:
Circumspecte
agatis
,
and
Articles
concerning
prohibitions
;
the
difference
was
made
between
dammages
and
pre
reformatione
,
and
the
same
affirmed
by
this
Law
,
and
so
the
matter
setled
,
and
the
fourth
Article
of
the
Clergies
complaint
in
some
measure
satisfied
.
Defamation
within
cognisance
of
the
Ecclesiasticall
court
,
and
corporall
penance
therefore
,
and
Commutation
.
The
words
are
generall
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
Ecclesiasticall
court
:
and
this
gave
further
satisfactin
to
the
fourth
Article
of
the
Clergies
complaint
foregoing
.
Tythes
of
new
Mils
may
be
recovered
in
the
Ecclesiasticall
court
.
This
Tythe
of
Mils
was
a
new
incroached
Tythe
never
mentioned
in
any
former
law
of
this
Kingdome
,
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
Mils
.
It
s
true
that
anciently
Mils
payd
Tythes
,
but
such
they
were
which
were
ancient
and
had
payd
the
same
by
custome
;
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
appeares
that
the
Kings
Mils
refused
to
pay
this
Tythe
;
now
whether
the
new
Mils
were
called
the
Kings
Mils
,
as
being
made
upon
the
publique
streames
by
the
Kings
licence
;
or
whether
the
Mils
newly
made
within
the
Demesnes
of
the
Crown
it
s
not
to
be
insisted
upon
;
but
its
evident
that
till
this
Law
made
the
new
Mils
would
not
tythe
their
labours
.
One
and
the
same
matter
may
be
tried
at
the
common
Law
after
sentence
in
the
Spirituall
Court
in
divers
respects
.
The
great
sore
that
was
complained
of
was
that
the
Clergy
after
purgation
in
the
Ecclesiasticall
court
made
,
were
proceeded
against
in
the
Kings
court
in
case
of
breach
of
peace
,
or
fellony
,
as
may
appeare
out
of
the
16th
Article
of
the
Clergies
first
complaints
,
and
the
8th
Article
of
that
taken
out
of
Baronius
.
Neverthelesse
the
present
law
subjoynes
an
example
of
the
questioning
a
Lay
man
in
the
Ecclesiasticall
court
in
case
of
violence
done
to
a
Clerke
as
a
matter
which
may
be
tried
in
the
Ecclesiasticall
court
,
and
yet
reviewed
by
the
Kings
court
.
The
Writ
de
Excommunicato
deliberando
shall
not
issue
forth
but
upon
evident
breach
of
the
Kings
liberty
.
This
might
be
intended
in
satisfaction
of
the
tenth
Article
of
the
Clergies
complaint
in
Baronius
,
and
the
tenth
Article
in
the
Clergies
complaint
first
recited
;
although
that
complaint
both
in
the
10
,
11
,
12
,
and
33
Articles
seem
to
be
but
clamour
upon
Officers
,
and
not
the
Kings
court
of
justice
.
Clerks
Officers
to
the
Exchequer
are
to
be
corrected
by
their
Ordinaries
;
and
yet
not
tied
to
residence
during
their
attendance
on
the
Exchequer
.
This
is
in
part
an
answer
to
the
second
Article
of
the
Clergies
last
complaint
,
and
a
justification
thereof
as
a
thing
that
is
pro
bono
publico
.
Clergie
mens
goods
shall
not
be
distrained
either
in
the
high
way
or
Sanctuary
grounds
,
unlesse
such
as
have
been
of
late
purchase
.
The
complaint
exhibited
in
Henry
the
thirds
time
,
and
the
8th
Article
was
onely
in
ordinary
personall
actions
;
but
in
the
complaint
made
in
Edward
the
seconds
time
Article
12.
is
that
it
s
without
cause
that
they
are
so
distrained
.
This
law
yeeldeth
them
somewhat
,
viz.
immunity
from
distresse
within
their
ancient
possessions
which
had
been
by
ancient
custome
priviledged
,
but
yeelds
nothing
as
touching
their
latter
purchased
Lands
,
because
they
had
no
such
custome
.
High
waies
and
Sanctuaries
shall
be
free
for
such
as
abjure
,
so
as
they
shall
neither
be
restrained
from
liberty
,
nor
necessaries
kept
from
them
.
Felons
may
make
free
confession
to
the
Priest
without
danger
.
The
grievance
in
the
22th
Article
of
the
Clergies
complaint
,
in
Henry
the
thirds
time
,
and
the
ninth
in
that
of
the
times
of
Edw.
2.
are
hereby
relieved
;
provided
that
the
delinquent
keeps
himselfe
in
due
order
.
Houses
of
Religion
shall
not
be
oppressed
with
corodies
,
pensions
or
entertainments
of
great
men
.
This
answered
the
grievance
in
the
42
and
43
of
the
first
complaint
,
and
the
18
of
the
latter
,
and
in
effect
little
other
then
what
was
formerly
setled
by
West
.
1.
cap.
1.
The
Kings
Tenants
may
be
cited
before
the
Ordinary
out
of
their
own
Town
,
and
if
Excommunicated
for
want
of
appearance
,
the
Writ
de
excommunicato
capiendo
shall
be
awarded
.
A
remedy
this
was
against
the
grievances
in
the
12
and
33
Articles
of
the
first
complaint
,
and
in
the
10th
Article
of
the
last
scedule
of
complaints
.
And
thus
the
Clergy
have
gotten
the
day
of
the
Kings
Tenants
,
which
they
had
been
striving
for
ever
since
the
conquest
,
as
may
appeare
by
what
hath
been
formerly
said
;
and
now
the
Kings
Tenants
are
in
no
better
condition
then
other
men
,
viz.
they
may
now
be
excommunicated
without
the
Kings
licence
:
nor
is
the
answer
Nunquam
fuit
negatum
to
be
referred
to
the
point
of
Excommunication
;
for
that
power
was
denied
them
but
unto
the
citing
them
out
of
their
own
Parish
,
which
cannot
be
found
to
be
denied
to
the
Clergy
by
any
thing
that
yet
appeareth
.
A
Clerke
presented
and
found
unable
by
the
Ordinary
shall
be
tried
againe
by
the
Ecclesiasticall
,
and
not
the
Lay
Judge
.
Although
the
fitnesse
or
sufficiency
of
the
party
presented
is
to
be
examined
by
the
Ordinary
,
yet
the
civill
Magistrate
hath
power
in
action
brought
to
inquire
and
determine
whether
the
Ordinaries
worke
was
rightly
done
,
and
so
the
17
Article
of
the
last
complaint
answered
.
Elections
shall
be
free
.
The
law
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
Clerke
having
taken
Sanctuary
shall
not
be
compelled
to
abjure
.
Nor
after
confession
of
the
crime
,
or
appealing
others
before
the
secular
Judge
shall
be
denied
his
Clergie
.
Although
the
Temporall
courts
proceeded
not
so
farre
as
to
passe
sentence
against
a
Clerke
that
had
taken
Sanctuary
;
yet
they
proceeded
to
inquiry
,
as
may
appeare
by
what
was
said
formerly
concerning
the
Stat.
West
.
1.
cap.
2.
and
therefore
though
this
law
in
the
15th
Chap.
alloweth
that
a
Clerke
in
Sanctuary
shall
enjoy
his
Ecclesiasticall
liberty
,
yet
the
words
legi
Regni
se
reddens
are
interposed
;
and
the
reason
is
,
because
the
King
upon
indictment
found
had
right
to
the
delinquents
goods
and
profits
of
his
lands
untill
due
purgation
,
No
religious
House
shall
be
charged
with
taxe
to
any
superiour
without
the
Realm
of
England
;
nor
shall
send
to
any
visitation
out
of
England
.
This
was
neither
at
the
request
of
the
Clergy
nor
act
of
kindnesse
intended
unto
them
but
for
the
good
of
the
Kingdome
,
to
prevent
the
bleeding
of
the
treasure
of
the
Kingdome
into
forraine
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
safegard
of
the
Revenues
of
the
Houses
,
and
their
maintenance
;
and
therefore
it
s
with
a
sicut
superius
dictum
est
,
cap.
5.
Edw.
2.
The
goods
of
the
Clergy
freed
from
purveyance
,
unlesse
they
will
.
It
was
a
favour
given
by
Edw.
2.
to
the
Clergy
to
gaine
their
good
will
after
the
death
of
Gaveston
the
shamefull
defeat
received
in
Scotland
,
and
some
particular
testimonies
of
Gods
displeasure
,
whereof
he
began
to
be
somewhat
sensible
.
18
Edw.
1.
Franchises
holden
by
prescription
or
charter
confirmed
,
and
trials
by
Quo
warranto
allowed
to
be
in
eyer
.
It
was
the
common
share
of
the
great
men
,
but
especially
of
the
Clergy
to
have
their
franchises
exposed
to
the
prey
of
the
Eagles
,
or
to
such
as
hauked
for
them
;
and
its
likely
the
King
had
not
so
easily
forgone
his
prise
,
if
all
the
fat
had
faln
to
his
own
share
;
but
perceiving
that
more
benefit
came
to
his
instruments
then
was
meet
,
and
himselfe
little
the
better
thereby
;
he
sacrificed
his
Judges
to
the
people
,
but
it
was
to
his
own
behoofe
,
and
so
gained
both
credit
and
favour
from
the
people
,
and
profit
to
himselfe
;
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
escheate
to
the
Lord
,
if
the
alienor
take
the
same
backe
to
hold
of
that
house
.
The
ground
hereof
principally
was
the
prejudice
done
to
the
Lord
by
destruction
of
the
tenure
albeit
that
it
had
been
an
ancient
grievance
complained
of
in
the
Saxon
times
that
the
Clergy
were
covetous
,
and
swallowed
down
estates
,
and
thereby
weakned
the
Kingdome
:
But
now
they
are
become
even
cheaters
,
serving
the
turnes
of
treacherous
tenants
that
would
give
their
Lands
by
compact
with
the
Church
men
to
receive
them
againe
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
then
their
Images
.
de
Religiosis
by
which
it
was
enacted
that
in
case
of
such
alienations
in
Mortmaine
the
Lord
should
have
liberty
to
enter
;
if
he
failed
then
the
Lord
paramont
,
Stat.
de
Religiosis
.
7
E.
1.
or
if
he
failed
the
King
should
enter
and
dispose
of
the
same
;
and
that
no
licence
of
Mortmaine
should
be
sued
out
but
by
the
mean
Lords
assent
;
and
where
part
of
the
premises
remaine
still
in
the
Donor
,
and
the
originall
Writ
mentioneth
all
the
particulars
.
And
thus
at
length
was
this
issue
for
the
present
staied
which
hitherto
wasted
the
strength
of
the
Kingdom
,
Stat.
de
Amortizandis
terris
.
M.
West
.
An.
1280.
Mag.
carta
cap.
39.
and
by
continuall
current
emptying
it
into
the
mare
mortuum
of
the
Clergy
consumed
the
maintenance
of
Knight
service
,
by
converting
the
same
to
Clerk-service
.
No
Iudge
shall
compell
a
free
man
to
make
othe
without
the
Kings
command
.
Athas
&
Ordulas
;
and
the
Churchmen
that
first
procured
vacations
from
suits
of
law
during
holy
times
,
procured
a
law
also
to
be
setled
by
Edward
the
Saxon
King
and
Gunthurne
the
Dane
,
Steven
Langton
Archbishop
of
Canterbury
of
a
faculty
of
licencing
administration
of
oathes
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
lesse
care
of
such
smaller
matters
,
and
therefore
allowed
that
his
Judges
of
Assizes
should
be
licenced
by
the
Archbishop
to
administer
oathes
in
their
circuits
in
the
sacred
times
of
Advent
and
Septuagessima
:
Put
the
Bishop
of
N.
to
his
pledges
that
he
be
before
our
Justices
to
shew
cause
why
he
made
to
be
summoned
,
Bigamists
shall
not
be
allowed
their
Clergie
,
Stat.
Bigam
.
4
Edw.
1.
cap.
5
whether
they
become
such
before
the
Councell
of
Lions
,
or
since
;
and
that
Constitution
there
made
shall
be
so
construed
.
Whatsoever
therefore
their
Synods
in
those
times
pretended
against
the
married
Clergy
seemeth
by
this
law
that
they
had
Clergy
that
were
married
once
and
againe
;
and
yet
before
and
after
the
Councell
were
admitted
as
Clerks
in
the
judgement
of
the
Law
.
But
the
Generall
councell
interposes
their
authority
,
and
deprives
them
that
are
the
second
time
married
of
all
their
priviledges
of
Clergy
.
It
was
it
seemeth
twenty
yeeres
and
more
after
that
Councell
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
vaine
;
nor
is
it
easie
to
conceive
what
occasion
should
after
so
long
a
time
move
such
exposition
,
the
words
of
the
Constitution
being
Bigamos
omni
privilegio
clericali
declaramus
esse
nudatos
Now
whither
this
slow
reformation
arose
from
the
defect
in
law
,
or
in
obedience
thereto
,
may
be
gathered
from
some
particulars
ensuing
.
First
,
it
is
apparent
that
the
canons
of
Generall
councels
interessendi
,
tractandi
,
communicandi
&
concludendi
.
First
,
of
such
matters
quae
ad
reformationem
Ecclesiae
universalis
in
capite
&
membris
,
then
of
such
as
concerne
fidei
orthodoxae
fulciamentum
,
Neverthelesse
the
case
sometimes
was
such
as
could
not
expect
favour
,
and
then
as
the
Kings
temper
was
they
would
sometimes
ride
it
out
with
full
saile
,
and
to
that
end
would
either
joyn
with
their
Ecclesiasticall
Proctors
some
of
the
Barrons
,
and
great
men
of
their
Realme
,
to
adde
to
the
cry
,
and
make
their
affaires
ring
louder
in
the
eares
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
looke
to
the
rights
of
the
Crown
(
as
Henry
the
third
did
at
the
councell
at
Lions
)
and
this
sounded
in
nature
of
a
protest
,
Peckam
,
An.
1280.
the
acts
of
the
Councell
of
Lions
was
ratified
,
and
amongst
others
a
Canon
against
non
residency
and
pluralities
;
and
yet
neither
Councell
nor
Synod
could
prevaile
.
for
in
Edward
the
seconds
time
an
Abbat
presenting
to
a
Church
vacant
(
as
was
supposed
)
by
the
Canon
of
pluralities
the
King
whose
Chaplaine
was
disturbed
enjoyned
the
Abbat
to
revoke
his
presentation
upon
this
ground
Cum
igitur
&c.
in
English
thus
:
Whereas
therefore
that
decree
bindeth
not
our
Clerks
in
our
service
in
regard
that
the
Kings
and
Princes
of
England
from
time
to
time
have
enjoyed
that
liberty
and
prerogative
that
their
Clerks
whiles
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
tooke
leave
to
enact
a
sence
upon
a
former
Canon
so
long
since
made
;
and
(
which
is
all
one
)
to
make
a
generall
Councell
(
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
,
Basell
,
Henry
the
sixth
sent
not
above
twelve
or
thirteene
,
as
Mr
Selden
more
particularly
relateth
.
Neverthelesse
Nation
all
Synods
And
this
prevailed
so
farre
as
the
Bishops
durst
not
adventure
too
farre
least
they
should
goe
beyond
their
guard
;
and
therefore
they
come
and
aske
leave
of
the
Parliament
in
cases
that
trenched
upon
the
Law
of
the
Kingdom
,
as
they
did
in
the
case
of
bastardy
,
wherein
they
would
have
had
their
consent
that
children
borne
before
marriage
to
be
made
legittimate
by
the
marriage
subsequent
;
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
triall
of
generall
bastardy
unto
themselves
.
Neverthelesse
the
times
were
such
as
Kings
being
too
weakly
assisted
by
the
people
,
and
the
Clergy
strongly
seconded
by
the
Pope
,
they
tooke
advantage
of
those
times
of
distraction
so
as
to
hold
themselves
no
further
obliged
to
the
King
then
the
Pope
and
their
own
covetousnesse
would
allow
them
;
and
to
make
all
sure
,
they
had
setled
it
so
farre
as
they
were
able
by
a
constitution
,
that
the
Clergy
were
not
bound
to
ayd
the
King
Papa
inconsulto
;
Winchelsie
,
Anno
1295.
in
the
time
of
Edward
the
first
;
and
although
the
King
prevailed
in
the
conclusion
at
that
time
,
yet
from
the
times
of
Henry
the
third
the
Clergy
for
future
times
granted
their
aides
to
the
King
by
themselves
,
and
a
part
from
the
rest
of
the
body
of
the
Kingdome
,
and
held
themselves
not
bound
by
any
ayd
granted
by
the
Parliament
,
albeit
that
their
own
ayds
granted
in
their
Synods
were
not
obligatory
unto
the
body
of
the
Clergy
in
this
Kingdome
,
unlesse
first
allowed
and
confirmed
by
the
Parliament
.
And
thus
is
England
become
like
a
two
bodied
monster
supported
with
one
paire
of
legs
.
CHAP.
LXVII
.
Of
the
condition
of
the
free
men
of
England
of
the
grand
Charter
and
other
Statutes
during
the
reignes
of
these
Kings
.
SHattered
asunder
by
broiles
of
Civill
wars
,
the
free
men
having
laid
aside
that
regard
of
the
ancient
mutuall
covenant
and
bond
of
Decenners
are
now
become
weake
,
and
almost
inthralled
to
the
lust
of
Kings
,
Lords
,
Pope
,
and
English
Clergy
;
and
therefore
it
s
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
severall
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
coole
sent
,
yet
they
still
retained
the
prey
within
their
view
.
Sometimes
they
were
cast
farre
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
into
the
Publique
Theater
.
The
Historian
saith
it
was
the
same
with
that
of
King
Johns
framing
;
and
yet
by
comparing
them
together
we
finde
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
passe
along
.
The
first
Chapter
concerned
the
Church
,
of
which
sufficient
hath
been
spoken
.
The
Free
men
shall
enjoy
these
liberties
to
them
and
their
heires
for
ever
.
The
heire
in
Knightservice
shall
pay
the
ancient
reliefe
.
Lords
shall
have
their
Wards
bodies
,
and
Lands
after
homage
received
untill
the
full
age
,
though
the
Ward
be
formerly
Knighted
.
per
cause
de
guard
.
And
if
the
heire
entered
the
Lands
before
homage
done
,
he
gained
no
free
hold
,
Grantees
or
their
assignes
or
Committees
of
Wardships
shall
preserve
the
Land
,
&c.
from
waste
,
and
the
tenants
from
extortion
.
They
shall
yeeld
up
the
same
stocked
if
they
receive
them
stocked
.
The
first
of
these
is
the
law
of
common
reason
for
its
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
doubtlesse
they
were
within
the
intent
and
meaning
of
the
Law
.
The
matter
declares
plainly
not
onely
the
oppession
of
Lords
upon
their
Wards
,
but
also
the
corruption
even
of
the
law
it selfe
,
that
at
the
first
aimed
at
the
good
of
the
publique
,
and
honour
of
Knightservice
,
but
now
was
degenerated
into
the
base
desire
of
profit
by
making
market
of
the
Wards
estates
and
marriages
,
that
brought
in
strip
and
wast
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
spoile
of
times
.
Nor
did
these
times
ever
espie
or
provide
against
the
worst
of
these
,
but
onely
endeavoured
to
save
the
estate
by
punishing
the
wasters
in
dammages
by
this
law
,
and
by
forfaiture
of
the
Wardship
by
a
Law
made
in
the
time
of
Edward
the
first
;
Magna
Carta
,
or
at
least
not
so
reputed
.
The
marriage
of
Wards
shall
be
without
disparagement
.
It
was
an
ancient
law
amongst
the
Germans
and
the
Saxons
brought
it
hither
,
Widdows
shall
have
their
Dower
,
inheritance
,
their
inheritance
which
they
have
joyntly
with
their
husbands
,
their
marriage
freely
,
and
their
Quarentine
.
With
due
regard
of
the
opinion
of
others
I
shall
propound
my
own
.
It
seemeth
to
me
that
the
King
is
within
this
Law
,
as
well
as
within
the
former
lawes
of
the
Normans
,
and
those
of
Henry
the
second
that
are
of
this
kind
;
and
as
he
is
within
the
compasse
of
every
law
of
this
Charter
,
and
that
it
is
called
the
Grand
charter
as
most
immediately
comming
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
widdows
of
Wards
belonging
to
inferiour
Lords
to
marry
whom
they
will
;
and
that
onely
the
Kings
widdows
shall
be
bound
:
Nor
did
this
suite
with
the
contest
between
the
Barons
and
the
King
,
that
their
widdows
should
be
bound
unto
the
King
,
and
the
widdows
of
their
tenants
discharged
from
their
tuition
;
and
therefore
I
conceive
by
the
word
maritagium
is
not
meant
liberty
of
marriage
,
but
her
marriage
portion
,
or
rationabilis
pars
according
to
the
foregoing
Laws
of
Henry
the
first
,
and
Henry
the
second
;
and
the
Saxon
customes
.
But
as
touching
the
liberty
of
marriage
it
is
defined
and
expressed
that
the
widdows
shall
not
be
compelled
to
marry
neverthelesse
if
they
shall
marry
they
must
marry
with
the
Lords
liking
,
No
mans
land
shall
be
seised
for
debt
to
the
King
so
long
as
the
personall
estate
will
satisfie
.
Nor
shall
his
pledge
be
troubled
so
long
as
the
principall
is
sufficient
,
unlesse
he
refuse
to
satisfie
,
and
then
the
pledge
shall
recover
in
value
.
The
first
part
hereof
was
the
issue
of
the
law
concerning
elegit
,
formerly
observed
in
the
Saxons
times
;
for
the
regard
of
law
principally
extended
unto
the
person
next
unto
the
free
hold
,
and
lastly
unto
the
goods
.
The
latter
part
of
this
law
was
the
law
of
pledges
or
Decenners
in
the
same
times
;
unto
which
the
Reader
may
resort
for
further
light
herein
.
The
City
of
London
,
and
other
Cities
,
Burroughs
,
and
Towns
;
and
the
Cinqueports
,
and
other
ports
shall
enjoy
their
ancient
liberties
.
The
whole
Kingdome
,
and
the
members
thereof
herein
expressed
had
all
their
liberties
saved
from
the
dint
of
conquest
by
the
law
of
William
the
first
;
upon
which
,
although
some
of
the
succeeding
Kings
did
invade
,
No
distresse
shall
be
taken
for
greater
service
or
other
mater
then
is
due
.
Distresses
are
in
nature
no
other
then
a
summons
in
act
or
the
bringing
of
a
man
to
answer
by
seisure
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
prevaile
in
the
issue
,
yet
prevailed
so
farre
as
the
defendant
could
not
escape
without
charge
and
hindrance
;
Henricus
Rex
Ang.
Hominibus
Abbatis
de
Ramsey
salutem
.
The
Common
pleas
shall
be
holden
in
one
certaine
place
.
The
Office
of
Judge
of
the
Common-pleas
was
in
my
opinion
distinct
and
severall
from
that
of
the
Crown
pleas
;
nor
though
one
and
the
same
man
might
execute
both
authorities
,
doth
it
therefore
follow
that
it
was
by
one
and
the
same
power
?
as
if
being
Judge
,
he
had
thereby
power
in
all
matters
of
the
Common
pleas
,
and
also
of
the
Crown
:
for
though
it
be
true
that
Bracton
saith
,
the
King
hath
one
proper
court
wherein
are
the
chiefest
Judges
,
Assize
of
Novel
Disseisin
and
Mortdancester
shall
be
determined
in
the
proper
County
onely
,
itinerant
sent
by
the
King
or
his
chiefe
Iustices
.
The
law
was
so
declared
in
Henry
the
seconds
time
,
and
was
questionlesse
put
in
practise
;
so
farre
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
Kings
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
tried
elsewhere
in
that
circuit
;
which
sheweth
that
the
Judges
itinerant
had
their
time
proportioned
out
to
every
County
.
These
trials
also
were
so
favoured
,
Darraine
presentment
shall
be
taken
onely
in
the
common
Banke
.
Trials
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
availeable
.
This
might
be
one
cause
why
the
Titles
of
Churches
were
still
retained
at
the
common
Bank
,
when
as
all
other
rode
circuit
.
For
that
Churches
affaires
in
those
times
were
of
high
regard
:
Speed
of
triall
also
was
not
little
regarded
herein
;
for
Justices
by
Nisi
prius
properly
were
but
for
inquiry
till
the
Statute
at
Westm.
the
second
made
them
of
Oyer
and
terminer
in
the
cases
of
Quare
impedit
and
Darraine
presentment
,
Free
men
shall
be
amerced
according
to
the
degree
of
the
fault
,
saving
to
them
their
free
hold
,
and
to
Merchants
their
maine
stocke
,
and
to
villaines
their
Waynage
;
and
Clergy
men
shall
be
amerced
according
to
their
Lay
fee.
Barrons
shall
be
amerced
by
their
Peeres
,
others
by
the
vicinage
.
In
this
,
regard
is
to
be
had
first
of
the
persons
that
are
to
be
amerced
,
then
of
the
parties
by
whom
,
and
lastly
of
the
nature
and
quantity
of
amercements
.
The
persons
amerced
are
ranked
into
foure
Classes
:
Barons
,
Clergy
,
Free
men
,
and
villaines
.
But
in
regard
of
the
parties
by
whom
they
are
to
be
amerced
,
they
are
but
two
,
Barons
and
Freemen
,
for
the
Clergy
villaines
and
free
men
are
to
be
amerced
by
the
free
men
of
the
neighbourhood
.
No
man
shall
be
compelled
to
make
repaire
,
or
maintaine
any
bridges
,
banks
,
or
causies
,
other
or
otherwise
then
they
were
wont
to
be
made
,
repaired
,
or
maintained
in
the
time
of
Henry
the
second
.
The
limitation
to
the
times
of
Henry
the
second
,
sheweth
that
his
justice
was
such
as
maintained
the
common
rights
of
men
;
but
in
the
times
of
Richard
the
first
,
No
Sheriff
,
Constable
,
Coroner
,
or
other
Bayliff
,
shall
hold
any
pleas
of
the
Crown
.
Escheators
are
also
expressed
in
the
old
bookes
of
Magna
carta
,
and
the
abridgements
,
however
it
seemeth
that
it
s
within
the
intent
of
the
law
,
which
was
made
to
avoyd
the
extraordinary
oppression
that
these
Officers
exercised
upon
the
people
.
For
Escheators
under
colour
of
inquiry
of
estates
of
men
would
inquire
of
matters
concerning
the
lives
of
men
,
and
Sheriffs
that
had
power
of
trials
in
cases
of
theft
,
as
hath
been
already
shewen
,
If
the
Kings
tenant
dieth
supposed
in
arreare
,
an
inventory
shall
be
made
of
his
stocke
by
honest
men
,
but
it
shall
not
be
removed
till
accounts
be
cleared
;
and
the
overplus
shall
go
to
the
Executors
,
saving
to
the
wife
and
children
their
reasonable
part
.
The
first
clause
hereof
was
a
law
in
Henry
the
firsts
time
,
and
a
customary
law
in
Henry
the
seconds
time
,
No
purveyance
for
any
Castle
out
of
the
same
Town
where
the
Castle
is
,
but
present
satisfaction
must
be
made
:
and
if
in
the
same
Town
,
satisfaction
must
be
made
within
forty
daies
.
Purveyance
was
ancient
provision
for
the
necessities
of
the
publique
,
and
so
farre
was
commendable
,
seeing
it
s
not
the
common
case
of
all
men
to
regard
the
publique
above
their
own
private
interest
;
therefore
the
publique
must
provide
for
it selfe
,
by
their
meanes
in
whom
the
publique
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
publique
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
Townes
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
keepe
them
in
awe
,
they
were
neverthelesse
by
continuance
together
become
tractable
,
and
conspired
for
the
mutuall
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
,
is
principally
liable
to
that
duty
,
because
their
safety
is
more
principally
interested
;
and
therefore
prizes
there
taken
may
be
payd
at
a
day
to
come
;
but
in
all
other
places
immediately
.
Neverthelesse
this
lasted
not
long
,
for
the
souldiers
found
out
a
tricke
of
favouring
their
own
quarters
,
and
preserving
them
in
heart
against
a
back
winter
,
knowing
that
at
such
times
its
better
to
seeke
for
provision
nigh
,
then
to
be
compelled
to
seeke
far
off
.
But
this
Stratagem
was
cut
off
by
the
next
King
,
who
inhibited
all
manner
of
purveyance
in
any
other
Town
,
He
that
serveth
in
Castle-guard
is
not
liable
to
payment
of
rent
for
that
service
;
Nor
is
he
compellable
to
either
,
so
long
as
he
is
in
the
service
in
the
Army
.
By
the
ancient
custome
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
Knightservice
,
and
that
it
was
not
annuall
;
but
promiscuously
Knights
might
either
performe
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
doe
the
service
in
his
own
person
,
or
by
his
Esquire
,
or
another
appointed
by
him
thereto
.
No
Knights
nor
Lords
,
nor
Church-mens
Carriages
,
nor
no
mans
wood
shall
be
taken
against
the
owners
consent
;
Nor
shall
any
mans
Carriages
be
taken
if
he
will
pay
the
hire
limited
by
the
Law
.
Churchmen
were
exempted
from
charge
to
the
Kings
carriages
meerely
in
favour
to
the
Canon
which
exempted
the
goods
of
the
Clergy
from
such
lay
service
;
neverthelesse
the
complaints
of
the
Clergy
formerly
mentioned
shew
that
this
was
not
duely
observed
.
Knights
and
Lords
were
discharged
not
onely
for
the
maintenance
of
their
port
;
but
more
principally
because
they
were
publique
servants
for
the
defence
of
the
Kingdome
in
time
of
warre
;
and
the
Kingdome
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
then
the
yeere
and
a
day
,
and
the
Lord
is
to
have
the
remainder
.
Anciently
the
Lords
had
all
the
estate
of
felons
being
their
tenants
,
All
weares
shall
be
destroyed
but
such
as
are
by
the
Sea
coaste
.
The
Lieutenant
of
the
Tower
of
London
as
it
seemed
claimed
a
Lordship
in
the
Thames
,
and
by
vertue
thereof
had
all
the
weares
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
high
waies
,
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
Kingdome
had
not
the
like
present
regard
as
the
City
of
London
had
.
The
Writ
of
precipe
in
capite
shall
not
be
granted
of
any
free
hold
,
whereby
a
man
may
be
in
danger
of
loosing
his
Court
thereby
.
It
seemeth
that
it
was
one
of
the
oppressions
in
those
times
that
if
a
suit
were
commenced
in
the
inferiour
or
Lords
court
,
concerning
a
free
hold
.
A
Writ
of
praecipe
in
capite
might
be
had
upon
a
surmise
that
the
free
hold
was
holden
in
capite
,
which
might
prove
an
absolute
destruction
to
the
inferiour
Court
,
and
was
the
spoile
of
the
demandants
case
;
and
therefore
I
thinke
the
charter
of
King
John
instead
of
the
word
court
hath
the
word
cause
.
There
shall
be
but
one
known
weight
and
measure
,
and
one
breadth
of
Cloathes
throughout
the
Realme
of
England
.
This
law
of
weights
and
measures
was
anciently
established
amongst
the
Saxons
,
Inquisition
of
life
and
member
shall
be
readily
granted
without
fees
.
It
was
a
Law
of
latter
originall
,
made
to
take
away
a
Norman
oppression
;
for
by
the
Saxon
law
,
as
hath
been
already
noted
,
no
man
was
imprisoned
for
crime
not
baylable
)
beyond
the
next
County
court
or
Sheriffs
Torne
;
but
when
those
rurall
Courts
began
to
lose
their
power
,
and
the
Kings
courts
to
devoure
trials
of
that
nature
,
especially
by
the
meanes
of
the
Justices
itinerant
,
which
were
but
rare
,
and
for
divers
yeeres
many
times
intermitted
,
during
all
which
time
supposed
offenders
must
lie
in
prison
,
which
was
quite
contrary
to
the
liberty
of
the
freemen
amongst
the
Saxons
;
it
occasioned
a
new
device
to
save
the
common
liberty
by
speciall
Writs
sued
out
by
the
party
imprisoned
or
under
baile
,
supposing
himselfe
circumvented
by
hatred
and
malice
;
and
by
the
same
directed
to
the
Sheriffe
and
others
an
inquisition
was
taken
and
triall
made
of
the
offence
,
whether
he
deserved
losse
of
life
or
member
;
and
if
it
were
found
for
the
supposed
offender
he
was
bailed
till
the
next
comming
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
counterchecke
from
the
Law
.
Or
first
rather
a
regulation
;
Lords
shall
have
the
Wardships
of
their
Tenants
heires
,
although
they
hold
also
of
the
King
in
Petit
Serjeanty
,
Soccage
,
Burgage
,
or
fee
Farme
.
Inferiour
Lords
had
the
same
right
of
Wardships
with
the
King
for
their
tenures
in
Knightservice
,
although
their
tenants
did
hold
also
of
the
King
,
unlesse
they
held
of
him
in
Knight-service
,
which
was
a
service
to
be
done
by
the
tenants
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
Armes
,
or
other
utensiles
:
this
was
no
Knightservice
though
such
utensiles
concerned
warre
,
Petit
Serjeanty
,
as
in
the
Lawbookes
doth
appeare
.
Neverthelesse
Henry
the
third
had
usurped
Wardships
in
such
cases
also
and
the
same
amongst
others
occasioned
the
Barons
wars
.
No
judge
shall
compell
a
freeman
to
confesse
matter
against
himselfe
upon
oath
without
complaint
first
made
against
him
.
Nor
shall
receive
any
complaint
without
present
proofe
.
This
law
in
the
originall
is
set
down
in
another
kind
of
phrase
in
the
first
part
thereof
,
which
is
obscure
by
reason
thereof
:
in
expresse
words
it
is
thus
,
No
Judge
shall
compell
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
inquired
after
;
and
therefore
they
used
in
such
cases
to
put
him
to
oath
,
and
if
he
denied
the
matter
or
acquitted
himselfe
,
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
tricke
first
brought
in
by
the
Clergy
and
the
temporall
Judges
imitated
them
therein
;
and
this
became
a
snare
and
sore
burden
to
the
subjects
.
To
avoyd
which
they
complaine
of
this
new
kind
of
triall
;
and
for
remedy
of
this
usurpation
,
this
law
reviveth
and
establisheth
the
onely
and
old
way
of
triall
;
for
Glanvill
saith
,
Ob
infamiam
non
solet
juxta
legem
terrae
aliquis
per
legem
apparentem
se
purgare
,
nisi
prius
convictus
fuerit
vel
confessus
in
curia
:
Et
inde
producit
sectam
suam
,
that
is
,
he
brings
his
sect
or
suite
,
or
such
as
doe
follow
or
affirme
his
complaint
,
as
an
other
part
also
is
implied
in
those
words
Et
hoc
paratus
est
verificare
.
No
free
men
shall
be
imprisoned
or
disseised
of
his
freehold
or
liberties
,
outlawed
or
banished
or
invaded
,
but
by
the
Law
of
the
Land
,
and
judgement
of
his
Peeres
.
Nor
shall
justice
be
sold
,
delayed
or
denied
.
It
s
a
comprehensive
law
,
and
made
up
of
many
Saxon
laws
;
or
rather
an
inforcement
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
ingresse
and
egresse
.
His
estate
both
reall
and
personall
shall
also
be
under
the
protection
of
the
Law
,
and
the
law
also
shall
be
free
,
neither
denied
nor
delayed
.
I
thinke
it
needlesse
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
summe
of
all
the
foregoing
discourse
tendeth
thereto
.
Merchants
shall
have
free
and
safe
passage
and
trade
without
unjust
taxes
,
as
by
ancient
custome
they
ought
.
In
time
of
warre
such
as
are
of
the
enemies
Countries
shall
be
secured
till
it
appeare
how
the
English
Merchants
are
used
in
their
Countries
.
That
this
was
an
ancient
law
the
words
thereof
shew
,
besides
what
may
be
observed
out
of
the
Laws
of
Aetheldred
and
other
Saxon
laws
.
So
as
it
appeareth
that
not
onely
the
English
free
men
and
natives
had
their
liberties
asserted
by
the
law
,
but
also
forrainers
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
lawfull
for
every
free
man
to
passe
freely
to
and
from
this
Kingdome
,
saving
fealty
to
the
King
,
unlesse
in
time
of
warre
;
and
then
also
for
a
short
space
,
as
may
be
for
the
common
good
,
excepting
prisoners
,
outlaws
,
and
those
Countrey-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
Kingdome
was
not
anciently
fundamentall
,
but
onely
grounded
upon
reason
of
State
,
although
the
free
men
have
liberty
of
free
passage
within
the
Kingdome
according
to
that
originall
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
Jewes
,
which
because
it
left
an
influence
behind
it
(
after
the
Jewes
were
extinct
in
this
Nation
)
and
which
continueth
even
unto
this
day
,
I
shall
incert
it
in
this
short
summe
.
After
death
of
the
Jewes
debtor
no
usury
shall
be
payd
during
the
minority
of
the
heire
,
though
the
debt
shall
come
into
the
Kings
hand
.
And
the
debt
shall
be
payd
,
saving
to
the
wife
her
dower
and
maintenance
for
the
children
,
according
to
the
quantity
of
the
debtors
Land
,
and
saving
the
Lords
service
;
and
in
like
manner
of
debts
to
others
.
The
whole
doctrine
of
usury
fell
under
the
title
of
Jewes
;
for
it
seemeth
it
was
their
trade
,
and
their
proper
trade
hitherto
.
Tenants
Lands
holden
of
Lands
escheated
to
the
King
shall
hold
by
the
same
services
as
formerly
.
In
all
alienations
of
Lands
sufficient
shall
be
left
for
the
Lords
distresse
.
de
facto
tenants
did
usually
alien
their
whole
tenancy
;
and
although
they
could
not
thereby
barre
the
Lords
right
,
yet
because
the
Lord
could
not
in
such
case
have
the
distresse
of
his
own
tenant
,
this
law
saved
so
much
from
alienation
,
as
might
serve
for
security
of
the
Lords
distresse
.
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
,
No
man
shall
be
appealed
by
a
woman
for
the
death
of
any
but
her
own
husband
.
The
right
of
appeale
is
grounded
upon
the
greatest
interest
.
Now
because
the
wives
interest
seemeth
wholy
to
be
swallowed
up
in
her
husband
;
therefore
she
shall
have
an
appeale
of
the
death
of
him
onely
;
and
such
also
was
the
Law
in
Glanvils
time
.
How
far
this
point
of
interest
shall
extend
to
the
degrees
of
consanguinity
the
Norman
Law
formerly
hath
shewen
.
And
against
whom
appeales
did
lie
the
Statute
at
Westminster
tels
us
,
viz.
not
onely
against
the
principall
,
The
County
court
shall
be
holden
at
the
wonted
time
.
The
Torne
shall
be
holden
at
the
accustomed
place
twice
in
the
yeere
,
viz.
after
Easter
and
Michaelmas
.
The
view
of
Frank
pledges
shal
be
holden
at
Michalmas
The
Sheriffe
shall
not
extort
.
The
Sheriffs
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
compasse
of
these
few
yeeres
by
two
laws
,
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
Kingdome
,
except
for
the
redeeming
of
the
Kings
person
,
making
of
his
eldest
sonne
a
Knight
,
and
one
marriage
of
his
eldest
daughter
;
and
for
this
there
shall
be
onely
reasonable
ayd
.
And
in
like
manner
shall
the
ayds
of
the
City
of
London
be
set
.
And
for
the
assessing
of
Escuage
we
will
summon
the
Archbishops
,
Bishops
,
Abbots
,
Earles
,
and
greater
Barons
of
the
Kingdome
,
specially
by
our
severall
Writs
,
and
will
cause
to
be
summoned
in
generall
by
our
Sheriffs
and
Bayliffs
all
other
our
tenants
in
capite
to
be
at
a
certaine
day
after
forty
daies
at
the
least
,
and
at
a
certaine
place
;
and
we
will
set
down
the
cause
in
all
our
Writs
.
And
the
matter
at
the
day
appointed
shall
proceed
according
to
the
councell
of
those
that
shall
be
present
,
although
all
that
were
summoned
doe
not
come
.
And
we
will
not
allow
any
man
to
take
ayd
of
his
free
men
,
unlesse
for
redemption
of
his
body
,
and
making
his
eldest
sonne
a
Knight
,
and
one
marriage
for
his
eldest
daughter
;
and
this
shall
be
a
reasonable
ayd
onely
.
Thus
farre
the
Charter
of
King
John
concerning
this
point
of
taxe
or
assessment
;
and
if
the
History
saith
true
the
Charter
of
Henry
the
third
was
one
and
the
same
with
that
of
King
John
then
either
this
was
not
left
out
in
Henry
the
thirds
Charter
,
in
that
Historians
time
;
No
Escuage
shall
be
demanded
,
or
granted
,
or
taken
,
but
for
redeeming
the
Kings
person
,
Knighting
of
his
sonne
,
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
custome
,
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
,
or
notwithstanding
the
Kings
negative
voice
;
for
the
words
are
The
matter
at
that
day
shall
proceed
according
to
the
councell
of
those
that
shall
be
present
,
although
all
doe
not
come
;
and
therefore
that
clause
in
the
Kings
oath
quas
vulgus
eligerit
may
well
be
understood
in
the
future
,
and
not
in
the
pretertence
.
Last
of
all
,
though
not
gathered
from
the
text
of
this
law
,
whereof
we
treat
,
yet
being
coincident
with
the
matter
it
is
observable
that
though
the
Clergy
were
now
in
their
ruffle
,
and
felt
themselves
in
their
full
strength
;
yet
there
befell
a
posture
of
state
that
discovered
to
the
world
that
the
English
held
not
the
interest
of
the
Clergy
to
be
of
such
publique
concernment
,
or
necessary
concurrence
in
the
government
of
the
Kingdome
,
And
thus
have
I
summed
up
and
compared
both
the
copies
of
the
grand
Charters
of
Englands
liberties
(
saving
two
particulars
inserted
into
the
Forest
laws
of
Henry
the
third
,
wherein
if
any
thing
had
been
new
and
unreasonable
King
John
might
have
colour
to
except
against
them
as
extorted
by
force
,
and
Henry
the
third
might
(
as
he
was
advised
)
plead
nonage
,
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
fooles
and
ideots
lands
for
their
maintenance
,
and
shall
render
the
same
to
their
heires
.
And
concerning
mad-men
and
lunaticks
,
the
King
shall
provide
a
Baylisse
for
their
maintenance
,
rendring
account
to
them
when
they
are
sober
,
or
to
their
administrators
.
It
is
no
lesse
liberty
or
priviledge
of
the
people
that
fooles
and
mad
persons
are
to
be
ordered
by
tutors
then
children
,
and
therefore
this
may
be
annexed
to
the
rest
of
the
liberties
as
well
as
the
other
.
Neverthelesse
it
seemeth
that
the
Laws
tooke
them
into
their
regard
in
respect
of
their
estates
,
which
might
be
abused
to
the
prejudice
of
the
publique
,
rather
then
out
of
respect
had
to
their
persons
.
Now
because
there
is
a
difference
between
the
disability
of
these
persons
,
the
one
being
perpetuall
the
other
temporary
;
therefore
is
there
also
by
these
laws
a
difference
in
the
disposall
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
naturall
affection
going
along
with
the
blood
;
and
this
so
continued
in
custome
untill
these
times
:
for
though
the
Miror
of
Justices
saith
,
that
Henry
the
first
brought
in
that
course
of
giving
the
custody
of
these
disabled
persons
to
the
King
,
as
hath
been
formerly
observed
,
yet
Bracton
that
wrote
long
after
the
time
of
Henry
the
first
,
speaking
of
these
kind
of
persons
saith
,
Talibus
de
necessitate
dandus
est
tutor
vel
curator
;
not
so
much
as
mentioning
the
King
in
the
case
.
And
in
another
place
,
speaking
of
such
as
are
alieni
juris
saith
,
that
some
are
under
the
custody
of
their
Lords
,
and
others
under
their
parents
and
friends
.
The
King
shall
have
the
wrecks
of
the
Sea
.
What
shall
be
called
a
wreck
the
Statute
at
Westm.
1.
declareth
,
viz.
where
the
ship
so
perisheth
that
nothing
therein
escapeth
alive
;
and
these
are
rather
in
their
originall
committed
to
the
King
as
a
curator
,
then
given
him
as
a
proprietor
,
although
that
custome
hath
since
setled
a
kind
of
right
,
which
may
perhaps
be
accounted
rather
a
title
by
estoppell
.
For
the
fundamentall
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
appeare
.
The
heire
in
Socage
tenure
shall
have
an
action
of
waste
,
and
an
accompt
against
his
guardian
for
the
profits
of
his
lands
and
mariage
.
The
heire
in
Socage
being
under
age
shall
also
be
under
custody
of
such
guardian
of
the
next
kindred
,
Widdows
deforced
of
their
Dower
of
Quarentine
shall
by
action
recover
damages
till
they
recover
their
Dower
.
They
shall
also
have
power
to
divise
their
crop
arising
from
her
Dower
.
Writs
de
consimili
casu
granted
in
cases
that
fall
under
the
same
Law
and
need
the
same
remedy
,
and
such
Writs
shall
be
made
by
agreement
of
the
Clerks
in
the
Chancery
,
and
advice
of
such
as
are
skilfull
in
the
Law
.
It
was
none
of
the
meanest
liberties
of
the
freemen
of
England
that
no
Writs
did
issue
forth
against
them
,
but
such
as
were
anciently
in
use
,
and
agreed
upon
in
Parliament
.
And
it
was
no
lesse
a
grievance
and
just
cause
of
complaint
,
that
Kings
used
to
send
Writs
of
new
impression
to
execute
the
dictates
of
their
own
wils
,
and
not
of
the
Laws
of
the
Kingdome
,
Aide
to
make
the
sonne
of
the
Lord
a
Knight
,
and
to
marry
his
eldest
daughter
shall
be
assessed
after
the
rate
of
twenty
shillings
for
a
Knights
fee
,
and
twenty
shillings
for
twenty
pounds
in
yeerely
value
of
Soccage
tenure
.
The
uncertainties
of
ayds
are
by
this
Law
reduced
and
setled
as
touching
the
summe
,
and
thereby
delivered
the
people
from
much
oppression
,
which
they
suffered
formerly
.
Nor
was
onely
the
particular
summe
hereby
,
but
also
the
age
of
the
sonne
when
he
was
to
be
made
a
Knight
,
viz.
at
the
age
of
fifteen
yeeres
;
too
soon
for
him
to
performe
Knightservice
,
but
not
too
soone
for
the
Lord
to
get
his
money
.
And
the
daughter
likewise
was
allowed
to
be
fit
for
marriage
at
seven
yeeres
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
gaine
that
made
the
Law
,
and
it
was
not
amisse
to
have
the
ayd
beforehand
,
though
the
marriage
succeeded
not
for
many
yeeres
after
;
and
if
the
Lord
died
in
the
interim
the
executors
having
assets
paied
it
,
or
otherwise
his
heire
.
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
latter
birth
,
albeit
even
they
also
have
been
of
ancient
constitution
,
and
divers
of
them
itinerant
also
,
and
some
of
them
setled
in
one
place
.
The
worke
of
the
Justices
itinerant
was
universall
,
comprehending
both
matters
of
the
Crown
and
Common-pleas
.
That
of
oyer
and
terminer
is
onely
of
Crown
pleas
originally
commenced
,
and
inquired
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
worke
,
that
is
,
to
deliver
the
Gaols
of
all
criminall
offenders
formerly
indicted
or
before
themselves
.
Justices
of
Assize
and
Nisi
prius
are
to
have
cognisance
of
Common
pleas
onely
,
and
for
the
most
part
are
but
fo
inquiry
.
All
which
saving
the
Justices
itinerant
in
ancient
use
were
instituted
about
these
times
,
and
therewith
ended
both
the
worke
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
severall
persons
,
some
sitting
upon
the
Common
pleas
,
others
upon
the
Crown
pleas
:
The
Judges
of
these
journying
courts
were
specially
assigned
by
the
King
,
as
in
the
case
of
the
Gaole-delivery
or
setled
by
the
Law
upon
the
Judges
of
both
benches
at
Westminster
,
as
in
case
of
oyer
and
terminer
,
Now
concerning
the
Courts
that
were
setled
:
some
were
setled
or
annexed
to
the
Kings
personall
residence
,
as
the
Chancellours
Court
;
for
in
these
times
it
began
to
have
a
judiciary
power
of
eminent
stature
,
and
growing
out
of
the
decayes
of
the
great
chiefe
Justice
of
England
.
Then
also
the
Kings
bench
was
annexed
by
the
same
Law
unto
the
Kings
Court
or
personall
residence
,
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
rurall
,
and
affixed
also
to
some
certaine
place
,
either
of
the
County
or
Town
,
or
other
particular
place
.
That
of
the
County
suffered
in
these
times
great
diminution
,
even
almost
to
destruction
by
a
Law
restraining
the
power
thereof
onely
to
trespasses
of
40
s.
value
or
under
;
CHAP.
LXIX
.
Of
Coroners
,
Sheriffs
,
and
Crown
pleas
.
COreners
shall
be
chosen
in
the
county
from
the
wisest
,
greatest
,
and
chiefe
men
of
the
country
.
Of
these
Officers
formerly
hath
been
spoken
,
as
touching
their
election
,
qualification
,
and
worke
:
this
Law
brought
in
no
change
of
any
former
Law
,
but
onely
of
a
former
custome
gained
by
these
degenerating
times
,
which
brought
men
into
place
that
were
farre
unfit
,
who
otherwise
of
poore
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
hold
these
men
to
their
worke
of
taking
inquests
and
appeales
by
indenture
between
themselves
and
the
Sheriff
,
and
these
were
to
be
certified
at
the
next
comming
of
the
Justices
.
The
Free
holders
in
every
county
if
they
will
shall
elect
their
own
Sheriff
,
unlesse
the
Sheriffwicke
be
holden
in
see
.
This
was
indeed
the
ancient
custome
:
as
the
Officers
of
the
Kingdome
were
eligible
by
the
Common-councell
of
the
Kingdome
,
Homicide
by
mis-fortune
shall
not
be
adjudged
murther
.
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
,
unlesse
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
losse
of
member
,
to
death
and
forfaiture
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
daies
.
Robbery
punished
with
death
.
This
crime
hitherto
was
punished
by
fine
and
losse
of
member
at
the
utmost
but
is
now
made
capitall
,
&
punished
with
death
.
One
example
whereof
,
and
the
first
that
story
maketh
mention
of
we
finde
of
an
Irish
Nobleman
in
the
daies
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
civill
warre
in
a
Nation
who
value
their
estates
and
liberties
above
their
owne
lives
.
Rape
upon
the
complaint
of
the
party
violated
,
made
within
forty
daies
,
shall
have
right
.
If
the
delinquent
be
convicted
without
such
complaint
made
he
shall
be
fined
and
imprisoned
.
Before
this
Law
this
crime
was
but
finable
unlesse
the
fact
was
committed
upon
a
virgin
,
for
then
the
member
was
lost
.
And
this
was
the
Saxons
Law
;
but
the
Normans
inflicted
the
losse
of
the
member
upon
all
delinquents
in
any
rape
.
Nor
was
this
made
fellony
by
any
law
or
custome
that
I
can
finde
,
till
about
these
daies
.
It
s
true
that
Canutus
punished
it
capitis
aestimatione
,
by
way
of
compensation
,
which
rather
gives
a
rule
of
dammages
to
the
party
wronged
then
importeth
a
punishment
inflicted
for
an
offence
done
against
the
Crown
,
as
if
it
were
thereby
made
capitall
.
But
for
the
more
certainty
of
the
penalty
,
another
law
provideth
that
if
the
rape
be
committed
without
the
womans
consent
subsequent
she
may
have
an
appeale
of
Rape
.
partee
per
fess
French
and
Latine
:
so
farre
thereof
as
concerneth
death
was
written
in
French
,
being
the
most
known
language
to
the
great
men
in
generall
,
many
of
whom
were
French
,
by
reason
of
the
interest
that
Henry
the
third
had
with
France
in
his
late
warres
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
Nunne
from
her
house
shall
suffer
imprisonment
for
three
yeeres
,
and
render
dammages
to
the
house
.
This
crime
was
formerly
onely
inwombed
in
the
Canon
law
,
and
now
borne
and
brought
forth
into
the
condition
of
a
Statute
law
,
rather
to
vindicate
the
right
of
the
free
men
,
then
in
any
respect
had
to
the
Clergy
,
Osborne
Gifford
,
nor
could
he
get
absolution
but
upon
his
penance
:
first
he
was
displed
with
rods
three
times
,
once
in
the
open
Church
at
Wilton
,
then
in
the
market-place
at
Shaftsbury
,
and
lastly
in
the
publique
Church
there
;
then
he
must
fast
divers
moneths
.
Lastly
,
he
must
be
disrobed
of
all
Military
habiliments
,
viz.
Guilt
Spurs
,
Sword
,
Saddell
,
golden
Trappings
,
and
to
use
no
brave
garments
,
but
russet
,
with
Lambe
and
Sheepe
skins
;
to
use
no
shirt
,
nor
take
up
his
order
againe
untill
he
had
spent
three
yeeres
pilgrimage
in
the
Holy
land
:
and
unto
this
penance
the
Knight
by
oath
bound
himselfe
.
A
strange
power
,
and
to
represse
which
it
was
time
for
the
people
to
looke
about
them
,
and
rather
to
punish
delinquents
themselves
,
then
to
leave
it
to
the
will
of
such
men
as
never
had
enough
.
Concealment
or
neglect
of
apprehending
of
felons
punished
by
fine
and
imprisonment
.
Concealment
of
Felons
.
West
.
1.
cap.
9.
In
those
ancient
times
pursuits
of
felons
with
hui
and
cry
were
made
by
Lords
of
mannors
,
Bailiffs
of
liberties
,
Sheriffs
,
and
Coroners
,
whereas
now
they
are
made
by
Constables
.
See
more
in
the
Chapter
of
peace
.
Escapes
also
were
punished
with
fine
and
imprisonment
:
and
in
some
places
the
Lord
had
the
fine
,
in
other
places
the
Sheriff
,
and
in
some
cases
the
King
;
Persons
defamed
for
felony
,
Defamed
Felons
.
West
.
1.
cap.
●
not
submitting
to
triall
by
Law
,
shall
be
committed
to
close
and
hard
imprisonment
.
It
hath
been
accounted
an
extreame
construction
of
this
law
,
and
questionlesse
so
it
is
,
that
this
Law
should
warrant
that
punishment
of
pressing
to
death
which
hath
been
of
later
times
more
constantly
used
then
former
times
ever
knew
of
;
for
though
it
be
granted
that
some
tricke
of
torture
was
sometimes
used
,
even
before
the
Norman
times
,
and
so
might
now
and
then
leave
some
few
examples
after
the
Norman
times
,
yet
did
the
law
never
patronise
such
courses
,
especially
if
the
death
of
the
party
suspected
ensued
thereupon
,
O
nore
,
fame
,
&c.
because
in
the
one
there
was
a
fact
affirmed
against
him
by
a
witnesse
,
and
in
the
other
onely
a
fame
or
suspition
,
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
daies
.
Baile
shall
not
be
allowed
to
Out-laws
fore-jured
,
Thieves
taken
in
the
act
,
notorious
Thieves
,
appealed
persons
,
burners
of
houses
,
breakers
of
prison
;
false
coiners
,
counterfeiters
of
the
Broad-seale
;
prisoners
upon
excommunication
,
open
malefactors
,
and
Traitors
against
the
King
.
The
six
first
are
in
nature
of
persons
attainted
either
upon
their
own
confession
,
or
such
manifest
evidence
as
in
common
reason
cannot
be
gainsayd
;
all
which
were
before
this
law
under
baile
;
yea
the
last
of
all
,
de
homine
replegnando
without
the
Bishops
consent
.
Spreaders
of
false
news
.
West
.
1.
cap.
34.
Publishers
of
false
news
whereby
discord
or
slander
may
arise
between
the
King
and
his
people
,
shall
be
imprisoned
till
he
produce
the
relator
.
It
is
therefore
an
offence
against
the
Crown
to
procure
or
maintaine
an
ill
conceipt
in
the
King
of
the
people
,
or
an
ill
conceipt
in
the
people
of
the
King
;
and
it
s
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
mans
parson
;
&
all
men
are
equally
bound
by
that
woe
,
if
they
call
good
evill
,
or
evill
good
;
although
difference
must
be
made
in
the
manner
of
representation
.
And
upon
this
ground
of
maintaining
strife
was
a
law
made
also
against
conspiracy
to
make
or
maintaine
indictment
,
Redisseisors
and
post
disseisors
found
upon
verdict
before
the
Sheriff
,
Coroners
,
and
Knights
shall
be
imprisoned
.
Formerly
redisseisin
was
under
no
other
Law
then
that
of
disseisin
,
but
by
this
law
made
a
matter
belonging
to
the
Crown
,
and
tried
before
the
same
Judges
that
had
the
power
of
inquiry
of
all
offences
against
the
Crown
.
The
penalty
of
imprisonment
in
this
case
was
to
be
without
baile
,
Trespassers
upon
Parks
.
West
.
1.
cap.
20.
Trespassers
in
Parks
and
Fishponds
convicted
within
a
yeere
and
a
day
shall
render
dammages
,
suffer
imprisonment
for
three
yeeres
,
and
give
security
of
good
behaviour
for
time
to
come
.
If
any
beasts
be
taken
in
a
felonious
manner
he
shall
be
proceeded
against
as
a
robber
.
From
the
times
of
King
Steven
the
Lords
and
great
men
endeavoured
to
advance
their
power
and
greatnesse
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
layd
aside
:
yet
the
violence
of
these
times
being
such
,
as
(
though
felonies
were
somewhat
dreaded
)
trespasses
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
,
CHAP.
LXX
.
Of
the
Militia
during
these
Kings
reignes
.
THe
Souldiery
of
England
may
be
considered
first
in
regard
of
the
persons
.
Secondly
,
their
armes
.
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
plow
;
and
concerning
them
both
it
is
to
be
considered
what
the
law
made
by
Edward
the
second
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
Knightservice
ought
to
be
Knights
,
but
de
facto
were
not
;
so
as
in
these
times
there
was
a
further
worke
to
make
a
man
a
Knight
then
his
bare
tenure
;
for
such
onely
were
milites
facti
,
who
had
both
Lands
sufficient
to
maintaine
the
Armes
and
state
of
a
Knight
;
and
also
a
body
fit
to
undertake
the
service
in
his
own
person
,
and
whereof
he
had
given
sufficient
proofe
in
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
civill
warres
,
in
which
they
had
much
impaired
both
their
bodies
and
estates
.
This
rendred
the
strength
of
the
Kingdome
and
Militia
so
much
decayed
and
the
minds
of
men
so
weared
that
they
began
to
love
ease
before
the
times
would
brooke
it
,
and
a
cessation
from
Arme
before
they
had
any
mind
to
peace
.
The
Parliament
espied
the
danger
,
&
how
necessary
it
was
for
the
people
to
be
well
armed
in
these
times
of
generall
broile
;
and
upon
that
ground
allowed
this
law
to
passe
,
that
all
such
as
had
Lands
worth
20
li.
yeerly
besides
reprisals
should
be
ready
not
to
be
Knights
(
nor
under
the
favour
of
others
is
there
any
ancient
president
to
warrant
it
)
but
to
finde
or
to
enter
the
field
with
the
Armes
of
a
Knight
,
or
provide
some
able
person
to
serve
in
their
stead
unlesse
they
were
under
21
yeeres
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
.
Neverthelesse
of
such
as
were
grown
to
full
age
,
yet
were
maimed
impotent
,
or
of
meane
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
their
persons
were
they
bound
.
But
as
touthing
such
that
were
under
present
onely
,
and
not
perpetuall
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
armes
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
Brestplate
or
coate
of
maile
:
Of
the
second
sort
were
the
Sword
and
Lance
;
And
unto
all
a
horse
must
be
provided
.
These
Armes
especially
the
defensive
haue
been
formerly
under
alteration
,
for
the
Brestplate
could
not
be
worne
with
the
coate
of
maile
,
and
therefore
must
be
used
as
occasion
was
provided
of
either
;
and
for
this
cause
the
service
of
a
Knight
is
called
by
severall
names
;
sometimes
from
the
horse
,
sometimes
from
the
Lance
,
sometimes
from
the
Helmet
,
and
not
seldome
from
the
coat
of
maile
.
The
power
of
immediate
command
or
calling
forth
the
Knights
to
their
service
in
its
own
nature
was
but
ministeriall
and
subservient
to
that
power
that
ordered
warre
to
be
leavied
:
and
therefore
as
in
the
first-Saxon
government
under
their
Princes
in
Germany
,
so
after
under
their
Kings
,
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
generall
sort
were
restrained
to
forty
daies
.
For
the
courage
of
those
times
consisted
not
in
wearying
and
wasting
the
Souldier
in
the
field
by
delayes
,
and
long
worke
in
wheeling
about
,
and
retiring
,
but
in
playing
their
prizes
like
two
combitants
of
resolution
to
get
victory
by
valour
,
or
to
die
.
If
upon
extraordinary
occasions
the
warre
continued
longer
then
the
tenant
served
upon
the
pay
of
the
common
purse
.
The
end
of
the
service
of
the
Tenant
(
viz.
their
Lords
defence
in
the
defence
of
the
Kingdom
)
stinted
their
work
within
certain
bounds
of
place
,
beyond
which
they
were
not
to
be
drawn
,
unlesse
of
their
own
accord
:
and
these
were
the
borders
of
the
Dominion
of
the
Crown
of
England
,
which
in
those
daies
extended
into
Scotland
on
the
North
,
and
into
a
great
part
of
France
on
the
South
.
And
therefore
the
Earle
Marshall
of
England
(
being
by
Edw.
1.
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
Kings
threats
to
hang
him
,
yet
he
persisted
saying
he
would
neither
goe
nor
hang.
Not
onely
because
the
tenants
by
Knight
service
are
bound
to
the
defence
of
their
Lords
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
forraine
Countries
.
Nor
did
the
Earle
marshall
onely
this
,
No
tenant
in
ancient
demesnes
,
or
in
Burgage
,
shall
be
distraimed
for
the
service
of
a
Knight
.
Clerks
and
tenants
in
Socage
of
other
Manors
then
of
the
King
shall
be
used
as
they
have
been
formerly
.
Tenants
in
ancient
Demesne
and
tenants
in
Burgage
are
absolutely
acquitted
from
forraine
service
;
the
one
because
they
are
in
nature
of
the
Kings
husbandmen
,
and
served
him
and
his
family
with
victuall
:
the
other
because
by
their
tenure
they
were
bound
to
the
defence
of
their
burrough
,
which
in
account
is
a
limbe
or
member
of
the
Kingdome
,
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
,
its
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
blood
,
yet
could
never
obtaine
their
desire
;
for
though
their
persons
might
challenge
exemption
from
that
worke
,
yet
their
Lands
were
bound
to
finde
armes
by
their
deputies
,
for
otherwise
it
had
been
unreasonable
that
so
great
a
part
of
the
Kingdome
as
the
Clergy
then
had
should
sit
still
and
looke
on
,
whiles
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
alwaies
uniforme
;
some
kind
of
warres
then
were
holden
sacred
,
and
wherein
they
not
onely
adventured
their
estates
,
but
even
their
own
persons
;
and
these
not
onely
in
defensive
way
,
but
by
way
of
invasion
,
and
many
times
where
no
need
was
for
them
to
appeare
.
Tenants
in
Socage
also
in
regard
of
their
service
might
plead
exemption
from
the
warres
:
For
if
not
,
the
plough
must
stand
still
,
and
the
land
thereby
become
poore
and
lean
:
Neverthelesse
a
generall
service
of
defence
of
the
Kingdome
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
maintaine
and
defend
the
Kingdome
,
but
not
compelable
to
forraine
service
,
as
the
Knights
were
whose
service
consisted
much
in
defence
of
their
Lords
person
in
reference
to
the
defence
of
the
Kingdome
:
and
many
times
policy
of
warre
drew
the
Lords
into
Armes
abroad
to
keepe
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
Footmen
in
their
Armies
,
It
s
true
that
presidents
of
those
times
cry
up
the
Kings
power
of
arraying
all
ships
and
men
without
respect
,
unlesse
of
age
or
corporall
disability
:
but
it
will
appeare
that
no
such
array
was
but
in
time
of
no
lesse
known
danger
from
abroad
to
the
Kingdome
then
imminent
,
and
therefore
might
be
wrought
more
from
the
generall
feare
of
the
enemy
,
then
from
the
Kings
command
;
and
yet
those
times
were
alwaies
armed
in
neighbouring
Nations
,
and
Kings
might
have
pretended
continuall
cause
of
arraying
.
Secondly
,
it
will
no
lesse
clearly
appeare
,
that
Kings
used
no
such
course
but
in
case
of
generall
danger
to
the
whole
Kingdome
,
either
from
forraine
invasion
,
as
in
the
times
of
King
John
,
or
from
intestine
broiles
,
CHAP.
LXXI
.
Of
the
Peace
.
WArre
and
peace
are
two
births
by
severall
venters
,
and
may
like
the
day
and
night
succeed
,
but
can
never
inherit
each
to
other
;
and
for
that
cause
they
may
claime
to
belong
to
one
father
,
and
that
one
and
the
same
power
should
act
in
both
:
and
yet
it
s
no
good
maxime
that
he
that
is
the
chiefe
Commander
in
warre
ought
to
be
the
chiefe
in
the
order
of
peace
.
For
it
naturally
befals
that
warre
,
especially
that
which
we
call
civill
warre
,
like
some
diseases
in
the
body
does
rather
breed
ill
humours
then
consume
them
,
and
these
must
be
purged
by
dieting
the
State
,
and
constant
course
of
justice
,
unto
which
the
rugged
waves
of
warre
have
little
or
no
affinity
if
not
enmity
:
Neverthelesse
the
wisdome
of
our
ancestors
thought
it
most
meet
to
keep
their
Kings
in
worke
as
well
in
time
of
peace
as
of
war
;
and
therefore
as
they
anciently
referred
the
principall
care
thereof
to
the
Lords
,
who
together
with
certaine
select
persons
in
every
County
did
administer
justice
in
severall
iters
or
circuits
:
so
when
Kings
had
once
gotten
the
name
of
being
chief
in
civill
affaires
as
they
had
it
in
martiall
;
they
soon
left
the
Lords
behind
them
(
who
also
were
willing
enough
with
their
own
ease
)
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
vice
comitis
,
it
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
Fountaine
of
Justice
,
which
belongeth
onely
to
him
that
is
The
Most
High
,
or
Chiefe
Law-giver
.
The
manner
how
this
honourable
care
of
the
safety
and
peace
of
the
Kingdome
was
imployed
,
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
meanes
whereof
the
publique
peace
might
be
endangered
.
The
first
was
acted
diversly
according
to
the
present
sence
of
affaires
;
for
what
was
at
first
done
by
the
Princes
in
their
circuits
,
But
these
injurious
times
had
holden
too
long
to
be
forgotten
,
or
laid
aside
by
such
coole
pursuit
.
Men
were
still
ordinarily
imprisoned
,
and
so
continued
oftentimes
,
till
the
comming
of
the
Justices
itinerant
.
For
whereas
in
case
of
bloodshed
the
Writ
de
odio
&
gratia
was
a
remedy
;
the
other
had
no
remedy
but
by
procuring
a
Commission
of
Oyer
and
terminer
,
which
ordinarily
was
a
cure
worse
then
the
hurt
.
The
preserving
of
the
peace
for
the
future
consisted
in
preventing
and
suppressing
riots
,
routs
,
unlawfull
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
meanes
.
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
Kings
own
person
;
and
therefore
we
finde
not
onely
the
assize
of
Armes
,
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
finde
put
the
same
into
the
force
of
a
law
by
Parliament
,
finding
by
experience
that
Proclamations
may
declare
the
Kings
mind
,
but
not
command
the
peoples
wils
,
although
peradventure
the
thing
enjoyned
was
of
ancient
use
,
and
little
inferiour
to
custome
,
or
Common
law
.
Such
are
the
distempers
of
civill
broiles
that
bring
up
peace
in
the
reare
as
a
reserve
when
their
owne
strength
is
wasted
,
rather
then
out
of
any
naturall
inclination
thereto
.
A
briefe
recollection
of
the
laws
thus
ensues
,
In
case
of
Robbery
or
fellony
committed
,
and
the
delinquent
be
not
forth
cemming
or
discovered
,
the
County
or
Hundred
shall
answer
the
dammages
.
Of
this
more
may
appeare
from
the
Norman
and
Saxon
laws
:
the
intent
appeareth
by
the
law
it selfe
to
stirre
up
the
people
to
use
all
meanes
by
pursuit
with
hui
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
inhahitant
,
unlesse
He
will
undertake
for
him
.
Of
this
also
formerly
both
in
the
Norman
and
Saxon
laws
.
Walled
Towns
shall
keepe
their
gates
shut
from
Sunne
set
to
Sunne
rising
.
The
like
observed
in
Cities
,
Burroughs
,
and
Townes
,
from
the
feast
of
Ascention
to
Michaelmas
.
The
power
of
the
watch
was
great
:
it
might
apprehend
any
passenger
,
and
stay
him
all
night
;
and
if
he
be
a
suspected
person
he
is
to
be
committed
to
the
Sheriffe
;
and
if
an
escape
be
made
,
the
party
is
to
be
pursued
with
hui
and
cry
.
These
two
last
Chapters
were
in
effect
in
Henry
the
thirds
time
in
course
by
way
of
the
Kings
command
by
Writ
in
the
36
and
37
yeers
of
his
reigne
,
with
some
more
particulars
concerning
the
same
.
High
waies
through
every
Lordship
shall
be
kept
cleare
on
each
side
by
the
space
of
200
foot
from
hedges
,
ditches
,
Bushes
,
and
underwood
.
High
waies
herein
intended
are
such
as
are
from
one
Market
Town
to
another
,
and
in
such
were
alwaies
preserved
the
publique
peace
or
safety
,
for
the
maintenance
of
commerce
,
and
freedom
of
traffique
,
which
is
of
such
publique
concernment
that
it
hath
been
of
very
ancient
institution
.
Every
man
between
the
age
of
fifteen
yeeres
and
forty
shall
maintain
Armes
in
his
house
,
according
to
the
ancient
Assize
for
the
preserving
of
the
peace
.
This
Chapter
brings
into
consideration
the
second
thing
propounded
,
viz.
the
meanes
of
preserving
of
the
peace
,
which
are
two
:
First
,
by
maintaining
Armes
.
2.
By
certifying
defaults
.
In
the
first
is
to
be
considered
the
persons
that
are
to
be
assessed
;
2.
The
Armes
;
3.
The
end
.
The
persons
to
be
assessed
to
Armes
are
indefinitely
set
down
,
and
comprehend
all
sorts
,
as
well
bond
as
free
,
and
others
;
for
such
are
the
expressions
in
the
Commission
of
Henry
the
third
.
Now
for
the
nature
of
the
establishment
we
are
to
consider
that
the
people
of
England
were
distinguished
according
to
their
teanures
,
Mediocris
Thainus
,
yeelding
a
reliefe
equall
to
the
Armes
of
a
Knight
in
the
times
whereof
we
now
treat
,
viz.
one
Horse
,
one
Helmet
,
one
coate
of
Maile
,
one
Lance
,
one
Shield
,
one
Sword
;
all
comprehended
under
arma
sua
,
as
if
he
had
a
certaine
proper
Armes
;
and
the
Laws
concerning
the
forfaiture
of
Armes
doe
in
effect
affirme
the
thing
,
viz.
that
all
men
were
armed
;
yet
probable
it
is
that
Laws
were
not
then
so
often
made
for
the
inforcing
this
or
that
particular
sort
of
Armes
,
in
regard
that
till
the
Normans
time
this
Island
was
troubled
,
but
seldome
with
any
enemies
from
forraine
parts
that
brought
any
new
sorts
of
weapons
into
fashion
,
the
Danes
and
Norwegians
being
no
other
then
an
old
acquaintance
of
theirs
.
Neither
were
the
Saxons
as
yet
tamed
by
any
enemy
so
farre
as
to
begge
a
peace
,
albeit
that
the
Danes
had
gotten
them
under
.
But
after
the
Norman
times
the
English
being
somewhat
overmatched
in
warre
inclined
more
to
Husbandry
,
and
began
to
lay
aside
their
regard
of
Armes
;
and
this
occasioned
the
Kings
to
make
assessments
of
Armes
;
yet
having
regard
to
the
ancient
course
of
the
Saxons
,
saving
that
they
urged
the
use
of
the
Bow
more
then
formerly
was
used
,
and
thereby
taught
the
conquered
to
conquer
the
Conquerours
in
future
ages
.
Of
these
sorts
of
assessments
before
this
Statute
at
Wintin
I
finde
but
two
;
the
first
made
by
Henry
the
second
,
and
the
other
by
Henry
the
third
,
which
together
with
that
of
this
Statute
I
parallell
thus
together
in
their
own
words
.
|
Hen.
2.
|
Hen.
3.
|
Stat.
Wint.
|
|
|
Lands
|
Goods
|
|
|
Knights
fee
|
15
Librat
|
60
Marks
|
15
li.
land
.
40
marks
goods
.
|
-
Loricam
-
Caffidem
-
Clipeum
-
Lanceam
|
-
Loricam
-
Capellum
ferri
-
Gladium
-
Cultellum
-
Equum
|
-
Loricam
-
Capellum
ferri
-
Gladium
-
Cultellum
-
Equum
|
-
Hauberk
-
Shapell
de
fer
-
Espee
-
Cotell
-
Chivall
.
|
16
Marks
-
chatels
-
rents
|
10
Librat
|
40
Marks
.
|
10
li.
lands
20
marks
goods
|
-
Halbergellum
-
Capelletum
ferri
-
Lanceam
|
-
Halburgettum
-
Capellum
ferri
-
Gladium
-
Cultellum
|
-
Halbertum
-
Capellū
ferreum
-
Gladium
-
Cultellum
|
-
Hauberk
-
Shapell
de
ferr
-
Espee
-
Cotell
|
10
marks
-
chatels
-
rents
|
100
s.
|
20
marks
|
100
s.
land
|
-
Wanbais
-
Capelletum
ferri
-
Lanceam
|
-
Purpunctum
-
Capellū
ferreum
-
Gladium
-
Lanceam
-
Cultellum
|
-
Purpunctum
-
Capellū
ferreum
-
Gladium
-
Cultellum
|
-
Purpoint
-
Shapell
de
ferr
-
Espee
-
Cotell
|
|
|
Betwixt
5
l.
&
40s
.
|
9
Marks
.
|
Betwixt
5
l.
&
40
s.
|
|
|
-
Gladium
-
Cultellum
-
Arcum
&
sagit
.
|
-
Gladium
-
Arcum
&
sagit
.
-
Cultellum
|
-
Espee
-
Arke
&
setes
-
Cotels
|
|
|
under
40
s.
|
under
9
marks
to
40
s.
|
under
40
s.
|
|
|
-
Falces
-
Gisarmas
-
Cultellos
,
&c.
|
-
Falces
-
Gisarmas
&c.
|
-
Faulx
-
Gisarmes
-
Cotells
|
|
|
|
|
under
20
marks
goods
.
|
|
|
|
|
-
Espees
-
Cotels
.
|
I
have
thus
impaled
these
three
that
the
Reader
may
the
better
discerne
how
they
relate
each
to
other
,
and
so
may
the
better
understand
the
matter
in
the
summe
.
And
I
must
explaine
three
or
foure
words
in
them
as
they
are
set
down
,
before
I
can
bring
up
the
conclusion
,
because
the
mistake
of
the
sence
of
the
words
hath
made
some
mistake
the
intent
of
the
thing
,
and
force
the
same
to
an
unwarrantable
issue
.
pauces
loricae
he
saith
the
Germans
had
few
Armes
of
defence
of
their
foreparts
,
and
fewer
Helmets
or
Headpieces
)
for
otherwise
if
they
had
Iron
defences
for
their
heads
they
would
not
have
been
content
with
defences
made
of
Lether
for
their
foreparts
,
as
in
the
first
rude
times
they
might
have
been
:
Shapell
de
ferr
,
which
is
taken
by
some
to
betoken
a
brest-plate
of
Iron
.
For
the
truth
whereof
the
Reader
may
consider
the
Latine
word
Capellum
or
Capelletum
,
and
he
shall
finde
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
severall
Norman
Kings
armed
for
the
charge
in
the
beginning
of
their
severall
reignes
,
as
they
are
represented
in
Speeds
History
.
It
may
also
be
conceived
that
there
is
as
much
mistake
of
that
weapon
which
is
called
cultellum
or
cotell
,
whiles
they
translate
it
by
the
word
Knife
,
for
though
it
be
true
that
it
is
one
signification
of
that
word
,
yet
it
appeares
not
onely
by
this
law
that
it
was
a
weapon
for
a
Knight
in
warre
,
but
in
use
at
Torniaments
,
as
by
that
Statute
that
forbids
the
use
of
a
pointed
Sword
,
or
pointed
Cottell
,
a
Battoone
,
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
battell
would
serve
to
no
use
at
all
.
Now
concerning
the
difference
between
the
severall
Assizes
aforesaid
,
it
consisteth
either
in
the
number
of
the
severall
degrees
or
rankes
of
those
that
are
assessed
:
or
secondly
,
in
the
manner
of
their
valuation
:
or
lastly
,
in
the
particulars
of
their
armes
assessed
upon
them
.
As
touching
the
degrees
in
Henry
the
seconds
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
appeare
.
But
Henry
the
third
taking
example
of
King
Iohn
who
was
the
first
founder
of
generall
arrayes
charged
all
but
such
as
were
men
of
nothing
;
albeit
I
finde
not
that
such
as
were
of
the
inferiour
degree
were
sworn
to
those
Armes
,
but
rather
allowed
to
have
them
.
And
though
the
Statute
at
Winchester
holdeth
to
the
same
degrees
in
Lands
,
yet
in
the
valew
of
goods
there
is
some
difference
in
favour
of
them
that
onely
have
stocke
,
and
no
freehold
.
Secondly
,
there
is
some
difference
in
the
manner
of
valuation
of
Lands
with
Chattels
;
and
therein
the
Statute
at
Winton
favours
the
personall
estates
more
then
Hen.
3.
and
he
more
then
Hen.
2.
and
yet
all
of
them
pretend
one
rule
of
ancient
custome
;
I
believe
they
mean
that
they
had
it
in
their
eye
,
but
not
in
their
heart
:
for
they
would
come
as
nigh
to
it
as
they
could
,
and
yet
keep
as
farre
from
it
as
they
durst
.
Thirdly
,
as
touching
the
difference
of
the
Armes
between
these
three
assessments
,
it
seems
so
small
as
in
this
they
are
most
of
all
one
.
For
wherein
Hen.
2.
leads
,
both
Hen.
3.
and
Edw.
1.
doe
imitate
,
saving
that
they
adde
the
Horse
and
Sword
,
which
questionlesse
was
to
be
understood
as
a
granted
case
,
that
the
compleat
Armes
of
a
man
could
not
be
carried
and
mannaged
without
a
Horse
,
nor
defended
without
a
Sword
.
As
touching
other
alterations
,
it
might
be
done
upon
good
advice
,
as
not
being
deemed
meet
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
custome
of
maintaining
Armes
by
every
free
man
,
for
the
defence
of
the
Kingdome
,
first
made
uncertaine
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
yeelded
himselfe
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
originall
;
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
lumpe
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
not
intended
to
be
supply
for
warre
,
when
Edward
the
first
cals
for
it
,
because
Edward
the
first
shall
not
have
his
power
confined
within
the
compasse
of
a
Statute
,
but
to
be
at
liberty
of
array
as
he
should
think
meet
;
and
it
s
not
to
be
denied
but
the
words
of
this
Law
runne
thus
,
viz.
That
the
intent
thereof
is
for
preserving
of
the
peace
;
but
those
generall
words
will
not
beare
the
power
of
a
restrictive
sence
,
for
certainly
the
peace
is
as
well
preserved
by
providing
against
warre
as
against
riots
;
and
against
forraine
warre
as
intestine
mutinies
:
and
that
the
Statute
intended
the
one
as
well
as
the
other
will
appeare
,
because
it
was
made
in
relation
to
former
presidents
of
Henry
the
third
,
and
they
speak
plainly
that
their
intent
was
to
strengthen
the
Kingdome
against
dangers
from
abroad
;
the
words
of
the
Historian
are
cleare
,
that
Henry
the
third
charged
all
that
had
15
libratas
terrae
and
upwards
should
undertake
the
Armes
of
a
Knight
ut
Anglia
sicut
Italia
militia
roboraretur
.
Henry
Huntington
,
who
(
as
hath
been
mentioned
)
layeth
a
Helmet
and
coate
of
Maile
unto
eight
hides
of
Land
,
which
according
to
Gervase
of
Tilburies
account
commeth
to
800
acres
,
Furthermore
whereas
it
s
said
that
the
wisdome
of
the
Parliament
might
be
questioned
if
they
intended
no
better
provision
against
an
enemy
then
against
a
thiefe
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-lawes
lightly
armed
to
flie
away
,
when
they
have
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
Knighthood
of
the
Kingdome
with
as
much
discretion
will
be
sufficient
provision
against
the
other
.
But
if
these
be
looked
upon
in
the
latter
sence
,
I
feare
the
discretion
of
the
Parliament
would
have
been
much
more
questioned
in
arming
all
men
that
have
any
ability
to
suppresse
Thieves
and
Rogues
,
against
which
the
ordinary
watch
and
ward
of
the
Kingdom
was
an
ancient
and
approved
remedy
,
and
sufficient
safeguard
.
And
I
would
fain
know
of
these
men
whither
it
be
for
the
safety
of
Edward
the
first
,
or
any
other
King
to
arme
the
whole
body
of
the
people
,
especially
in
times
of
jealousie
for
suppressing
of
Thieves
and
Robbers
when
as
it
may
be
done
by
a
guard
of
known
men
in
every
County
,
with
much
more
ease
and
lesse
charge
to
the
people
.
Lastly
,
whereas
it
s
endeavoured
to
make
this
Statute
but
a
temporary
provision
and
taken
up
for
the
present
condition
of
affaires
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
custome
,
the
ground
of
that
custome
(
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
custome
,
or
provide
for
future
generations
.
Neverthelesse
if
all
be
granted
,
viz.
that
this
Statute
is
but
a
present
order
,
that
the
Armes
therein
are
too
slight
to
resist
an
enemy
;
and
the
end
thereof
was
onely
to
enable
the
Kingdome
against
Thieves
and
Robbers
;
yet
could
not
Edward
the
first
pretend
to
have
any
power
to
assesse
Armes
at
pleasure
upon
occasion
of
warre
for
the
defence
of
the
Kingdome
;
nor
is
there
any
president
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
freemen
and
their
Lands
.
Nor
did
King
John
disclaime
the
same
,
but
pursued
it
(
and
yet
if
there
be
any
president
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
himselfe
,
summons
to
defend
himselfe
,
themselves
,
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
yeeres
before
his
death
held
himselfe
to
the
assessment
to
Armes
onely
of
such
as
had
Lands
;
and
at
this
time
of
exigency
others
unarmed
were
summoned
to
take
Armes
from
the
King
with
their
pay
,
or
otherwise
they
must
fight
without
weapons
.
I
am
now
come
to
the
last
generall
point
which
concerneth
the
executive
power
of
matters
concerning
the
peace
within
this
law
,
touching
which
the
Statute
inforceth
this
,
that
Constables
in
every
Hundred
and
Franchise
shall
have
the
view
of
Armes
,
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
custome
was
made
against
any
for
default
of
Armes
,
but
onely
such
as
held
by
that
tenure
:
and
therefore
they
had
a
shift
to
cause
them
to
sweare
to
maintaine
Armes
,
and
so
might
proceed
upon
defaults
,
as
in
case
of
perjury
;
and
that
the
Parliament
was
still
loath
to
set
any
certaine
rule
for
penalty
,
and
absolutely
declined
it
,
and
left
it
under
a
generall
periculo
incumbente
,
which
its
likely
men
would
rather
eschew
by
obedience
,
then
adventure
upon
out
of
a
daring
spirit
,
unlesse
their
case
was
very
cleere
within
the
mercy
of
common
reason
;
and
therefore
such
cases
were
left
to
speciall
order
of
the
Parliament
rather
then
they
would
deliver
such
a
rod
as
determining
power
was
over
into
any
uncertaine
hand
what
ever
.
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
farre
;
for
then
in
order
thereunto
the
whole
Militia
of
the
Kingdome
must
have
been
under
his
safe
command
:
and
whether
it
ever
entred
into
the
conceipt
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
us
(
viz.
Edw.
1.
)
and
from
us
by
our
Royall
Seignory
to
defend
force
of
Armes
,
and
all
other
force
against
our
peace
at
all
times
that
we
shall
please
,
and
to
punish
according
to
the
laws
and
usages
of
this
Realm
,
such
as
shall
oppose
,
and
to
this
they
(
viz.
Lords
and
Commons
)
are
bound
us
to
ayd
as
their
good
Lord
,
alwaies
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
set
down
the
inscription
or
direction
of
the
Law
;
not
to
the
people
but
to
the
Justices
of
his
bench
,
and
so
it
s
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
certaine
persons
deputed
thereto
:
and
it
was
accorded
,
that
at
the
next
Parliament
Order
shall
be
taken
by
common
consent
of
the
King
,
the
Prelates
,
Earles
,
and
Barons
,
that
in
all
Parliaments
treaties
and
other
assemblies
which
shall
be
had
in
the
Kingdome
of
England
for
ever
after
,
all
men
shall
come
thereto
without
force
,
and
without
Armes
,
well
and
peaceably
;
and
thence
it
recites
that
the
said
meeting
at
Parliament
was
had
,
and
that
there
the
Prelates
,
Earles
,
Barons
,
and
Cominalty
being
assembled
to
advise
upon
this
matter
;
nous
eiont
dit
saith
one
coppy
,
and
nous
eions
dit
saith
another
coppy
;
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
principall
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
30.
of
October
in
the
seventh
yeere
of
his
reigne
,
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
claime
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
owne
,
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
civill
affaires
,
and
so
referred
it
to
the
Kings
care
to
provide
against
imergent
breach
of
the
peace
,
as
an
expedient
for
the
present
inconveniences
in
affairs
.
And
it
will
well
suite
with
the
posture
of
affaires
then
in
course
,
for
the
Welsh
warres
were
now
intermitted
,
and
a
quiet
of
three
yeeres
ensued
;
in
the
middest
of
which
Souldiers
having
liberty
to
doe
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
counsell
,
unlesse
(
as
their
ancesters
)
with
weapons
in
their
hands
,
nor
worthy
of
the
presence
of
a
King
under
other
notion
then
as
a
Generall
in
the
field
,
and
themselves
as
Commanders
that
are
never
a
la
mode
;
but
when
all
in
Iron
and
Steele
.
I
say
to
make
a
Law
that
must
suddenly
binde
men
from
riding
or
being
armed
when
no
man
thought
himselfe
safe
otherwise
was
in
effect
to
expose
their
bare
necks
to
the
next
turne
of
the
Sword
of
a
King
that
they
did
not
overmuch
trust
,
and
the
lesse
in
regard
he
trusted
not
them
.
I
doe
not
wonder
therefore
if
the
Parliament
liked
not
the
worke
,
but
left
it
to
the
King
to
provide
for
the
keeping
off
breaches
of
the
peace
,
and
promised
there
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
Torniments
,
which
sheweth
plainly
that
the
ordering
of
Armour
was
in
the
power
of
the
Parliament
,
and
which
in
all
probabilty
was
made
after
that
law
last
before-mentioned
;
the
Statute
at
Winton
made
after
this
Law
nigh
six
yeeres
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
chiefe
moderatorship
of
warre
and
peace
within
the
Realm
of
England
resteth
hitherto
upon
the
Parliament
next
under
God
,
and
in
the
King
no
otherwise
then
in
order
to
the
publique
,
the
rule
whereof
can
be
determined
by
no
other
Judge
then
that
which
can
be
intended
to
have
no
other
respect
then
the
publique
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
the
Quicksands
of
Arbitrary
government
under
Popes
and
Kings
to
the
Haven
;
much
defaced
it
is
I
confesse
by
the
rage
of
time
,
and
yet
retained
the
originall
likenesse
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
designes
hovered
above
them
all
;
but
not
being
able
to
maintaine
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
then
others
,
and
they
againe
more
populer
then
them
)
seeke
severall
interests
:
And
thus
Kings
(
aided
by
their
party
to
a
Supremacy
which
they
were
never
borne
to
;
and
it
by
them
into
a
preheminence
above
their
Peeres
which
neither
law
nor
custome
ever
gave
them
)
are
of
Moderators
in
the
Councell
of
Lords
,
become
moderators
of
those
Councels
;
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
extorsion
and
opression
as
Lords
over
tenants
;
yet
could
they
never
prevaile
over
them
as
free
born
subjects
to
gaine
their
consent
to
give
their
right
,
or
the
law
up
to
the
Kings
beck
;
but
still
that
remained
arbiter
both
of
King
and
people
,
and
the
Parliament
Supreame
expounder
and
Judge
both
of
it
and
them
.
Other
argument
hereof
there
will
be
little
need
,
God
is
superiour
to
the
King
,
and
the
Law
by
which
he
is
made
King
,
and
his
Court
,
viz.
the
Earles
and
Barons
:
Earles
(
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
,
unlesse
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
thirds
time
,
I
shall
adde
hereto
a
concurrent
testimony
of
a
Lawyer
also
in
Edward
the
first
time
.
Although
(
saith
he
)
the
King
ought
to
have
no
equall
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
heare
and
determine
in
Parliament
all
Writs
and
plaints
of
wrongs
done
by
the
King
,
the
Queen
,
or
their
childrsn
,
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 selfe
unto
which
the
Royall
assent
was
added
,
1.
Will
you
grant
and
keep
,
and
by
your
Oath
confirm
to
the
people
of
England
the
Laws
and
Customes
to
them
granted
by
the
ancient
Kings
of
England
your
righteous
and
godly
predecessours
:
and
especially
to
the
Clergie
and
people
by
the
glorious
King
St.
Edward
your
predecessour
?
The
Kings
answer
:
I
doe
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
Kings
answer
:
I
will
doe
it
.
3.
Doe
you
grant
to
hold
and
keep
the
Laws
and
rightfull
Customes
which
the
Comonalty
of
your
Realm
shall
have
chosen
,
and
to
maintaine
and
inforce
them
to
the
honour
of
God
after
your
power
?
The
Kings
Answer
:
I
this
doe
grant
and
promise
.
In
few
words
the
King
promised
to
keep
the
lawes
already
made
,
the
peace
of
his
Kingdome
,
and
the
Laws
to
be
agreed
upon
by
the
commonalty
:
the
same
in
subsistance
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
Chaine
of
Gold
,
a
serious
memoriall
of
the
Kings
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
Peeres
.
Hitherto
certainly
an
English
King
is
but
Primus
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
worke
the
people
to
regard
their
own
liberties
,
in
which
the
Lords
had
first
wrapped
up
their
own
claimes
.
Thus
comes
the
counsels
of
such
as
have
been
notoriously
exorbitant
to
be
scanned
;
and
to
bring
these
into
frame
,
all
runne
out
of
frame
;
the
Barons
warres
arise
,
and
thrive
according
as
interests
doe
concenter
more
or
lesse
;
the
issue
is
like
that
of
a
drawn
battaile
,
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
that
they
now
had
to
deale
with
a
divided
Baronage
.
It
was
the
birth
of
ambition
,
and
it
was
nourished
by
the
same
milke
;
for
those
that
side
with
the
King
are
become
Magnificoes
next
to
the
Kings
person
,
and
the
sole
managers
of
all
the
great
affaires
of
State
concurrant
with
their
own
designes
under-board
.
But
the
other
Lords
are
in
account
rurall
,
standing
further
off
,
and
looking
on
at
a
distance
,
are
laid
away
as
supurfluous
:
and
as
they
themselves
are
out
of
the
game
of
great
men
,
so
grow
they
mindlesse
of
their
interest
in
the
great
affaires
,
yet
of
these
there
is
diversity
,
for
some
sport
themselves
in
their
condition
;
others
observe
the
irregular
motions
of
those
above
,
and
watch
their
owne
time
.
This
was
the
first
advance
of
that
society
,
which
was
afterwards
called
the
Privy-Councell
;
being
a
company
of
choise
men
according
to
the
Kings
bent
,
unto
whom
the
consideration
of
all
the
weighty
affaires
of
the
Kingdome
is
committed
;
but
nothing
can
be
concluded
without
the
Kings
fiat
,
which
regularly
should
follow
upon
the
premisses
,
according
to
the
major
vote
;
but
more
ordinarily
suteth
with
that
which
best
suteth
with
his
pleasure
.
And
now
are
Parliaments
looked
on
as
fatall
,
or
at
the
best
,
but
as
heavy
dull
debates
,
and
inconvenient
both
for
speed
and
secrecy
;
which
indeed
are
advantages
for
weake
and
unwarrantable
counsels
,
but
such
as
are
well
grounded
upon
truth
,
and
strength
of
reason
of
State
care
not
to
behold
the
clearest
noon-day
,
and
prevaile
neither
by
speed
nor
secrecy
,
but
by
the
power
of
uncontrolled
Reason
,
fetcht
from
truth
it selfe
.
The
grand
Councell
of
Lords
also
are
now
no
lesse
burthensome
:
For
though
they
were
not
able
to
prevaile
against
the
private
designes
of
an
arbitrary
Supremacy
,
yet
doe
they
hinder
the
progresse
,
tell
tailes
to
the
people
,
and
blot
the
names
of
those
that
are
of
that
aspiring
humour
;
which
once
done
,
like
that
of
Sisiphus
they
have
no
other
end
of
there
labour
then
their
toile
.
Thus
perished
that
ancient
and
rightly
honourable
Grand
Councell
of
Lords
,
having
first
layd
aside
the
publique
then
lost
unity
,
and
lastly
themselves
;
besides
the
extreame
danger
of
the
whole
body
.
For
the
sence
of
State
once
contracted
into
a
Privy
councell
is
soon
recontracted
into
a
Cabinet
councell
,
and
last
of
all
into
a
Favourite
or
two
,
which
many
times
brings
dammage
to
the
Publique
,
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
walke
in
them
.
Nor
were
the
Clergy
idle
in
this
bustle
of
affaires
,
although
not
very
well
imployed
;
for
it
is
not
to
be
imagined
but
that
these
private
prizes
plaied
between
the
Lords
,
Commons
,
and
King
,
laid
each
other
open
to
the
ayme
of
a
forraine
pretention
,
whiles
they
lay
at
their
close
guard
one
against
another
:
and
this
made
an
Ecclesiasticall
power
to
grow
upon
the
Civil
,
like
the
Ivy
upon
the
Oake
from
being
servants
to
friends
,
and
thence
Lords
of
Lords
,
and
Kings
of
Kings
:
By
the
first
puting
forth
it
might
seem
to
be
a
Spirituall
Kingdome
,
but
in
the
blosome
which
now
is
come
to
some
lustre
its
evident
to
be
nothing
but
a
temporall
Monarchy
over
the
consciences
of
men
;
and
so
like
Cuckows
laying
their
egges
in
nests
that
are
none
of
their
own
,
they
have
their
brood
brought
up
at
the
publique
charge
.
Neverthelesse
,
this
their
Monarchy
was
as
yet
beyond
their
reach
;
it
was
Prelacy
that
they
laboured
for
,
pretending
to
the
Popes
use
;
but
in
order
to
themselves
.
The
cripple
espied
their
halting
,
and
made
them
soon
tread
after
his
pace
;
he
is
content
thty
should
be
Prelates
,
without
measure
,
within
their
severall
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
Kingdome
,
but
that
two
things
preiudiced
the
worke
:
the
one
that
the
papalty
was
a
forraine
power
,
and
the
other
that
as
yet
the
Pope
was
entangled
with
the
power
of
Councels
,
if
he
did
not
stoop
thereunto
.
The
first
of
these
two
was
the
most
deadly
Herbe
in
the
Pottage
,
and
made
it
so
unsavoury
that
it
could
never
be
digested
in
this
Kingdome
:
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
Councell
.
And
thetefore
though
both
Kings
and
people
yeelded
much
unto
the
importunity
of
these
men
,
and
gave
them
many
priviledges
whereby
they
became
great
;
yet
was
their
greatnesse
dependant
upon
the
law
of
the
Land
and
vote
of
Parliament
;
and
though
they
had
the
more
power
they
neverthelesse
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
ranke
;
yet
it
is
as
well
to
be
granted
that
they
could
never
make
law
to
bind
the
Church-men
,
much
lesse
the
Laity
,
but
by
conjunction
of
the
grand
councels
both
for
Church
and
Common-wealth
affaires
;
nor
could
they
execute
any
Law
in
case
that
concerned
the
liberty
or
propriety
of
either
,
but
in
a
Synodicall
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
farre
as
warranted
by
law
,
were
in
their
nature
Presbyteriall
;
that
is
,
both
in
making
laws
and
executing
them
;
Bishops
and
Archbishops
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
practise
,
which
was
easily
attained
where
there
was
a
perpetuall
moderatorship
resting
in
the
Bishop
,
and
over
all
the
Pope
;
the
King
,
Lords
,
and
Commons
in
the
mean
while
being
buried
in
pursuit
of
severall
interests
elsewhere
.
To
make
all
semblable
,
the
free
men
met
with
the
sad
influence
of
these
distempers
,
as
wel
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
flood
of
oppressions
and
extortions
from
the
Romish
and
English
Clergy
,
and
so
like
a
little
ship
cast
out
a
barrell
for
the
Whale
to
peruse
till
it
gets
away
:
but
this
changed
no
right
.
The
Lords
by
their
partees
shattered
them
a
sunder
and
dismembered
their
body
by
intestine
broiles
.
The
Clergy
more
craftily
making
some
of
them
free
Denisins
of
the
Roman
See
,
and
taking
them
into
their
protection
whiles
others
of
the
free
men
at
a
distance
were
exposed
as
a
prey
to
the
continuall
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
heape
of
loose
stones
,
or
so
many
single
men
scarcely
escaping
with
their
skinne
of
liberties
,
and
those
invaded
by
many
projects
and
shifts
in
government
of
State
affaires
.
So
must
I
leave
them
untill
some
happy
hand
shall
worke
their
repaire
both
for
time
and
manner
,
as
it
shall
please
that
great
and
wise
Master
builder
of
the
World
.
FINIS
.