The continuation of An historicall discourse of the government of England, untill the end of the reigne of Queene Elizabeth with a preface, being a vindication of the ancient way of parliaments in England / by Nath. Bacon of Grais-Inne, Esquire.
         Bacon, Nathaniel, 1593-1660.
      
       
         
           1651
        
      
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         52042
         
           
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             The continuation of An historicall discourse of the government of England, untill the end of the reigne of Queene Elizabeth with a preface, being a vindication of the ancient way of parliaments in England / by Nath. Bacon of Grais-Inne, Esquire.
             Bacon, Nathaniel, 1593-1660.
             Bacon, Nathaniel, 1593-1660. Historicall and political discourse of the laws & government of England.
          
           [26], 307, [8] p.
           
             Printed by Tho. Roycroft for Matthew Walbanck, and Henry Twyford ...,
             London :
             1651.
          
           
             Reproduction of original in Harvard University Libraries.
          
        
      
    
     
       
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         eng
      
       
         
           Constitutional history -- Great Britain.
        
      
    
     
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           THE
           CONTINUATION
           OF
           AN
           HISTORICALL
           DISCOURSE
           ,
           OF
           THE
           GOVERNMENT
           OF
           ENGLAND
           ,
           Vntill
           the
           end
           of
           the
           Reigne
           of
           Queene
           ELIZABETH
           .
        
         
           WITH
           A
           Preface
           ,
           being
           a
           Vindication
           of
           the
           ancient
           way
           of
           Parliaments
           in
           ENGLAND
           .
        
         
           By
           
             Nath
             :
             Bacon
          
           of
           Grais-Inne
           ,
           Esquire
           .
        
         
           LONDON
           ,
           Printed
           by
           
             Tho
             :
             Roycroft
          
           ,
           for
           
             Matthew
             Walbanck
          
           ,
           and
           
             Henry
             Twyford
          
           ,
           and
           are
           to
           be
           sold
           at
           Grais-Inne
           Gate
           ,
           and
           in
           Vine
           Court
           Middle
           Temple
           ,
           1651.
           
        
      
       
         
         
         
           The
           Contents
           of
           the
           severall
           Chapters
           of
           this
           Book
           .
        
         
           
             I.
             THe
             sum
             of
             the
             severall
             Reignes
             of
             Edward
             the
             third
             ,
             and
             Richard
             the
             second
             .
             fol.
             3.
             
          
           
             II.
             The
             state
             of
             the
             King
             and
             Parliament
             ,
             in
             relation
             of
             him
             to
             it
             ,
             and
             of
             it
             to
             him
             .
             fol.
             13.
             
          
           
             III.
             Of
             the
             Privy
             Council
             and
             the
             condition
             of
             the
             Lords
             .
             f.
             26.
             
          
           
             IV.
             Of
             the
             Chancery
             .
             fol.
             35.
             
          
           
             V.
             Of
             the
             Admirals
             Court.
             fol.
             41.
             
          
           
             VI.
             Of
             the
             Church-mens
             Interest
             .
             fol.
             45.
             
          
           
             VII
             .
             Concerning
             Trade
             .
             fol.
             64.
             
          
           
             VIII
             .
             Of
             Treason
             and
             Legiance
             ,
             with
             some
             considerations
             concerning
             Calvins
             Case
             .
             fol.
             76.
             
          
           
             IX
             .
             Of
             Courts
             for
             causes
             criminall
             ,
             with
             their
             Laws
             .
             fo
             .
             92.
             
          
           
             X.
             Of
             the
             course
             of
             Civill
             Justice
             during
             these
             times
             .
             fo
             .
             96.
             
          
           
             XI
             .
             Of
             the
             Militia
             in
             these
             times
             .
             fol.
             98.
             
          
           
             XII
             .
             Of
             the
             Peace
             .
             fol.
             108.
             
          
           
             XIII
             .
             A
             view
             of
             the
             summary
             courses
             of
             Henry
             the
             fourth
             ,
             Henry
             the
             fifth
             ,
             and
             Henry
             the
             sixth
             ,
             in
             their
             severall
             Reignes
             .
             fol.
             115.
             
          
           
             XIV
             .
             Of
             the
             Parliament
             during
             the
             Reignes
             of
             these
             severall
             Kings
             .
             fol.
             127.
             
          
           
             XV.
             Of
             the
             Custos
             ,
             or
             
               Protector
               Regni
            
             .
             fol.
             134.
             
          
           
             XVI
             .
             Concerning
             the
             Privy
             Councell
             .
             fol.
             141.
             
          
           
             XVII
             .
             Of
             the
             Clergie
             and
             Church-government
             during
             these
             times
             .
             fol.
             146.
             
          
           
             XVIII
             .
             Of
             the
             Court
             of
             Chancery
             .
             fol.
             162.
             
          
           
             XIX
             .
             Of
             the
             Courts
             of
             Crown
             Plas
             and
             Common
             Law.
             fo
             .
             165
          
           
             XX.
             Concerning
             Sheriffs
             .
             fol.
             168.
             
          
           
             XXI
             .
             Of
             Justices
             and
             Lawes
             concerning
             the
             Peace
             .
             fol.
             170.
             
          
           
             XXII
             .
             Of
             the
             Militia
             during
             these
             times
             .
             fol.
             175.
             
          
           
             
             XXIII
             .
             A
             short
             survey
             of
             the
             Reignes
             of
             Edward
             the
             fourth
             ,
             Edward
             the
             fifth
             ,
             and
             Richard
             the
             third
             .
             fol.
             181.
             
          
           
             XXIV
             .
             Of
             the
             Government
             in
             relation
             to
             the
             Parliament
             .
             fol.
             187.
             
          
           
             XXV
             .
             Of
             the
             condition
             of
             the
             Clergie
             .
             fol.
             191.
             
          
           
             XXVI
             .
             A
             short
             sum
             of
             the
             Reignes
             of
             Henry
             the
             seventh
             ,
             and
             Henry
             the
             eighth
             .
             fol.
             194.
             
          
           
             XXVII
             .
             Of
             the
             condition
             of
             the
             Crowne
             .
             fol.
             202.
             
          
           
             XXVIII
             .
             Of
             the
             condition
             of
             the
             Parliament
             in
             these
             times
             .
             fol.
             223.
             
          
           
             XXIX
             .
             Of
             the
             power
             of
             the
             Clergy
             in
             the
             Convocation
             .
             f.
             229.
             
          
           
             XXX
             .
             Of
             the
             power
             of
             the
             Clergy
             in
             their
             ordinary
             Jurisdiction
             .
             fol.
             232.
             
          
           
             XXXI
             .
             Of
             Judicature
             .
             fol.
             241.
             
          
           
             XXXII
             .
             Of
             the
             Militia
             .
             fol.
             245.
             
          
           
             XXXIII
             .
             Of
             the
             Peace
             .
             fol.
             253.
             
          
           
             XXXIV
             .
             Of
             the
             generall
             Government
             of
             Edward
             the
             sixth
             ,
             Queen
             Mary
             ,
             and
             Queen
             Elizabeth
             .
             fol.
             259.
             
          
           
             XXXV
             .
             Of
             the
             Supream
             power
             during
             these
             times
             .
             fol.
             268.
             
          
           
             XXXVI
             .
             Of
             the
             power
             of
             the
             Parliament
             during
             these
             times
             .
             fol.
             277.
             
          
           
             XXXVII
             .
             Of
             the
             Jurisdiction
             Ecclesiasticall
             during
             these
             last
             times
             .
             fol.
             283.
             
          
           
             XXXVIII
             .
             Of
             the
             Militia
             in
             these
             later
             times
             .
             fol.
             290.
             
          
           
             XXXIX
             .
             Of
             the
             Peace
             .
             fol.
             297.
             
          
           
             XL.
             A
             summary
             Conclusion
             upon
             the
             whole
             matter
             .
             fol.
             300.
             
          
        
      
       
         
         
           A
           PREFACE
           ,
           CONTAINING
           A
           Vindication
           of
           the
           Ancient
           way
           of
           the
           Parliament
           OF
           ENGLAND
           .
        
         
           
             THE
             more
             Words
             the
             more
             Faults
             ,
          
           is
           a
           divine
           Maxime
           ,
           that
           hath
           put
           a
           stop
           to
           the
           publishing
           of
           this
           second
           part
           for
           some
           time
           ;
           but
           observing
           the
           ordinary
           humor
           still
           drawing
           off
           ,
           and
           passing
           a
           harsher
           censure
           upon
           my
           intentions
           in
           my
           first
           part
           ,
           then
           I
           expected
           :
           I
           doe
           proceede
           to
           fulfill
           my
           course
           ,
           that
           if
           censure
           will
           be
           ,
           it
           may
           be
           upon
           better
           grounds
           ,
           when
           the
           whole
           matter
           is
           before
           :
           Herein
           I
           shall
           once
           more
           minde
           ,
           that
           I
           meddle
           not
           with
           the
           Theologicall
           right
           of
           Kings
           ,
           or
           other
           Powers
           ,
           but
           with
           the
           Civill
           right
           in
           fact
           ,
           now
           in
           hand
           .
           And
           because
           some
           mens
           Pens
           of
           late
           have
           ranged
           into
           a
           denyall
           of
           the
           Commons
           ancient
           right
           in
           the
           Legislative
           power
           ;
           and
           others
           ,
           even
           to
           adnull
           the
           right
           ,
           both
           of
           Lords
           and
           Commons
           therein
           ,
           resolving
           all
           such
           power
           into
           that
           one
           principle
           of
           a
           King
           ,
           
             Quicquid
             libet
             ,
             licet
          
           ;
           so
           
           making
           the
           breach
           much
           wider
           then
           at
           the
           beginning
           ;
           I
           shall
           intend
           my
           course
           against
           both
           :
           As
           touching
           the
           Commons
           right
           ,
           jointly
           with
           the
           Lords
           ,
           it
           will
           be
           the
           maine
           end
           of
           the
           whole
           ;
           but
           as
           touching
           the
           Commons
           right
           ,
           in
           competition
           with
           the
           Lords
           ,
           I
           will
           first
           endeavour
           to
           remove
           out
           of
           the
           way
           what
           I
           finde
           published
           in
           a
           late
           Tractate
           concerning
           that
           matter
           ,
           and
           so
           proceede
           upon
           the
           whole
           .
        
         
           The
           subject
           of
           that
           Discourse
           consisteth
           of
           three
           parts
           ,
           one
           to
           prove
           that
           the
           ancient
           Parliaments
           ,
           before
           the
           thirteenth
           Century
           ,
           consisted
           onely
           of
           those
           whom
           we
           now
           call
           ,
           the
           House
           of
           Lords
           ;
           the
           other
           ,
           that
           both
           the
           Legislative
           and
           Judiciall
           power
           of
           the
           Parliament
           rested
           wholly
           in
           them
           :
           lastly
           ,
           that
           Knights
           ,
           Citizens
           ,
           and
           Burgesses
           of
           Parliament
           ,
           or
           the
           House
           of
           Commons
           ,
           were
           not
           knowne
           nor
           heard
           of
           ,
           till
           punier
           times
           then
           these
           .
           This
           last
           will
           be
           granted
           ,
           Viz.
           That
           these
           severall
           titles
           ,
           of
           Knights
           ,
           Citizens
           ,
           and
           Burgesses
           ,
           were
           not
           known
           in
           Parliament
           till
           of
           later
           times
           :
           Neverthelesse
           ,
           it
           will
           be
           insisted
           upon
           ,
           that
           the
           Commons
           were
           then
           there
           :
           The
           second
           will
           be
           granted
           ,
           but
           in
           part
           ,
           Viz.
           That
           the
           Lords
           had
           much
           power
           in
           Parliament
           in
           point
           of
           Jurisdiction
           ,
           but
           neither
           the
           sole
           ,
           nor
           the
           whole
           .
        
         
           The
           first
           is
           absolutely
           denyed
           ,
           neither
           is
           the
           same
           proved
           by
           any
           one
           instance
           or
           pregnant
           ground
           in
           all
           that
           Book
           ,
           and
           therefore
           not
           cleerly
           demonstrated
           by
           Histories
           and
           Records
           beyond
           contradiction
           ,
           as
           the
           Title
           page
           of
           that
           Book
           doth
           hold
           forth
           to
           the
           World.
           First
           ,
           because
           not
           one
           instance
           in
           all
           that
           Book
           is
           exclusive
           to
           the
           Commons
           ;
           and
           so
           
           the
           whole
           Argument
           of
           the
           Discourse
           will
           conclude
           ,
           
             Ab
             authoritate
             Negativa
          
           ,
           which
           is
           no
           argument
           in
           humane
           testimony
           at
           all
           .
        
         
           Secondly
           ,
           the
           greatest
           number
           of
           instances
           in
           that
           Booke
           ,
           are
           by
           him
           supposed
           to
           concerne
           Parliaments
           ,
           or
           generall
           Councils
           of
           this
           Nation
           ,
           holden
           by
           the
           Representative
           thereof
           ;
           whereas
           indeed
           they
           were
           either
           but
           Synodicall
           Conventions
           for
           Church
           matters
           ,
           whereunto
           the
           poore
           Commons
           (
           he
           well
           knoweth
           )
           might
           not
           come
           ,
           unlesse
           in
           danger
           of
           the
           Canons
           dint
           ;
           or
           if
           they
           did
           ,
           yet
           had
           no
           other
           worke
           there
           ,
           then
           to
           heare
           ,
           learne
           ,
           and
           receive
           Lawes
           ,
           from
           the
           Ecclesiasticks
           .
           And
           the
           Lords
           themselves
           ,
           though
           present
           ,
           yet
           under
           no
           other
           notion
           were
           they
           ,
           then
           as
           Councell
           to
           the
           King
           ;
           whom
           they
           could
           not
           cast
           out
           of
           their
           Councell
           till
           after
           Ages
           ,
           though
           they
           often
           endeavoured
           it
           .
        
         
           Thirdly
           ,
           the
           Author
           of
           that
           Tractate
           also
           well
           knoweth
           ,
           that
           Kings
           usually
           made
           Grants
           and
           Infeodations
           by
           advice
           of
           the
           Lords
           ,
           without
           the
           ayde
           of
           the
           Parliament
           :
           And
           it
           is
           no
           lesse
           true
           ,
           that
           Kings
           ,
           with
           the
           Lords
           ,
           did
           in
           their
           severall
           ages
           exercise
           ordinarily
           Jurisdiction
           ,
           in
           cases
           of
           distributive
           Justice
           ;
           especially
           after
           the
           Norman
           entrance
           :
           For
           the
           step
           was
           easie
           from
           being
           Commanders
           in
           Warr
           ,
           to
           be
           Lords
           in
           peace
           ;
           but
           hard
           to
           lay
           downe
           that
           power
           at
           the
           foot
           of
           Justice
           ,
           which
           they
           had
           usurped
           in
           the
           rude
           times
           of
           the
           Sword
           ,
           when
           men
           labour
           for
           life
           rather
           then
           liberty
           ;
           and
           no
           lesse
           difficult
           to
           make
           a
           difference
           between
           their
           deportment
           in
           commanding
           of
           Souldiers
           ,
           and
           governing
           of
           Countrey-men
           ;
           till
           peace
           
           by
           continuance
           had
           reduced
           them
           to
           a
           little
           more
           sobriety
           :
           Nor
           doth
           it
           seeme
           irrationall
           ,
           that
           private
           differences
           betweene
           party
           and
           party
           ,
           should
           be
           determined
           in
           a
           more
           private
           way
           ,
           then
           to
           trouble
           the
           whole
           Representative
           of
           the
           Kingdome
           ,
           with
           matters
           of
           so
           meane
           concernment
           .
           If
           then
           those
           Councils
           mentioned
           by
           the
           Author
           ,
           which
           concerne
           the
           Kings
           Grants
           ,
           and
           Infeodations
           ,
           and
           matters
           of
           Judicature
           ,
           be
           taken
           from
           the
           rest
           of
           the
           Presidents
           ,
           brought
           by
           him
           ,
           to
           maintaine
           the
           thing
           aimed
           at
           ;
           I
           suppose
           scarce
           one
           stone
           will
           be
           left
           for
           a
           foundation
           to
           such
           a
           glorying
           Structure
           ,
           as
           is
           pretended
           in
           the
           Title
           page
           of
           that
           Booke
           :
           And
           yet
           I
           deny
           not
           ,
           but
           where
           such
           occasions
           have
           befalne
           the
           Parliament
           sitting
           ,
           it
           hath
           closed
           with
           them
           ,
           as
           things
           taken
           up
           by
           the
           way
           .
        
         
           Fourthly
           ,
           It
           may
           be
           that
           the
           Author
           hath
           also
           observed
           ,
           that
           all
           the
           Records
           of
           Antiquity
           passed
           through
           (
           if
           not
           from
           )
           the
           hands
           of
           the
           Clergy
           onely
           ,
           and
           they
           might
           thinke
           it
           sufficient
           for
           them
           to
           honour
           their
           Writings
           ,
           with
           the
           great
           Titles
           of
           Men
           of
           Dignity
           in
           the
           Church
           and
           Common-wealth
           ,
           omitting
           the
           Commons
           ,
           as
           not
           worthy
           of
           mention
           ,
           and
           yet
           they
           might
           be
           there
           then
           present
           ,
           as
           it
           will
           appeare
           they
           were
           in
           some
           of
           the
           particular
           instances
           ensuing
           ,
           to
           which
           we
           come
           now
           in
           a
           more
           punctuall
           consideration
           .
        
         
           The
           first
           of
           these
           by
           his
           owne
           words
           ,
           appeare
           to
           be
           a
           Church-mote
           ,
           or
           Synod
           ;
           it
           was
           in
           the
           yeare
           673.
           called
           by
           the
           Arch-Bishop
           ,
           who
           had
           no
           more
           power
           to
           summon
           a
           Parliament
           ,
           then
           the
           Author
           himselfe
           hath
           :
           And
           the
           severall
           conclusions
           
           made
           therein
           ,
           doe
           all
           shew
           that
           the
           people
           had
           no
           worke
           there
           ,
           as
           may
           appeare
           in
           the
           severall
           relations
           thereof
           ,
           made
           by
           
             Matthew
             Westminster
          
           ,
           and
           Sir
           
             Henry
             Spelman
          
           ,
           an
           Author
           that
           he
           maketh
           much
           use
           of
           ,
           and
           therefore
           I
           shall
           be
           bold
           to
           make
           the
           best
           use
           of
           him
           that
           I
           can
           likewise
           ,
           in
           Vindicating
           the
           truth
           of
           the
           point
           in
           hand
           :
           For
           ,
           whatever
           this
           Councill
           was
           ,
           it
           s
           the
           lesse
           materiall
           ,
           seeing
           the
           same
           Author
           recites
           a
           president
           of
           King
           A●thelbert
           ,
           within
           six
           yeares
           after
           Austins
           entry
           into
           this
           Island
           ,
           which
           was
           long
           before
           this
           Councill
           ,
           which
           bringeth
           on
           the
           Vann
           of
           all
           the
           rest
           of
           the
           Opponents
           instances
           ,
           which
           King
           called
           a
           Councill
           ,
           styled
           ,
           
             Commune
             Concilium
             tam
             Cleri
             quam
             Populi
             :
          
           
           and
           in
           the
           conclusion
           of
           the
           same
           ,
           a
           Law
           is
           made
           upon
           the
           like
           occasion
           ,
           
             Si
             Rex
             populum
             Convocaverit
             ,
             &c.
          
           in
           both
           which
           its
           evident
           ,
           that
           in
           those
           times
           there
           were
           Councils
           holden
           by
           the
           People
           ,
           as
           well
           as
           the
           Magnates
           ,
           or
           Optimates
           .
        
         
           His
           next
           instance
           is
           in
           the
           yeare
           694.
           which
           is
           of
           a
           Councill
           holden
           by
           the
           Great
           Men
           ,
           but
           no
           mention
           of
           the
           Commons
           ,
           and
           this
           he
           will
           have
           to
           be
           a
           Parliament
           ,
           albeit
           that
           he
           might
           have
           found
           both
           Abbatesses
           ,
           or
           Women
           ,
           and
           Presbyters
           ,
           to
           be
           Members
           of
           that
           Assembly
           ,
           and
           (
           for
           default
           of
           better
           )
           attested
           the
           conclusions
           of
           the
           same
           ,
           notwithstanding
           the
           Canon
           ,
           
             Nemo
             militans
             Deo
             ,
             &c.
          
           
           But
           I
           must
           also
           minde
           him
           ,
           that
           the
           same
           Author
           reciteth
           a
           Councill
           holden
           by
           King
           
             Ina
             ,
             Suasu
             omnium
             Aldermannorum
             &
             Seniorum
             &
             Sapientum
             Regni
          
           :
           and
           is
           very
           probable
           ,
           that
           all
           the
           Wise
           men
           of
           the
           Kingdome
           ,
           were
           not
           concluded
           within
           the
           Lordly
           dignity
           .
        
         
         
           The
           third
           instance
           can
           have
           no
           better
           successe
           ,
           unlesse
           he
           will
           have
           the
           Pope
           to
           be
           allowed
           power
           to
           call
           a
           Parliament
           ,
           or
           allow
           the
           Arch-Bishop
           power
           to
           doe
           that
           service
           by
           the
           Popes
           command
           ,
           for
           by
           that
           authority
           ;
           this
           (
           what
           ever
           it
           be
           )
           was
           called
           ,
           if
           we
           give
           credit
           to
           the
           relation
           of
           Sir
           
             Henry
             Spelman
          
           ,
           
           who
           also
           reciteth
           another
           Councell
           within
           three
           leaves
           foregoing
           this
           ,
           called
           by
           Withered
           at
           Barkhamstead
           ,
           unto
           which
           the
           Clergy
           were
           summoned
           ,
           
             Qui
             cum
             viris
             utique
             militaribus
             communi
             omnium
             assensu
             has
             leges
             decrevere
             :
          
           So
           as
           it
           seemeth
           in
           those
           times
           ,
           
           Souldiers
           or
           Knights
           were
           in
           the
           common
           Councels
           ,
           as
           well
           as
           other
           Great
           Men.
           
        
         
           In
           the
           next
           place
           ,
           he
           bringeth
           in
           a
           Councill
           holden
           in
           the
           yeare
           747.
           which
           (
           if
           the
           Arch-Bishop
           were
           then
           therein
           President
           ,
           
           as
           it
           s
           sayd
           ,
           in
           the
           presence
           of
           the
           King
           )
           was
           no
           Parliament
           ,
           but
           a
           Church-mote
           ,
           and
           all
           the
           conclusions
           in
           the
           same
           doe
           testifie
           no
           lesse
           ;
           they
           being
           every
           one
           concerning
           Ecclesiasticall
           matters
           .
        
         
           
           And
           furthermore
           ,
           before
           this
           time
           ,
           the
           Author
           out
           of
           whom
           he
           citeth
           this
           Councill
           ,
           mentioneth
           another
           Councill
           holden
           by
           Ina
           the
           Saxon
           King
           ,
           in
           the
           presence
           of
           the
           Bishops
           ,
           Princes
           ,
           Lords
           ,
           Earles
           ,
           and
           all
           the
           wise
           old
           Men
           ,
           and
           People
           of
           the
           Kingdome
           ,
           all
           of
           them
           concluding
           of
           the
           intermarriage
           between
           the
           
             Brittons
             ,
             Picts
          
           ,
           and
           Saxons
           ,
           which
           formerly
           ,
           as
           it
           seemeth
           ,
           was
           not
           allowed
           :
           And
           the
           same
           King
           by
           his
           Charter
           ;
           mentioned
           by
           the
           same
           Penman
           ,
           noteth
           that
           his
           endowment
           of
           the
           Monastry
           of
           Glastenbury
           ,
           was
           made
           ,
           not
           onely
           in
           the
           presence
           of
           the
           Great
           Men
           ,
           but
           ,
           
             Cum
             praesentia
             populationis
          
           ;
           and
           he
           saith
           ,
           that
           
             Omnes
             confirmaverunt
          
           ,
           
           which
           I
           doe
           not
           mention
           as
           a
           worke
           necessary
           to
           be
           done
           by
           the
           Parliament
           ,
           yet
           such
           an
           one
           as
           was
           holden
           expedient
           as
           the
           case
           then
           stood
           .
        
         
           Forty
           yeares
           after
           ,
           hee
           meeteth
           with
           another
           Councill
           ,
           which
           he
           supposeth
           to
           be
           a
           Parliament
           also
           ,
           but
           was
           none
           ,
           unlesse
           he
           will
           allow
           the
           Popes
           Legate
           power
           to
           summon
           a
           Parliament
           :
           It
           was
           holden
           in
           the
           yeare
           ,
           787.
           and
           had
           he
           duely
           considered
           the
           returne
           made
           by
           the
           Popes
           Legate
           ,
           of
           the
           Acts
           of
           that
           Councill
           ,
           which
           is
           also
           published
           by
           the
           same
           Author
           ,
           hee
           might
           have
           found
           ,
           
           that
           the
           Legate
           saith
           ,
           that
           they
           were
           propounded
           in
           publike
           Councill
           ,
           before
           the
           King
           ,
           Arch-Bishop
           ,
           and
           all
           the
           Bishops
           and
           Abbots
           of
           the
           Kingdome
           ,
           Senators
           ,
           Dukes
           ,
           or
           Captaines
           ,
           and
           people
           of
           the
           Land
           ,
           and
           they
           all
           consented
           to
           keep
           the
           same
           .
        
         
           Then
           he
           brings
           in
           a
           Councill
           holden
           in
           the
           year
           ,
           793.
           which
           he
           would
           never
           have
           set
           downe
           in
           the
           list
           of
           Parliaments
           ,
           if
           he
           had
           considered
           how
           improper
           it
           is
           to
           construe
           ,
           
             Provinciale
             tenuit
             Concilium
          
           ,
           for
           a
           Parliament
           ,
           and
           therefore
           I
           shall
           need
           no
           further
           to
           trouble
           the
           Reader
           therewith
           .
        
         
           The
           two
           next
           are
           supposed
           to
           be
           but
           one
           and
           the
           same
           ;
           and
           it
           s
           sayd
           to
           be
           holden
           ,
           Anno
           974.
           before
           nine
           Kings
           ,
           fifteene
           Bishops
           ,
           twenty
           Dukes
           ,
           &c.
           which
           for
           ought
           appeares
           ,
           may
           comprehend
           all
           England
           and
           Scotland
           ,
           and
           is
           no
           Parliament
           of
           one
           Nation
           ,
           but
           a
           party
           of
           many
           Nations
           ,
           for
           some
           great
           matter
           ,
           no
           doubt
           ,
           yet
           nothing
           in
           particular
           mentioned
           ,
           but
           the
           solemne
           laying
           the
           foundation
           of
           the
           Monastry
           of
           Saint-Albans
           .
        
         
           What
           manner
           of
           Councill
           the
           next
           was
           ,
           appeareth
           not
           ,
           and
           therefore
           nothing
           can
           be
           concluded
           
           therefrom
           ,
           but
           that
           it
           was
           holden
           in
           the
           yeare
           ,
           796.
           
        
         
           That
           Councill
           which
           is
           next
           produced
           ,
           was
           in
           the
           yeare
           ,
           800.
           and
           is
           called
           in
           great
           letters
           ,
           
             Concilium
             Provinciale
          
           ,
           which
           he
           cannot
           Gramatically
           construe
           to
           be
           a
           Parliament
           ;
           yet
           in
           the
           Preface
           it
           is
           sayd
           ,
           that
           there
           were
           ,
           
             Viri
             cujuscunque
             dignitatis
          
           ;
           and
           the
           King
           in
           his
           Letter
           to
           the
           Pope
           ,
           saith
           concerning
           it
           ,
           
           
             Visum
             est
             cunctis
             gentis
             nostrae
             sapientibus
          
           ;
           so
           as
           it
           seemeth
           by
           this
           ,
           and
           other
           examples
           of
           this
           nature
           ,
           that
           though
           the
           Church-motes
           invented
           the
           particular
           conclusions
           ,
           yet
           it
           was
           left
           to
           the
           Witagen-mote
           to
           Judge
           and
           conclude
           them
           .
        
         
           There
           can
           be
           no
           question
           ,
           but
           the
           next
           three
           Presidents
           brought
           by
           the
           Opponent
           ,
           were
           all
           of
           them
           Church-motes
           :
           
           For
           the
           first
           of
           them
           ,
           which
           is
           sayd
           to
           be
           holden
           in
           the
           yeare
           ,
           816.
           is
           called
           a
           Synod
           ,
           and
           both
           Preists
           and
           Deacons
           were
           there
           present
           ,
           which
           are
           no
           Members
           of
           Parliament
           ,
           consisting
           onely
           of
           the
           House
           of
           Lords
           ,
           and
           they
           all
           of
           them
           did
           ,
           
             Pariter
             tractare
             de
             necessarijs
             &
             utilitatibus
             Ecclesiarum
             .
          
           The
           second
           of
           them
           is
           called
           a
           Synodall
           Councill
           ,
           holden
           ,
           Anno
           822.
           and
           yet
           there
           were
           then
           present
           ,
           
             Omnium
             dignitatum
             optimates
          
           ,
           which
           cannot
           be
           understood
           onely
           of
           those
           of
           the
           House
           of
           Lords
           ,
           because
           they
           ought
           all
           to
           be
           personally
           present
           ,
           and
           therefore
           there
           is
           no
           Optimacy
           amongst
           them
           .
           The
           last
           of
           these
           three
           is
           called
           ,
           
             Synodale
             Conciliabulum
          
           ,
           a
           petty
           Synod
           in
           great
           letters
           ;
           
           and
           besides
           ,
           there
           were
           with
           the
           Bishops
           and
           Abbots
           ,
           many
           Wise
           men
           ;
           and
           in
           all
           these
           respects
           it
           cannot
           be
           a
           Parliament
           onely
           of
           the
           great
           Lords
           .
        
         
         
           The
           next
           Councill
           said
           to
           be
           holden
           in
           the
           yeare
           823.
           cannot
           also
           be
           called
           properly
           a
           Parliament
           ,
           but
           onely
           a
           consultation
           ,
           between
           two
           Kings
           and
           their
           Councill
           ,
           to
           prevent
           the
           invasion
           of
           the
           Danes
           ;
           and
           the
           attests
           of
           the
           Kings
           Chapplain
           ,
           and
           his
           Scribe
           ,
           doe
           shew
           also
           that
           they
           were
           not
           all
           Members
           of
           the
           House
           of
           Lords
           .
        
         
           The
           Councill
           cited
           by
           the
           Opponent
           in
           the
           next
           place
           ,
           was
           holden
           ,
           An
           :
           838.
           being
           onely
           in
           nature
           of
           a
           Councill
           for
           Law
           ,
           or
           Judicature
           ,
           to
           determine
           the
           validity
           of
           the
           Kings
           Grant
           made
           to
           the
           Church
           of
           Canterbury
           ;
           which
           is
           no
           proper
           worke
           for
           a
           Parliament
           ,
           unlesse
           it
           befall
           during
           the
           fitting
           of
           the
           same
           .
        
         
           The
           next
           is
           but
           a
           bare
           title
           of
           a
           Councill
           supposed
           to
           be
           holden
           ,
           An.
           850.
           
           And
           not
           worth
           its
           room
           ,
           for
           it
           neither
           sheweth
           whether
           any
           thing
           was
           concluded
           ,
           nor
           what
           the
           conclusions
           were
           .
        
         
           The
           worke
           of
           the
           next
           Councill
           alleadged
           to
           be
           holden
           ,
           An.
           851.
           was
           to
           confirme
           the
           Charter
           of
           the
           Monastry
           of
           Croyland
           ,
           and
           to
           determine
           concerning
           affaires
           belonging
           to
           the
           Mercinies
           and
           if
           it
           had
           beene
           a
           Parliament
           for
           that
           people
           ,
           it
           might
           be
           worthy
           of
           inquiry
           how
           regularly
           the
           Arch-Bishop
           of
           Canterbury
           ,
           and
           the
           Bishop
           of
           London
           ,
           and
           the
           Ambassadors
           from
           the
           West
           Saxons
           could
           sit
           amongst
           them
           and
           attest
           the
           conclusions
           therein
           made
           ,
           as
           wel
           as
           the
           proper
           members
           of
           that
           Nation
           .
        
         
           He
           commeth
           in
           the
           next
           place
           to
           a
           Councill
           holden
           in
           the
           yeare
           ,
           855.
           which
           is
           more
           likely
           to
           be
           a
           Parliament
           then
           most
           of
           them
           formerly
           mentioned
           ;
           if
           the
           Tithes
           of
           all
           England
           were
           therein
           given
           to
           the
           Church
           ,
           but
           hereof
           I
           have
           set
           downe
           my
           opinion
           in
           
           the
           former
           part
           of
           the
           discourse
           .
           And
           though
           it
           be
           true
           ,
           that
           no
           Knights
           and
           Burgesses
           are
           therein
           mentioned
           ,
           as
           the
           Opponent
           observeth
           out
           of
           the
           Title
           ;
           yet
           if
           the
           body
           of
           the
           Lawes
           be
           duly
           considered
           ,
           towards
           the
           conclusion
           thereof
           it
           will
           appeare
           that
           there
           was
           present
           ,
           
             Fidelium
             infinita
             multitudo
             qui
             omnes
             regium
             Chirographum
             Laudaverunt
             Dignitates
             vero
             sua
             nomina
             subscripserunt
             .
          
           
           And
           yet
           the
           Witagen-motes
           in
           these
           times
           began
           to
           be
           rare
           ,
           being
           continually
           inrerrupted
           by
           the
           invasions
           of
           the
           Danes
           .
        
         
           The
           three
           next
           Councills
           alleaged
           ▪
           to
           be
           in
           the
           yeares
           930.
           944.
           948.
           
           Were
           doubtlesse
           of
           inferiour
           value
           ,
           as
           the
           matters
           therin
           concluded
           were
           of
           inferiour
           regard
           ,
           being
           such
           as
           concerne
           the
           passing
           of
           the
           Kings
           Grants
           ,
           Infeodations
           ,
           and
           confirmations
           .
        
         
           The
           Councill
           mentioned
           to
           be
           in
           the
           yeare
           965.
           is
           supposed
           to
           be
           one
           and
           the
           same
           with
           the
           next
           foregoing
           ,
           
           by
           Sir
           
             Henry
             Spelman
          
           ,
           which
           calls
           it selfe
           a
           generall
           Councill
           ,
           not
           by
           reason
           of
           the
           generall
           confluence
           of
           the
           Lords
           and
           Laity
           ,
           but
           because
           all
           the
           Bishops
           of
           England
           did
           then
           meet
           .
           The
           Primi
           and
           Primates
           were
           there
           ,
           who
           these
           were
           is
           not
           mentioned
           ;
           but
           its
           evident
           that
           the
           King
           of
           Scots
           was
           there
           ,
           and
           that
           both
           he
           and
           diverse
           that
           are
           called
           
             Ministri
             Regis
          
           ,
           attested
           the
           conclusions
           :
           It
           will
           be
           difficult
           to
           make
           out
           how
           these
           should
           be
           Members
           of
           the
           House
           of
           Lords
           ,
           and
           more
           difficult
           to
           shew
           a
           reason
           why
           in
           the
           attesting
           of
           the
           acts
           of
           these
           Councills
           which
           the
           Opponent
           calls
           Parliaments
           ,
           we
           finde
           so
           few
           of
           the
           Laity
           that
           scarce
           twelve
           are
           mentioned
           in
           any
           one
           of
           them
           ,
           and
           
           those
           to
           descend
           so
           low
           as
           the
           
             Ministri
             Regis
          
           ,
           to
           make
           up
           the
           number
           .
        
         
           Five
           more
           of
           these
           instances
           remaine
           ,
           before
           the
           comming
           in
           of
           the
           Normans
           .
        
         
           The
           first
           of
           which
           was
           in
           the
           yeare
           975.
           and
           in
           a
           time
           when
           no
           Parliament
           ,
           
           according
           to
           the
           Opponents
           principles
           could
           sit
           ,
           for
           it
           was
           an
           
             Inter
             regnum
          
           .
        
         
           The
           two
           next
           were
           onely
           Synods
           to
           determine
           the
           difference
           between
           the
           Regulers
           ,
           and
           the
           Seculers
           ,
           in
           the
           Kings
           absence
           ,
           by
           reason
           that
           he
           was
           under
           age
           ;
           and
           they
           are
           sayd
           to
           be
           in
           the
           yeares
           977
           and
           1009.
           
           But
           it
           s
           not
           within
           the
           compasse
           of
           my
           matter
           to
           debate
           their
           dates
           .
        
         
           The
           last
           two
           were
           Meetings
           or
           Courts
           for
           Judicature
           ,
           to
           determine
           the
           crime
           of
           Treason
           ,
           which
           every
           one
           knowes
           is
           determinable
           by
           inferiour
           Courts
           before
           the
           high
           Steward
           or
           Judges
           ,
           and
           therefore
           not
           so
           peculiar
           to
           a
           Parliament
           ,
           as
           to
           be
           made
           an
           argument
           of
           its
           existence
           .
           And
           thus
           are
           we
           at
           an
           end
           of
           all
           the
           instances
           brought
           by
           the
           Opponent
           ,
           to
           prove
           that
           Parliaments
           before
           the
           Norman
           times
           consisted
           of
           those
           whom
           we
           now
           call
           the
           House
           of
           Lords
           .
           All
           which
           I
           shall
           shut
           up
           with
           two
           other
           notes
           taken
           out
           of
           the
           Book
           of
           Councils
           ,
           published
           by
           Sir
           
             Henry
             Spelman
          
           .
        
         
           The
           first
           of
           which
           concerneth
           a
           Grant
           made
           by
           Canutus
           ,
           
           of
           an
           exemption
           to
           the
           Abby
           of
           Bury
           Saint
           Edmonds
           ,
           in
           a
           Councill
           wherein
           ,
           were
           present
           Arch-Bishops
           ,
           Bishops
           ,
           Abbots
           ,
           Dukes
           ,
           Earles
           .
           
             Cum
             quamplurimis
             gregariis
             militibus
             ,
             cum
             populi
             multitudine
             copiosa
             votis
             regiis
             unanimiter
             consentientes
             .
          
           The
           other
           taken
           out
           of
           the
           confessors
           Lawes
           ,
           which
           tells
           
           us
           that
           Tithes
           were
           granted
           to
           the
           Church
           ,
           
             A
             Rege
             Baronibus
             &
             populo
          
           .
           
           And
           thus
           shall
           leave
           these
           testimonies
           to
           debate
           with
           one
           another
           ,
           whiles
           the
           Reader
           may
           judge
           as
           seemeth
           most
           equall
           to
           himselfe
           .
        
         
           Being
           thus
           come
           to
           the
           Norman
           times
           ,
           and
           those
           ensuing
           ;
           I
           shall
           more
           summarily
           proceed
           with
           the
           particulars
           concerning
           them
           ,
           because
           they
           were
           times
           of
           force
           ,
           and
           can
           give
           little
           or
           no
           evidence
           against
           the
           customes
           rightly
           setled
           in
           the
           Saxon
           times
           ,
           which
           I
           have
           more
           particularly
           insisted
           upon
           ,
           that
           the
           originall
           constitution
           of
           this
           government
           may
           the
           better
           appeare
           .
           Now
           for
           the
           more
           speedy
           manifesting
           of
           the
           truth
           in
           the
           particulars
           following
           ;
           I
           shall
           pre-advise
           the
           Reader
           in
           three
           particulars
           .
        
         
           First
           ,
           that
           the
           Church-motes
           grew
           more
           in
           power
           and
           honor
           ,
           by
           the
           aide
           of
           the
           Normans
           Law
           ,
           refusing
           the
           concurrence
           and
           personall
           presence
           of
           Kings
           ,
           whom
           at
           length
           they
           excluded
           from
           their
           Councils
           with
           all
           his
           Nobles
           ;
           and
           therefore
           it
           is
           the
           lesse
           wonder
           if
           we
           heare
           but
           little
           of
           the
           Commons
           joyning
           with
           them
           .
        
         
           Secondly
           ,
           that
           the
           Norman
           way
           of
           government
           grew
           more
           Aristocraticall
           then
           the
           Saxon
           ,
           making
           the
           Lords
           the
           cheif
           Instruments
           of
           keeping
           Kings
           above
           and
           people
           underneath
           ,
           &
           thus
           we
           meet
           with
           much
           noise
           of
           meetings
           betweene
           the
           King
           and
           Lords
           ,
           and
           little
           concerning
           the
           grand
           meetings
           of
           the
           Kings
           ,
           and
           the
           representative
           of
           the
           people
           ;
           although
           some
           footsteps
           wee
           finde
           even
           of
           them
           also
           .
           For
           Kings
           were
           mistaken
           in
           the
           Lords
           ;
           who
           meaned
           nothing
           lesse
           then
           to
           serve
           them
           with
           the
           peoples
           
           liberties
           ,
           together
           with
           their
           owne
           which
           they
           saw
           wrapped
           up
           in
           the
           grosse
           .
        
         
           Thirdly
           ,
           by
           this
           meanes
           the
           Councils
           of
           the
           King
           and
           Lords
           grew
           potent
           ,
           not
           onely
           for
           advise
           in
           particular
           occasions
           ,
           but
           in
           matters
           of
           judicature
           ,
           and
           declaring
           of
           Law
           ,
           ordering
           of
           processe
           in
           Courts
           of
           Plees
           ;
           which
           in
           the
           first
           framing
           were
           the
           workes
           of
           Wise
           and
           Learned
           men
           ,
           but
           being
           once
           setled
           become
           part
           of
           the
           liberties
           of
           every
           Free-man
           .
           And
           it
           is
           not
           to
           be
           doubted
           but
           these
           Councills
           of
           Lords
           did
           outreach
           into
           things
           two
           great
           for
           them
           to
           mannage
           ,
           and
           kept
           the
           Commons
           out
           of
           possession
           of
           their
           right
           ,
           during
           the
           present
           heat
           of
           their
           ruffling
           condition
           ,
           yet
           all
           this
           while
           could
           not
           take
           absolute
           possession
           of
           the
           legislative
           power
           .
        
         
           I
           now
           come
           to
           the
           remainder
           of
           the
           particular
           instances
           produced
           by
           the
           Opponent
           ,
           which
           I
           shall
           reduce
           into
           severall
           Categories
           ,
           for
           the
           more
           cleere
           satisfaction
           to
           the
           Reader
           ,
           with
           lesse
           tediousnesse
           .
        
         
           First
           ,
           it
           cannot
           be
           denied
           but
           the
           Councill
           of
           Lords
           gave
           advise
           to
           Kings
           in
           cases
           of
           particular
           immergency
           ,
           nor
           is
           it
           incongruous
           to
           the
           course
           of
           government
           even
           to
           this
           day
           ,
           nor
           meete
           that
           the
           Parliament
           should
           be
           troubled
           with
           every
           such
           occasion
           ,
           and
           therefore
           the
           giving
           of
           advise
           to
           William
           the
           Conqueror
           ,
           what
           course
           he
           should
           take
           to
           settle
           the
           Lawes
           of
           England
           according
           to
           the
           instances
           in
           Councills
           holden
           ,
           An
           :
           1060.
           
           And
           1070.
           
           And
           to
           gaine
           favour
           of
           the
           great
           men
           according
           to
           that
           in
           An
           :
           1106.
           and
           in
           the
           manner
           of
           endowment
           of
           the
           Abby
           of
           Battell
           ,
           as
           in
           pag
           :
           25.
           of
           the
           Opponents
           discourse
           :
           and
           what
           to
           do
           upon
           the
           reading
           of
           the
           
           Popes
           Letter
           ,
           according
           to
           that
           in
           An
           :
           1114.
           
           And
           whether
           the
           Popes
           Legate
           should
           be
           admitted
           ,
           as
           in
           pag.
           18.
           
           And
           how
           King
           Steven
           and
           Henry
           shall
           come
           to
           agreement
           ,
           as
           An
           :
           1153.
           
           And
           how
           to
           execute
           Lawes
           by
           Judges
           and
           Justices
           Itinerant
           ,
           as
           An
           :
           1176.
           
           And
           touching
           the
           manner
           of
           ingageing
           for
           a
           voyage
           by
           Croisado
           to
           Jerusalem
           ,
           An
           :
           1189.
           
           And
           to
           give
           answer
           to
           Embassadors
           of
           a
           forraine
           Prince
           ,
           pag.
           25.
           
           And
           how
           King
           John
           shall
           conclude
           peace
           with
           the
           Pope
           ,
           An
           :
           1213.
           
           Where
           neverthelesse
           
             Math.
             Paris
          
           saith
           ,
           
           was
           
             Turba
             multa
             nimis
          
           :
           I
           say
           all
           these
           might
           well
           be
           done
           by
           a
           Councell
           of
           Lords
           ,
           and
           not
           in
           any
           posture
           of
           a
           Parliament
           ;
           albeit
           that
           in
           none
           of
           all
           these
           doth
           any
           thing
           appeare
           but
           that
           the
           Commons
           might
           be
           present
           in
           every
           one
           ,
           or
           many
           of
           them
           all
           .
        
         
           Secondly
           ,
           as
           touching
           judicature
           ,
           the
           Lords
           had
           much
           power
           therein
           ,
           even
           in
           the
           Saxon
           times
           ,
           haveing
           better
           opportunites
           for
           Knowledge
           ,
           and
           Learning
           ,
           especially
           joyned
           with
           the
           Clergy
           ,
           then
           the
           Commons
           in
           those
           times
           of
           deep
           darknesse
           ,
           wherein
           even
           the
           Clergy
           wanted
           not
           their
           share
           ,
           as
           in
           the
           first
           part
           of
           the
           discourse
           I
           have
           already
           observed
           .
           Whatsoever
           then
           might
           be
           done
           by
           Judges
           in
           ordinary
           Courts
           of
           judicature
           ,
           is
           inferiour
           to
           the
           regard
           of
           the
           Parliament
           ;
           and
           therefore
           the
           Plea
           between
           the
           Arch-Bishop
           and
           Aethelstan
           ,
           concerning
           Land
           ,
           instanced
           ,
           An
           :
           1070.
           
           And
           betweene
           Lanfranke
           and
           
             Odo
             ,
             An
          
           :
           1071.
           
             and
             betweene
             the
             King
             and
             Anselme
             ,
             pag
             :
          
           15
           ,
           16.
           and
           the
           determining
           of
           Treason
           
             of
             John
          
           (
           afterwards
           King
           )
           against
           his
           Lord
           and
           King
           Richard
           ,
           pag
           :
           23.
           
           And
           the
           difference
           concerning
           the
           title
           of
           a
           Barony
           between
           Mowbray
           and
           Scotvile
           ,
           pag
           :
           
           25.
           
           And
           giving
           of
           security
           of
           good
           behaviour
           by
           
             William
             Brawse
          
           to
           King
           John
           ,
           pag.
           26.
           
           All
           these
           might
           well
           be
           determined
           onely
           before
           the
           Lords
           ,
           and
           yet
           the
           Parliament
           might
           be
           then
           sitting
           or
           not
           sitting
           ,
           as
           the
           contrary
           to
           either
           doth
           not
           appeare
           ,
           and
           therefore
           can
           these
           forme
           no
           demonstrative
           ground
           to
           prove
           that
           the
           Parliament
           consisted
           in
           those
           times
           ,
           onely
           of
           such
           as
           we
           now
           call
           the
           House
           of
           Lords
           .
        
         
           A
           third
           worke
           whereby
           the
           Opponent
           would
           prove
           the
           Parliament
           to
           consist
           onely
           of
           the
           House
           of
           Lords
           ,
           is
           ,
           because
           hee
           findeth
           many
           things
           by
           them
           concluded
           touching
           the
           solemnization
           ,
           and
           the
           settling
           of
           the
           succession
           of
           Kings
           ;
           both
           which
           ,
           he
           saith
           ,
           were
           done
           by
           the
           Lords
           in
           Parliament
           ,
           or
           those
           of
           that
           House
           ;
           and
           I
           shall
           crave
           leave
           to
           conclude
           the
           contrary
           :
           For
           neither
           is
           the
           election
           ,
           or
           Solemnization
           of
           such
           election
           ,
           a
           proper
           worke
           of
           the
           Parliament
           ,
           according
           to
           the
           Opponents
           principles
           ,
           nor
           can
           they
           prove
           such
           Conventions
           ,
           wherein
           they
           were
           to
           be
           Parliaments
           .
           Not
           the
           election
           of
           Kings
           ,
           for
           then
           may
           a
           Parliament
           be
           without
           a
           King
           ;
           and
           therefore
           that
           instance
           concerning
           
             William
             Rufus
             ,
             page
          
           16.
           will
           faile
           ,
           or
           the
           Opponents
           principles
           ,
           who
           will
           have
           no
           Parliament
           without
           a
           King.
           
        
         
           The
           like
           may
           also
           be
           sayde
           of
           the
           instance
           concerning
           King
           
             Steven
             ,
             page
          
           18.
           
           Much
           lesse
           can
           the
           solemnization
           of
           the
           election
           by
           Coronation
           ,
           be
           a
           proper
           worke
           for
           the
           Parliament
           :
           Neverthelesse
           the
           Opponent
           doth
           well
           know
           that
           both
           the
           election
           of
           a
           King
           ,
           and
           the
           solemnization
           of
           such
           election
           by
           Coronation
           ,
           are
           Spiritlesse
           motions
           ,
           without
           
           the
           presence
           of
           the
           people
           ;
           and
           therefore
           though
           his
           instance
           ,
           page
           17.
           concerning
           the
           election
           of
           Henry
           the
           First
           ,
           by
           the
           Bishops
           and
           Princes
           ,
           may
           seeme
           to
           be
           restrictive
           as
           to
           them
           ,
           yet
           it
           is
           not
           such
           in
           fact
           ;
           if
           
             Matthew
             Paris
          
           may
           be
           beleeved
           ,
           who
           telleth
           us
           ,
           that
           in
           the
           
             Conventus
             omnium
          
           ,
           was
           Clerus
           and
           
             Populus
             universus
          
           ,
           
           and
           might
           have
           been
           noted
           by
           the
           Opponent
           out
           of
           that
           
             Learned
             Antiquary
          
           ,
           so
           often
           by
           him
           cited
           ,
           if
           he
           had
           pleased
           to
           take
           notice
           of
           such
           matters
           .
        
         
           A
           fourth
           sort
           of
           Instances
           ,
           concerneth
           matters
           Ecclesiasticall
           ,
           and
           making
           of
           Canons
           ;
           and
           hereof
           enough
           hath
           been
           already
           sayd
           ,
           that
           such
           worke
           was
           absolutely
           challenged
           by
           the
           Church-motes
           ,
           as
           their
           proper
           worke
           ;
           and
           therefore
           the
           Instance
           ,
           page
           16
           ,
           17.
           of
           the
           Councill
           in
           Henry
           the
           firsts
           time
           ,
           and
           the
           Canons
           made
           by
           the
           Bishops
           there
           ;
           and
           that
           other
           called
           by
           Theobald
           Arch-Bishop
           of
           Canterbury
           ,
           and
           instanced
           by
           the
           Opponent
           ,
           page
           19.
           
           I
           say
           ,
           both
           these
           doe
           faile
           in
           the
           conclusion
           propounded
           .
        
         
           Fifthly
           ,
           As
           touching
           the
           most
           proper
           worke
           of
           Parliaments
           ,
           which
           is
           ,
           the
           making
           of
           Lawes
           concerning
           the
           liberties
           and
           benefit
           of
           the
           people
           ;
           the
           Opponent
           produceth
           not
           one
           instance
           concerning
           the
           same
           ,
           which
           doth
           not
           conclude
           contrary
           to
           his
           proposall
           ;
           for
           as
           touching
           those
           two
           instances
           in
           his
           thirteenth
           page
           ,
           Anno
           1060.
           they
           concerne
           not
           the
           making
           of
           Lawes
           ,
           but
           the
           reviving
           of
           such
           as
           had
           been
           disused
           formerly
           ,
           which
           might
           well
           enough
           be
           done
           by
           private
           Councell
           .
           But
           as
           to
           that
           in
           his
           fifteenth
           page
           ,
           of
           the
           Law
           made
           by
           the
           Conquerour
           ,
           concerning
           Remigius
           ,
           Bishop
           of
           
           Lincolne
           ,
           although
           it
           be
           true
           ,
           that
           wee
           finde
           not
           the
           particular
           titles
           of
           Knights
           ,
           Citizens
           ,
           and
           Burgesses
           ,
           yet
           besides
           the
           Councill
           of
           Arch-Bishops
           ,
           Bishops
           ,
           Abbats
           ,
           and
           Princes
           ,
           we
           finde
           the
           Common
           Councill
           ;
           for
           so
           the
           words
           are
           ,
           
             Communi
             Concilio
             ,
             &
             Concilio
             Archiepiscopus
             ,
             Episcopus
             ,
             Abatus
             ,
             &
             omnium
             Principum
             ,
          
           although
           the
           Opponent
           would
           seeme
           to
           wave
           these
           words
           ,
           
             Et
             Concilio
          
           ,
           but
           putting
           them
           in
           a
           small
           Character
           ,
           and
           the
           rest
           in
           a
           voluminous
           Letter
           ,
           that
           the
           Readers
           eyes
           might
           be
           filled
           with
           them
           and
           overlook
           the
           other
           .
        
         
           Secondly
           ,
           as
           to
           the
           instance
           of
           the
           Councill
           at
           Clarindon
           ,
           in
           his
           nineteenth
           page
           ,
           which
           he
           citeth
           out
           of
           
             Matthew
             Paris
             ,
             Matthew
             Westminster
          
           ,
           and
           Hoveden
           ,
           although
           he
           pleaseth
           to
           mention
           the
           severall
           rankes
           of
           Great
           Men
           ,
           and
           those
           in
           blacke
           Letters
           of
           a
           greater
           size
           ;
           and
           saith
           ,
           That
           not
           one
           Commoner
           appeares
           ,
           yet
           Master
           
             Seldens
             Hoveden
          
           ,
           in
           that
           very
           place
           ,
           
           so
           often
           by
           the
           Opponent
           cited
           ,
           tells
           him
           ,
           that
           both
           Clerus
           and
           Populus
           were
           there
           .
        
         
           Thirdly
           ,
           The
           Opponent
           citeth
           an
           instance
           of
           Lawes
           made
           by
           Richard
           the
           First
           ,
           in
           his
           twenty
           fourth
           page
           ,
           and
           hee
           setteth
           downe
           the
           severall
           ranks
           of
           Great
           Men
           ,
           and
           amongst
           the
           rest
           ,
           ingeniously
           mentioneth
           ,
           Milites
           ,
           but
           it
           is
           with
           a
           Glosse
           of
           his
           owne
           ,
           that
           they
           were
           Barons
           that
           were
           made
           Knights
           ,
           when
           as
           formerly
           Barons
           were
           mentioned
           in
           the
           generall
           ,
           and
           therefore
           how
           proper
           this
           Glosse
           is
           ,
           let
           others
           judge
           ;
           especially
           seeing
           that
           not
           onely
           Milites
           ,
           and
           
             Milites
             Gregorij
          
           ,
           but
           even
           Ministri
           ,
           were
           present
           in
           such
           conventions
           ,
           even
           in
           the
           Saxon
           times
           :
           And
           Master
           Selden
           in
           the
           
           former
           knowne
           place
           ,
           mentioneth
           an
           Observation
           ,
           that
           ,
           
           
             Vniversi
             personae
             qui
             de
             Rege
             tenent
             in
             Capite
             ,
             sicut
             ceteri
             Barones
             debent
             interesse
             judicijs
             curiae
             Domini
             Regis
             cum
             Baronibus
             .
          
        
         
           Fourthly
           ,
           He
           citeth
           in
           his
           twenty
           fifth
           page
           ,
           another
           instance
           in
           King
           Johns
           time
           ,
           in
           which
           ,
           after
           the
           assent
           of
           Earles
           ,
           and
           Barons
           ,
           the
           words
           ,
           
             Et
             omnium
             fidelium
             nostrorum
          
           ,
           are
           also
           annexed
           ,
           but
           with
           this
           conceit
           of
           the
           Opponents
           ,
           that
           these
           Fideles
           were
           those
           that
           adhered
           to
           the
           King
           ,
           against
           his
           enemies
           ;
           be
           it
           so
           ,
           for
           then
           the
           Commons
           were
           present
           ,
           and
           did
           assent
           ;
           or
           they
           may
           be
           ,
           saith
           he
           ,
           some
           specially
           summoned
           as
           Assistants
           ;
           take
           that
           also
           ,
           and
           then
           all
           the
           true
           hearted
           in
           the
           Kingdome
           were
           specially
           summoned
           and
           were
           there
           ,
           so
           as
           the
           conclusion
           will
           be
           the
           same
           .
        
         
           In
           the
           fifth
           place
           ,
           hee
           citeth
           a
           strange
           President
           (
           as
           he
           calls
           it
           )
           of
           a
           Writt
           of
           Summons
           in
           King
           Johns
           time
           ,
           in
           his
           twenty
           seventh
           page
           ,
           wherein
           
             Omnes
             miletes
          
           were
           summoned
           ,
           
             Cum
             armis
             suis
          
           ,
           and
           he
           concludes
           therefore
           the
           same
           was
           a
           Councell
           of
           Warr.
           
        
         
           First
           ,
           Because
           they
           were
           to
           come
           armed
           ,
           it
           s
           very
           true
           ,
           and
           so
           they
           did
           unto
           the
           Councills
           in
           the
           ancient
           Saxon
           times
           ,
           and
           so
           the
           Knights
           of
           the
           Counties
           ought
           to
           doe
           in
           these
           dayes
           ,
           if
           they
           obey
           the
           Writte
           ,
           
             Duos
             Milites
             gladijs
             cinctas
             ,
             &c.
             
          
        
         
           Secondly
           ,
           He
           saith
           ,
           That
           the
           Knights
           were
           not
           to
           come
           to
           Councill
           ;
           that
           is
           his
           opinion
           ,
           yet
           the
           Writt
           speakes
           ,
           that
           the
           
             Discreti
             Milites
          
           were
           to
           come
           ,
           
             Ad
             loquendum
             cum
             Rege
             ad
             negotijs
             regni
             :
          
           Its
           true
           ,
           saith
           hee
           ,
           but
           not
           ,
           
             Ad
             tractandum
             &
             faciendum
             
             &
             consentiendum
          
           ▪
           Its
           true
           ,
           it
           s
           not
           so
           sayd
           ,
           nor
           is
           it
           excluded
           ;
           and
           were
           it
           so
           ,
           yet
           the
           Opponents
           conclusion
           will
           not
           thence
           arise
           ,
           That
           none
           but
           the
           King
           ,
           and
           those
           who
           are
           of
           the
           House
           of
           Lords
           were
           there
           present
           .
        
         
           The
           sixth
           and
           last
           instance
           mentioned
           by
           the
           Opponent
           ,
           is
           in
           his
           thirtieth
           page
           ,
           and
           concerneth
           Escuage
           granted
           to
           King
           John
           ,
           who
           by
           his
           Charter
           granted
           ,
           that
           in
           such
           cases
           he
           would
           summon
           Arch-Bishops
           ,
           Bishops
           ,
           Abbots
           ,
           Earles
           ,
           and
           the
           greater
           Barons
           ,
           unto
           such
           Conventions
           by
           speciall
           Writts
           ,
           and
           that
           the
           Sheriffe
           shall
           summon
           promiscuously
           all
           others
           which
           hold
           in
           Capite
           ;
           and
           thence
           hee
           concludes
           ,
           That
           none
           but
           the
           Great
           Lords
           ,
           and
           the
           Tenants
           in
           Capite
           (
           whom
           he
           calls
           the
           lesser
           Barons
           )
           were
           present
           ,
           but
           no
           Knights
           ,
           Citizens
           ,
           or
           Burgesses
           ;
           all
           which
           being
           granted
           ,
           yet
           in
           full
           Parliament
           the
           Citizens
           and
           Burgesses
           might
           be
           there
           .
           For
           Councills
           were
           called
           of
           such
           persons
           as
           suited
           to
           the
           matter
           to
           be
           debated
           upon
           .
        
         
           If
           for
           matters
           purely
           Ecclesiasticall
           ,
           the
           King
           and
           his
           Councell
           of
           Lords
           ,
           and
           the
           Church-men
           made
           up
           the
           Councill
           .
        
         
           If
           for
           advice
           in
           immergencies
           ,
           the
           King
           and
           such
           Lords
           as
           were
           next
           at
           hand
           determined
           the
           conclusions
           .
        
         
           If
           for
           Escuage
           ,
           the
           King
           and
           such
           as
           were
           to
           pay
           Escuage
           ,
           made
           up
           a
           Councill
           to
           ascertaine
           the
           sum
           ,
           which
           was
           otherwise
           uncertaine
           .
        
         
           If
           for
           matters
           that
           concerned
           the
           common
           liberty
           ,
           all
           sorts
           were
           present
           ,
           
           as
           may
           appeare
           out
           
           of
           the
           very
           Charter
           of
           King
           John
           ,
           noted
           in
           my
           former
           discourse
           ,
           
           page
           ,
           258.
           and
           also
           from
           an
           Observation
           of
           Cambden
           ,
           concerning
           Henry
           the
           third
           ,
           
             Ad
             summum
             honorem
             pertinet
          
           (
           saith
           he
           )
           
             Ex
             quo
             Rex
             Henricus
             tertius
             ,
             ex
             tanta
             multitudine
             quae
             seditiosa
             ac
             turbulenta
             fuit
             optimos
             quosque
             ad
             Commitia
             Parliamentaria
             evocaverit
             .
          
        
         
           Secondly
           ,
           The
           Opponent
           takes
           that
           for
           granted
           that
           never
           will
           be
           ,
           Viz.
           That
           all
           the
           Kings
           Tenants
           
             In
             Capite
          
           ,
           were
           of
           the
           House
           of
           Lords
           ;
           when
           as
           himselfe
           acknowledgeth
           a
           difference
           ,
           page
           28.
           
           Viz.
           That
           the
           Barons
           are
           summoned
           by
           Writs
           ,
           Sigillatim
           ,
           as
           all
           the
           Members
           of
           the
           House
           of
           Lords
           are
           ,
           but
           these
           are
           by
           generall
           summons
           ,
           their
           number
           great
           ,
           and
           hard
           it
           will
           be
           to
           understand
           ,
           how
           ,
           or
           when
           ,
           they
           came
           to
           be
           excluded
           from
           that
           Society
           .
        
         
           I
           shall
           insist
           no
           further
           upon
           the
           particulars
           of
           this
           Tractate
           ,
           but
           demurr
           upon
           the
           whole
           matter
           ,
           and
           leave
           it
           to
           judgement
           upon
           the
           premises
           ,
           which
           might
           have
           beene
           much
           better
           reduced
           to
           the
           maine
           conclusion
           ,
           if
           the
           Opponent
           ,
           in
           the
           first
           place
           ,
           had
           defined
           the
           word
           PARLIAMENT
           :
           For
           if
           it
           was
           a
           Convention
           without
           the
           People
           ,
           and
           sometimes
           without
           the
           KING
           ,
           as
           in
           the
           Cases
           formerly
           mentioned
           ,
           of
           the
           Elections
           of
           
             William
             Rufus
          
           ,
           and
           of
           
             King
             Steven
          
           :
           And
           if
           sometimes
           a
           Parliament
           of
           Lords
           onely
           ,
           may
           be
           against
           the
           King
           ,
           and
           so
           without
           King
           or
           People
           ;
           as
           in
           the
           Case
           betweene
           Steven
           and
           Maud
           the
           Empresse
           ,
           
           and
           the
           case
           likewise
           concerning
           King
           John
           ,
           both
           which
           also
           were
           formerly
           mentioned
           ;
           possibly
           it
           may
           be
           thought
           as
           rationall
           for
           the
           Commons
           in
           after
           Ages
           ,
           to
           hold
           a
           Parliament
           without
           King
           ,
           or
           House
           of
           Lords
           ;
           and
           then
           all
           the
           Opponents
           labour
           is
           to
           little
           purpose
           .
        
      
    
     
       
         
         
         
           THE
           CONTINUATION
           OF
           AN
           Historicall
           Discourse
           of
           the
           Government
           of
           ENGLAND
           .
        
         
           THE
           former
           times
           ,
           since
           the
           Norman
           entry
           like
           a
           rugged
           Sea
           ,
           by
           crosse
           windes
           of
           arbitrary
           vapours
           ,
           in
           ,
           and
           about
           the
           Crowne
           ;
           and
           by
           Forraine
           ingagements
           from
           the
           holy
           Chaire
           ,
           made
           the
           true
           face
           of
           affaires
           cloudy
           and
           troublesome
           ,
           both
           for
           the
           Writer
           and
           the
           Reader
           .
        
         
           Hence
           forward
           ,
           for
           the
           space
           of
           three
           hundred
           yeares
           next
           ensuing
           ,
           Kings
           by
           experience
           and
           observation
           ,
           finding
           themselves
           unequall
           to
           the
           double
           chace
           of
           absolute
           Supremacy
           ,
           over
           the
           Sturdy
           Laity
           ,
           and
           incroaching
           Clergy
           ;
           you
           will
           observe
           ,
           to
           lay
           aside
           their
           pretentions
           against
           the
           peoples
           Liberties
           ,
           and
           more
           intentively
           to
           trench
           upon
           the
           Spiritualty
           ,
           now
           growne
           to
           defie
           all
           Government
           ,
           but
           that
           of
           Covetousnesse
           .
        
         
           Nor
           would
           these
           times
           allow
           further
           advantage
           to
           Kings
           in
           this
           worke
           ,
           they
           being
           either
           fainted
           by
           the
           tickle
           Title
           
           of
           the
           Crowne
           ,
           hovering
           between
           the
           two
           Houses
           of
           Yorke
           and
           Lancaster
           ,
           or
           drawne
           off
           to
           Forraine
           imployments
           ;
           as
           matters
           of
           greater
           concernment
           for
           the
           present
           well
           being
           of
           the
           Kingdome
           ,
           or
           for
           the
           spreading
           of
           the
           fame
           of
           such
           as
           desired
           to
           be
           renouned
           for
           valiant
           Men.
           
        
         
           It
           will
           be
           superfluous
           to
           recount
           the
           particular
           atchievements
           formerly
           attained
           by
           these
           Ecclesiasticall
           men
           ;
           the
           former
           Treatise
           hath
           already
           sayd
           what
           was
           thought
           needfull
           concerning
           that
           :
           For
           the
           future
           ,
           I
           shall
           even
           premise
           this
           ,
           That
           the
           insuing
           times
           being
           thus
           blessed
           with
           a
           truce
           ,
           or
           stricter
           League
           between
           Kings
           and
           Commons
           ;
           the
           errours
           in
           Government
           more
           readily
           doe
           appeare
           ;
           the
           corruptions
           in
           natures
           of
           men
           more
           frequently
           discover
           themselves
           ;
           and
           thereby
           the
           body
           of
           the
           Statute-Lawes
           begin
           to
           swell
           so
           bigg
           ,
           that
           I
           must
           be
           inforced
           to
           contract
           my
           account
           of
           them
           into
           a
           narrower
           compasse
           ;
           and
           render
           the
           same
           unto
           the
           Reader
           ,
           so
           farr
           forth
           onely
           as
           they
           shall
           concerne
           the
           generall
           streame
           of
           Government
           ;
           leaving
           those
           of
           privater
           regard
           ,
           unto
           every
           mans
           particular
           consideration
           ,
           as
           occasion
           shall
           lead
           him
           :
           For
           what
           ever
           other
           men
           please
           to
           insist
           upon
           ,
           this
           I
           take
           for
           a
           Maxime
           ,
           
             That
             though
             the
             Government
             of
             a
             King
             is
             declared
             by
             his
             actions
             ,
             yet
             the
             Government
             of
             a
             Kingdome
             is
             onely
             manifested
             by
             ancient
             Customes
             ,
             and
             publique
             Acts
             of
             Parliament
             .
          
        
         
           And
           because
           I
           have
           undertaken
           a
           generall
           Survey
           of
           the
           Reignes
           of
           thirteene
           severall
           Kings
           and
           Queenes
           of
           this
           Nation
           ;
           (
           for
           I
           shall
           not
           exceed
           the
           Issue
           of
           Henry
           the
           eighth
           )
           and
           to
           handle
           each
           of
           them
           apart
           ,
           will
           leave
           the
           Reader
           in
           a
           Wildernesse
           of
           particulars
           ,
           hard
           to
           comprehend
           in
           the
           generall
           summ
           ;
           I
           shall
           therefore
           reduce
           them
           all
           into
           three
           heads
           :
           Viz.
           Interest
           of
           Title
           ,
           Interest
           of
           Prerogative
           ,
           and
           Interest
           of
           Religion
           ;
           the
           last
           of
           which
           swayed
           much
           the
           three
           Children
           of
           Henry
           the
           Eighth
           ;
           the
           second
           as
           much
           in
           their
           two
           Ancestors
           ,
           
             Viz.
             Henry
          
           the
           Eighth
           ,
           and
           Henry
           the
           Seventh
           ;
           and
           the
           first
           in
           the
           three
           Henries
           of
           Lancaster
           ,
           and
           three
           succeeding
           Kings
           of
           the
           House
           of
           Yorke
           :
           And
           because
           Edward
           the
           Third
           and
           his
           Grandchilde
           
           Richard
           the
           Second
           ,
           doe
           come
           under
           none
           of
           these
           Interests
           ,
           I
           shall
           consider
           them
           joyntly
           ,
           as
           in
           way
           of
           Exordium
           to
           the
           rest
           ;
           although
           the
           course
           of
           the
           later
           was
           as
           different
           from
           the
           former
           ,
           as
           Lust
           falls
           short
           of
           a
           generous
           Spirit
           .
        
         
           
             CHAP.
             I.
             A
             summ
             of
             the
             severall
             Reignes
             of
             Edward
             the
             Third
             ,
             and
             Richard
             the
             Second
             .
          
           
             SEverall
             I
             may
             well
             call
             them
             ,
             because
             they
             are
             the
             most
             different
             in
             their
             wayes
             and
             ends
             ,
             of
             any
             two
             of
             that
             race
             ,
             that
             ever
             swayed
             their
             Scepter
             ;
             and
             yet
             the
             entrance
             of
             the
             first
             gave
             countenance
             to
             the
             conclusion
             of
             the
             last
             .
             For
             the
             Scepter
             being
             cast
             away
             ,
             or
             lost
             by
             Edward
             the
             Second
             ,
             it
             was
             the
             Lot
             of
             his
             Son
             ,
             Edward
             the
             Third
             ,
             a
             Youth
             of
             fifteen
             yeares
             of
             age
             ,
             to
             take
             it
             up
             ;
             he
             knowing
             whose
             it
             was
             ,
             and
             feeling
             it
             too
             heavy
             for
             him
             ,
             was
             willing
             enough
             it
             should
             returne
             ;
             but
             being
             overswayed
             by
             Councels
             drawn
             from
             reason
             of
             State
             ,
             and
             pressed
             thereto
             by
             those
             that
             resolved
             not
             to
             trust
             his
             Father
             any
             more
             ,
             he
             wisely
             chose
             to
             manage
             it
             himselfe
             ,
             rather
             then
             to
             adventure
             it
             in
             another
             hand
             ;
             but
             that
             is
             not
             all
             ,
             for
             as
             its
             never
             seene
             that
             the
             Crowne
             doth
             thrive
             after
             Divorce
             from
             the
             Scepter
             ,
             but
             like
             a
             blasted
             blossome
             ,
             falls
             off
             at
             the
             next
             gale
             of
             adversity
             ;
             such
             was
             the
             issue
             to
             Edward
             the
             Second
             ,
             his
             Power
             once
             gone
             ,
             his
             Honour
             followed
             soon
             after
             ,
             he
             had
             ceased
             to
             be
             King
             ,
             and
             within
             a
             small
             time
             did
             cease
             to
             be
             Edward
             .
          
           
             His
             Son
             ,
             thus
             made
             compleate
             by
             his
             Fathers
             spoyle
             ,
             had
             the
             honour
             to
             be
             the
             Repairer
             of
             the
             ruines
             that
             his
             Father
             had
             made
             ;
             and
             was
             a
             Prince
             which
             you
             might
             thinke
             by
             his
             story
             ,
             to
             be
             seldome
             at
             home
             ,
             and
             by
             his
             Lawes
             seldome
             abroad
             ;
             nor
             can
             it
             be
             reconciled
             without
             wonder
             ,
             that
             Providence
             
             should
             at
             once
             bestow
             upon
             England
             ,
             a
             couragious
             People
             ,
             brave
             Captaines
             ,
             wise
             Councell
             ,
             and
             a
             King
             that
             had
             the
             endowments
             of
             them
             all
             .
             Otherwise
             it
             had
             out-reached
             conceit
             it selfe
             ,
             that
             this
             small
             Island
             ,
             wasted
             by
             the
             Barons
             Warrs
             ,
             the
             people
             beaten
             out
             of
             heart
             by
             all
             Enemies
             ,
             in
             the
             time
             of
             the
             Father
             ,
             should
             neverthelesse
             in
             the
             time
             of
             the
             Son
             ,
             with
             honour
             ,
             wade
             through
             so
             many
             difficulties
             of
             mighty
             Warrs
             on
             every
             side
             abroad
             ,
             and
             devouring
             Pestilence
             at
             home
             ;
             and
             yet
             lay
             a
             platforme
             of
             an
             Epulent
             ,
             wise
             ,
             and
             peaceable
             Government
             ,
             for
             future
             Generations
             .
          
           
             Yet
             hee
             had
             his
             failings
             and
             misfortunes
             ,
             a
             great
             part
             whereof
             may
             be
             attributed
             to
             infirmity
             of
             Age
             ;
             which
             in
             the
             first
             part
             of
             his
             Reigne
             was
             too
             little
             ,
             and
             in
             the
             later
             part
             too
             much
             .
             True
             it
             is
             ,
             that
             Governours
             of
             the
             Persons
             of
             Kings
             ,
             may
             in
             some
             measure
             supply
             defects
             of
             Non-age
             ,
             but
             seldome
             where
             the
             Governours
             are
             many
             ,
             and
             never
             if
             they
             be
             ambitious
             :
             And
             it
             was
             this
             Kings
             fate
             to
             miscarry
             in
             both
             ;
             for
             he
             had
             in
             his
             Youth
             twelve
             Governours
             by
             constitution
             ,
             and
             they
             ,
             two
             supreame
             by
             usurpation
             ,
             Viz.
             The
             Queen
             and
             Mortimer
             ,
             till
             they
             were
             both
             consumed
             in
             the
             flame
             which
             themselves
             had
             kindled
             .
             And
             this
             disparity
             wrought
             somewhat
             unsuccessefully
             in
             the
             Kings
             first
             Warr
             :
             For
             the
             generosity
             of
             his
             spirit
             (
             himselfe
             being
             young
             and
             active
             )
             minded
             his
             Councell
             to
             advise
             him
             imployment
             in
             a
             Forraine
             Warr
             ,
             rather
             then
             they
             would
             adventure
             its
             motion
             at
             home
             ,
             least
             it
             might
             prove
             circular
             ,
             which
             is
             most
             dangerous
             for
             Government
             ,
             if
             the
             Prince
             be
             not
             under
             command
             of
             himselfe
             .
          
           
             This
             first
             Warr
             was
             with
             Scotland
             ,
             whose
             power
             was
             inferiour
             to
             that
             of
             France
             ;
             the
             King
             young
             ,
             and
             the
             danger
             neerer
             ;
             and
             therefore
             though
             the
             last
             affront
             was
             from
             France
             ,
             that
             more
             fresh
             in
             memory
             ,
             and
             more
             peinant
             ;
             yet
             the
             King
             was
             advised
             to
             give
             place
             ,
             and
             speake
             faire
             ,
             till
             he
             had
             tryed
             masteries
             with
             Scotland
             ,
             and
             thereby
             secured
             his
             Rere
             :
             This
             he
             wisely
             hearkened
             unto
             ,
             and
             met
             with
             such
             a
             successefull
             turne
             of
             Providence
             ,
             that
             like
             an
             
               O
               Yes
            
             before
             
             a
             Proclamation
             gives
             warning
             to
             Scotland
             that
             the
             Wheele
             is
             turned
             upon
             them
             ;
             and
             that
             there
             is
             somewhat
             more
             then
             humane
             motion
             in
             the
             matter
             ,
             that
             exasperates
             the
             English
             upon
             an
             enterprize
             ,
             so
             often
             crossed
             by
             Providence
             hitherto
             ;
             and
             the
             King
             also
             (
             being
             but
             a
             Souldier
             in
             hope
             as
             yet
             )
             to
             dare
             against
             those
             that
             had
             so
             shamefully
             foyled
             his
             Father
             ,
             and
             also
             put
             himselfe
             already
             once
             to
             the
             Retreat
             .
          
           
             And
             yet
             there
             did
             concurr
             a
             kinde
             of
             necessity
             of
             second
             Causes
             ;
             for
             ,
             the
             King
             found
             the
             Crowne
             ingaged
             ,
             and
             the
             minds
             of
             the
             Scots
             so
             elate
             ,
             as
             the
             English
             mans
             case
             was
             not
             to
             live
             to
             Fight
             ,
             but
             to
             Fight
             to
             live
             ;
             and
             so
             imbittered
             against
             one
             another
             by
             the
             fierce
             Warrs
             under
             the
             Barrons
             ,
             that
             nothing
             could
             quench
             the
             fire
             ,
             but
             the
             withdrawing
             of
             the
             Brands
             into
             Forraine
             action
             ,
             like
             some
             angry
             spirits
             that
             spoyle
             their
             owne
             bodyes
             ,
             unlesse
             they
             chide
             or
             fight
             it
             out
             with
             others
             .
          
           
             In
             the
             first
             brunt
             with
             Scotland
             ,
             the
             King
             gained
             nothing
             ,
             but
             understanding
             of
             the
             humours
             of
             some
             of
             his
             great
             Lords
             ;
             which
             once
             purged
             out
             ,
             he
             renues
             the
             Warr
             ,
             prevailes
             ,
             and
             after
             ten
             yeares
             stirr
             (
             wherein
             hee
             became
             a
             trained
             Souldier
             against
             the
             Scots
             )
             hee
             wann
             the
             Crosse
             ,
             and
             then
             goes
             to
             play
             his
             Prize
             in
             France
             ,
             to
             compleat
             his
             Crowne
             with
             the
             Flower
             
               De
               lis
            
             :
             Which
             was
             the
             great
             worke
             of
             the
             rest
             of
             his
             Reigne
             ;
             in
             which
             foure
             parts
             of
             five
             was
             Victorious
             ;
             the
             fifth
             and
             last
             ,
             was
             declining
             like
             some
             Gamesters
             ,
             that
             winn
             at
             the
             first
             ,
             and
             for
             want
             of
             observation
             of
             the
             turning
             of
             the
             Dice
             ,
             come
             off
             loosers
             at
             the
             end
             .
          
           
             For
             the
             King
             being
             rather
             satiated
             then
             satisfied
             with
             Victory
             and
             Honour
             ,
             returned
             home
             to
             enjoy
             what
             he
             had
             ,
             leaving
             his
             Son
             ,
             the
             Black
             Prince
             ,
             to
             pursue
             the
             Warr
             ,
             and
             to
             act
             the
             Souldiers
             alone
             ,
             who
             now
             began
             to
             honour
             his
             Valour
             above
             his
             Fathers
             .
             But
             ,
             the
             Tyde
             is
             spent
             ,
             the
             Prince
             of
             Chivalry
             dyes
             ,
             the
             brave
             Commanders
             wasted
             ;
             and
             the
             French
             too
             fickle
             to
             continue
             subject
             to
             the
             English
             ,
             longer
             then
             needs
             must
             ,
             tack
             about
             for
             another
             Adventure
             ,
             and
             
             make
             it
             plaine
             ,
             that
             France
             is
             too
             bigg
             to
             be
             Garrison'd
             by
             England
             ,
             and
             that
             it
             will
             cost
             England
             more
             to
             hold
             it
             then
             to
             have
             it
             .
          
           
             His
             Religion
             was
             more
             to
             the
             purpose
             ,
             then
             of
             any
             of
             his
             Predecessors
             since
             the
             Norman
             times
             ;
             he
             reflected
             upon
             God
             in
             common
             events
             ,
             
             more
             ordinarily
             then
             the
             generall
             streame
             of
             the
             Clergy
             did
             in
             those
             dayes
             :
             He
             loved
             ,
             if
             not
             adored
             devout
             men
             and
             their
             prayers
             ,
             and
             yet
             intentively
             disclaimed
             opinion
             of
             merits
             in
             the
             Creature
             :
             Hee
             saw
             the
             Pope
             through
             and
             through
             ,
             loved
             him
             but
             little
             ,
             feared
             him
             lesse
             ,
             and
             yet
             lost
             neither
             Honour
             nor
             Power
             thereby
             .
          
           
             His
             cheife
             policy
             at
             home
             ,
             was
             ,
             to
             be
             much
             at
             home
             ,
             great
             with
             his
             People
             ,
             and
             they
             great
             with
             him
             ;
             what
             the
             Parliament
             did
             ,
             he
             accounted
             well
             done
             ;
             he
             never
             questioned
             their
             Power
             ,
             though
             he
             was
             over-reached
             in
             questioning
             their
             Wisedome
             :
             For
             he
             that
             shall
             preferr
             his
             owne
             wisedome
             above
             that
             of
             the
             Parliament
             ,
             must
             needs
             thinke
             himselfe
             extreamly
             Wise
             ;
             and
             so
             much
             the
             more
             ,
             to
             know
             himselfe
             to
             be
             such
             :
             But
             the
             worst
             of
             his
             fate
             was
             ,
             to
             live
             to
             his
             Winter
             age
             ,
             and
             after
             fifty
             yeares
             Reigne
             ,
             or
             more
             ,
             to
             dye
             in
             his
             minority
             under
             the
             rule
             of
             a
             Woman
             of
             none
             of
             the
             best
             fame
             ,
             after
             hee
             had
             so
             long
             enjoyed
             the
             honour
             of
             greatest
             note
             in
             the
             Christian
             World
             ,
             in
             his
             dayes
             .
          
           
             
             Such
             was
             not
             Richard
             the
             Second
             ,
             though
             the
             onely
             Son
             of
             that
             famous
             Cheiftaine
             ,
             the
             Black
             Prince
             of
             Wales
             ;
             (
             a
             renouned
             Son
             of
             a
             renouned
             Father
             )
             but
             (
             as
             a
             Plant
             transplanted
             into
             a
             Savage
             soyle
             )
             in
             degree
             and
             disposition
             wholly
             degenerate
             ,
             retained
             a
             tincture
             of
             the
             light
             inconstancy
             of
             his
             Mother
             ,
             and
             the
             luxuriousnesse
             of
             his
             Great
             Grandfather
             ,
             Edward
             the
             Second
             ,
             and
             running
             his
             course
             ,
             came
             to
             his
             end
             .
          
           
             
             His
             entrance
             ,
             however
             by
             colour
             of
             Inheritance
             ,
             yet
             was
             a
             greater
             adventure
             then
             his
             Predecessors
             ,
             that
             came
             in
             by
             election
             ;
             upon
             the
             designation
             of
             his
             Father
             by
             his
             last
             Will
             ,
             say
             some
             .
             For
             this
             man
             came
             in
             upon
             many
             disadvantages
             ,
             both
             of
             time
             and
             person
             :
             The
             times
             were
             very
             
             troublesome
             ,
             the
             Kingdome
             new
             wrapped
             up
             in
             a
             double
             Warr
             abroad
             ,
             and
             (
             which
             is
             worse
             )
             flooded
             with
             distractions
             at
             home
             ,
             contracted
             partly
             by
             his
             Predecessors
             weaknesses
             in
             his
             decrepit
             estate
             ,
             partly
             by
             a
             new
             interest
             of
             Religion
             sprung
             up
             against
             the
             Papall
             Tyranny
             ,
             from
             the
             Doctrine
             of
             Wickleiff
             ;
             all
             which
             required
             a
             very
             wise
             Man
             ,
             and
             a
             brave
             Commander
             ,
             in
             both
             which
             the
             King
             fayled
             .
          
           
             Religion
             now
             began
             to
             dawne
             through
             the
             foggs
             of
             Romish
             usurpations
             and
             superstitions
             ,
             ayded
             thereto
             by
             a
             Scisme
             in
             the
             triple
             Crowne
             ,
             that
             continued
             forty
             yeares
             ,
             with
             much
             virulency
             abroad
             ,
             and
             with
             as
             bad
             influence
             upon
             our
             Myters
             at
             home
             :
             Some
             of
             whom
             were
             called
             Clementines
             ,
             others
             Vrbanists
             ,
             and
             yet
             none
             of
             them
             all
             worthy
             of
             eyther
             of
             the
             Names
             ,
             in
             their
             proper
             signification
             .
             The
             Laity
             ,
             though
             lookers
             on
             ,
             yet
             were
             not
             quiet
             :
             For
             though
             Liberty
             be
             a
             hopefull
             thing
             ,
             yet
             its
             dangerous
             to
             them
             that
             are
             not
             a
             Law
             to
             themselves
             ;
             especially
             in
             matter
             of
             Opinion
             ;
             for
             that
             arraines
             the
             rule
             ,
             and
             layes
             the
             way
             open
             to
             licentiousnesse
             .
             And
             now
             that
             the
             Liberty
             from
             the
             Keyes
             began
             to
             be
             taught
             as
             a
             duty
             of
             Religion
             ,
             the
             inferiour
             sort
             meet
             with
             Doctrines
             of
             licentiousnesse
             ,
             upon
             mistake
             of
             the
             notion
             ,
             and
             will
             acknowledge
             no
             rule
             now
             they
             must
             be
             all
             at
             liberty
             :
             and
             thus
             sprang
             up
             the
             insurrection
             of
             the
             Servants
             and
             Bond-men
             against
             their
             Lords
             and
             Masters
             ,
             under
             Cade
             and
             Strawe
             ;
             that
             might
             have
             brought
             the
             Common
             wealth
             into
             a
             hideous
             Chaos
             ,
             had
             not
             the
             Lords
             and
             Great
             Men
             betimes
             bestirred
             themselves
             ;
             and
             the
             King
             shewed
             an
             extraordinary
             spirit
             ,
             or
             rather
             a
             kinde
             of
             rage
             ,
             that
             put
             it selfe
             forth
             beyond
             the
             ordinary
             temper
             of
             his
             minde
             .
             Much
             of
             this
             mischeife
             was
             imputed
             to
             Wickleiffs
             Doctrine
             ;
             
             for
             it
             is
             an
             ordinary
             thing
             to
             proclaime
             all
             evills
             ,
             concurring
             with
             the
             very
             joynt
             of
             Reformation
             ,
             to
             be
             the
             proper
             fruits
             thereof
             ;
             but
             I
             looke
             upon
             it
             as
             a
             fruit
             of
             corruption
             that
             indeavours
             to
             stopp
             the
             breath
             of
             Reformation
             in
             the
             birth
             ;
             and
             there
             is
             somewhat
             of
             a
             hidden
             influence
             from
             Above
             in
             the
             thing
             ;
             for
             it
             was
             not
             onely
             the
             Cupp
             of
             England
             ,
             to
             be
             thus
             
             troubled
             ,
             
             but
             France
             and
             other
             places
             ,
             had
             their
             portion
             sutable
             .
          
           
             The
             Kings
             minority
             rendred
             him
             unequall
             unto
             these
             contrary
             motions
             ;
             he
             was
             in
             his
             eleventh
             yeare
             ,
             when
             he
             entred
             the
             Throne
             ;
             and
             (
             which
             was
             worse
             )
             his
             yeares
             came
             on
             faster
             then
             his
             Parts
             ,
             but
             his
             worke
             posted
             before
             them
             all
             .
             The
             common
             helpe
             of
             Protectors
             left
             him
             yet
             more
             unhappy
             ,
             for
             they
             were
             prepossessed
             with
             strong
             ingagements
             of
             particular
             Interests
             ;
             and
             so
             were
             eyther
             not
             wise
             enough
             ,
             or
             not
             good
             enough
             for
             all
             .
             This
             brought
             forth
             a
             third
             inconvenience
             ,
             the
             change
             of
             Protectorship
             ;
             and
             that
             change
             of
             Affaires
             and
             Interests
             ,
             an
             uncertaine
             good
             that
             brings
             forth
             a
             certaine
             evill
             ;
             for
             variety
             of
             Instruments
             and
             Interests
             move
             severall
             wayes
             ,
             and
             though
             the
             end
             be
             one
             ;
             the
             difference
             concerning
             the
             way
             ,
             many
             times
             ,
             doth
             as
             much
             hinder
             the
             Journey
             ,
             as
             so
             many
             blocks
             in
             the
             way
             .
          
           
             The
             Protectorship
             was
             thrice
             changed
             ,
             the
             Kings
             Unkles
             had
             the
             first
             essay
             ;
             any
             one
             of
             them
             was
             bigg
             enough
             for
             one
             Kingdome
             ,
             but
             all
             of
             them
             together
             were
             too
             great
             to
             make
             one
             Protector
             .
             The
             Duke
             of
             Lancaster
             would
             have
             done
             well
             alone
             ,
             if
             he
             had
             been
             alone
             ,
             and
             that
             work
             alone
             ;
             but
             he
             being
             somewhat
             ingaged
             with
             the
             Wickleiffists
             ,
             and
             so
             intangled
             with
             the
             Clergy
             ,
             and
             other
             restlesse
             spirits
             ,
             and
             drawne
             off
             by
             his
             private
             ayme
             at
             the
             Crowne
             of
             Castile
             ,
             saw
             this
             worke
             too
             much
             ,
             and
             so
             he
             warily
             withdrew
             himselfe
             ,
             leaving
             the
             Directory
             to
             a
             Committee
             of
             Lords
             ,
             a
             soveraine
             Plaister
             ,
             questionlesse
             ,
             where
             the
             times
             are
             whole
             ,
             but
             not
             for
             these
             distractions
             ,
             wherein
             even
             the
             Committee
             it selfe
             suffered
             its
             share
             :
             Thus
             the
             breach
             is
             made
             the
             wider
             ;
             and
             for
             a
             cure
             of
             all
             ,
             the
             Government
             is
             committed
             into
             one
             hand
             ,
             wherein
             the
             Earle
             of
             Warwick
             acquitted
             himselfe
             well
             ,
             for
             he
             was
             wise
             enough
             to
             observe
             such
             as
             the
             people
             most
             honoured
             :
             And
             thus
             passed
             over
             the
             two
             first
             yeares
             of
             the
             Kings
             Reigne
             .
          
           
             The
             remainder
             of
             the
             Kings
             minority
             ,
             was
             rather
             in
             common
             repute
             then
             in
             true
             account
             :
             For
             the
             King
             ,
             however
             
             young
             ,
             took
             little
             more
             from
             the
             Protector
             ,
             then
             he
             saw
             meet
             to
             collour
             his
             own
             commands
             with
             opinion
             of
             Regularity
             ;
             and
             so
             his
             will
             came
             to
             full
             strength
             before
             his
             wisdome
             budded
             .
             Thus
             lifted
             up
             ,
             he
             sets
             himself
             above
             all
             interests
             of
             Parliament
             ,
             Protectors
             ,
             Councellors
             ,
             Unkles
             ,
             wise
             ,
             Men
             and
             Law
             ;
             leaving
             them
             all
             to
             be
             rules
             for
             those
             below
             .
             And
             so
             long
             as
             the
             Kings
             desire
             is
             thus
             served
             ,
             he
             is
             content
             to
             be
             reputed
             a
             Minor
             ,
             and
             be
             as
             it
             were
             under
             protection
             of
             others
             ,
             though
             not
             under
             their
             direction
             ;
             and
             is
             content
             to
             continue
             thus
             untill
             his
             two
             and
             twentieth
             year
             :
             Some
             might
             thinke
             him
             very
             moderate
             ,
             had
             hee
             been
             moderate
             ;
             but
             he
             forbears
             suing
             out
             his
             Livery
             so
             long
             as
             he
             may
             live
             without
             care
             ,
             and
             spend
             without
             controll
             :
             For
             by
             this
             time
             the
             humour
             of
             his
             great
             Grand-father
             budded
             in
             him
             ;
             he
             pawned
             his
             heart
             to
             young
             men
             of
             vast
             desires
             ,
             and
             some
             say
             so
             inordinately
             ,
             as
             he
             prostituted
             his
             chastitie
             unto
             them
             .
             And
             it
             s
             no
             wonder
             if
             the
             Revenues
             of
             the
             Crowne
             are
             insufficient
             for
             such
             Masters
             .
             Thi●
             the
             people
             soon
             felt
             ,
             and
             feared
             their
             own
             Free-holds
             :
             for
             they
             are
             bound
             ,
             saith
             he
             ,
             not
             to
             see
             the
             Crowne
             deflowred
             for
             want
             of
             maintenance
             ,
             it
             s
             very
             true
             ,
             nor
             to
             see
             the
             Crowne
             deflowred
             of
             its
             maintenance
             .
             A
             Parliament
             therefore
             is
             called
             ;
             in
             which
             diverse
             Lords
             associate
             ,
             
             and
             prepare
             Physick
             for
             the
             Kings
             lavish
             humour
             ,
             which
             being
             administred
             ,
             wrought
             for
             ten
             yeares
             after
             ,
             till
             it
             had
             purged
             him
             of
             his
             life
             ,
             and
             the
             Kingdome
             of
             their
             King.
             
          
           
             It
             was
             an
             Act
             of
             Parliament
             that
             gave
             power
             to
             fourteen
             Lords
             and
             others
             ,
             to
             regulate
             the
             Profits
             and
             Revenues
             of
             the
             Crowne
             ,
             and
             to
             doe
             Justice
             to
             the
             People
             ;
             this
             was
             to
             continue
             for
             one
             whole
             yeare
             .
             The
             Parasites
             no
             sooner
             found
             the
             effect
             hereof
             to
             their
             Cost
             ,
             but
             the
             King
             growes
             sicke
             of
             it
             ,
             and
             findes
             an
             Antidote
             to
             over-rule
             Acts
             of
             Parliament
             ,
             by
             Acts
             of
             Privy
             Councell
             ,
             declares
             this
             ill-favoured
             Commission
             voide
             ;
             and
             the
             Contrivers
             ,
             Advisers
             ,
             and
             Inforcers
             ,
             Traytors
             .
             To
             make
             it
             more
             Majesticall
             ,
             he
             causeth
             the
             Judges
             to
             Subscribe
             this
             Order
             ,
             and
             so
             it
             becomes
             Law
             in
             repute
             .
             This
             foundation
             thus
             laid
             ,
             he
             buildeth
             in
             hast
             an
             Impeachment
             of
             these
             Commissioners
             of
             high
             Treason
             ;
             and
             
             supposing
             that
             they
             would
             not
             readily
             stoope
             ,
             himselfe
             stoopes
             lower
             ;
             for
             he
             would
             put
             his
             Right
             to
             triall
             by
             battell
             ,
             which
             was
             already
             his
             owne
             ,
             by
             the
             judgement
             of
             the
             Masters
             of
             the
             Law
             :
             For
             so
             they
             may
             be
             well
             called
             ,
             seeing
             they
             had
             thus
             Mastered
             it
             .
             In
             this
             the
             King
             had
             the
             worst
             ,
             for
             he
             lost
             his
             Honour
             and
             himselfe
             :
             (
             God
             hath
             a
             care
             of
             common
             right
             even
             amongst
             Idolaters
             .
             )
             Then
             comes
             the
             Parliament
             of
             Wonders
             ,
             wherein
             the
             Kings
             Party
             are
             declared
             Traytors
             ,
             and
             the
             chiefe
             Judges
             with
             their
             Law
             ,
             judged
             by
             another
             Law.
             The
             King
             not
             medled
             with
             ,
             thinks
             it
             high
             time
             to
             come
             out
             of
             his
             Minority
             ,
             and
             assumes
             the
             Government
             of
             the
             Kingdome
             and
             himselfe
             ,
             to
             himself
             ,
             being
             now
             three
             and
             twenty
             yeares
             of
             age
             ;
             old
             enough
             to
             have
             done
             well
             if
             he
             had
             cared
             for
             it
             :
             But
             resolving
             to
             follow
             the
             way
             of
             his
             owne
             will
             ,
             at
             length
             it
             led
             him
             to
             his
             owne
             ruine
             :
             onely
             for
             the
             present
             two
             things
             delayed
             it
             ,
             Viz.
             The
             Authority
             ,
             Wisedome
             ,
             and
             Moderation
             of
             his
             Unckles
             ,
             especially
             of
             the
             Duke
             of
             Lancaster
             now
             come
             out
             of
             Spain
             ;
             and
             the
             great
             affection
             which
             the
             King
             pretended
             to
             the
             Queen
             ,
             who
             had
             also
             gained
             a
             good
             opinion
             amongst
             the
             People
             :
             The
             benevolent
             aspect
             of
             the
             People
             ,
             not
             for
             their
             owne
             advantage
             ,
             but
             for
             the
             Publick
             quiet
             ,
             procured
             many
             Parlies
             and
             interviewes
             between
             the
             King
             and
             People
             ,
             and
             many
             Lawes
             for
             the
             upholding
             of
             the
             Court
             and
             Government
             ,
             although
             both
             Warre
             ,
             Lawes
             ,
             Justice
             ,
             and
             Councells
             ,
             all
             are
             faint
             ,
             as
             all
             is
             faint
             in
             that
             man
             that
             hath
             once
             dismanned
             himself
             .
             This
             he
             perceives
             well
             enough
             ,
             and
             therefore
             Peace
             he
             must
             have
             by
             any
             means
             .
             The
             Queen
             dies
             ,
             himselfe
             being
             nigh
             eight
             and
             twenty
             yeares
             old
             ,
             takes
             a
             Creature
             like
             a
             Wife
             ,
             but
             in
             truth
             a
             Childe
             of
             eight
             yeares
             old
             ,
             and
             this
             is
             to
             get
             Peace
             with
             France
             .
             It
             s
             no
             wonder
             if
             now
             he
             hunts
             after
             unlawfull
             game
             ,
             and
             that
             being
             ill
             taken
             brings
             all
             things
             out
             of
             order
             (
             
               For
               abused
               Marriage
               never
               wants
               woe
               :
            
             )
             Civill
             men
             are
             now
             looked
             upon
             as
             
               severe
               Cators
            
             ;
             and
             his
             Unckles
             ,
             especially
             the
             
               Duke
               of
               Glocester
            
             with
             a
             jealous
             eye
             ,
             which
             accomplished
             his
             death
             in
             the
             conclusion
             .
             
               The
               Dukes
               of
               Lancaster
               and
               Yorke
               forsake
               the
               Court
               ,
            
             Favorites
             
             step
             into
             their
             roomes
             :
             The
             old
             way
             of
             the
             eleventh
             yeare
             is
             re-assumed
             :
             Belknap
             and
             others
             are
             pardoned
             ,
             and
             made
             of
             the
             Cabinet
             .
             The
             Pardon
             of
             the
             Earle
             of
             Arundell
             is
             adnulled
             ,
             contrary
             to
             the
             advise
             of
             the
             major
             part
             ,
             and
             the
             
               Arch
               Bishop
            
             ,
             the
             Earles
             brother
             is
             banished
             .
             The
             Lords
             forsake
             the
             wilfull
             King
             ,
             still
             the
             Kings
             jealousie
             swells
             ;
             The
             Duke
             of
             Hertford
             is
             banished
             ,
             or
             rather
             by
             a
             hidden
             Providence
             sent
             out
             of
             the
             way
             for
             a
             further
             worke
             .
             The
             Duke
             of
             Lancaster
             dies
             ,
             and
             with
             him
             all
             hope
             of
             moderation
             is
             gone
             ,
             for
             he
             was
             a
             wise
             Prince
             ,
             and
             the
             onely
             Cement
             that
             held
             the
             joynts
             of
             the
             Kingdome
             in
             correspondency
             .
             And
             he
             was
             ill
             requited
             ,
             for
             all
             his
             Estate
             is
             seised
             upon
             .
             The
             Duke
             of
             Hertford
             ,
             and
             his
             Party
             are
             looked
             upon
             by
             the
             People
             as
             Martyrs
             in
             the
             Common
             Cause
             ,
             and
             others
             as
             Royalists
             ;
             Extremities
             hasten
             on
             ,
             and
             Prerogative
             now
             upon
             the
             wing
             is
             towering
             above
             reach
             .
             In
             full
             Parliament
             downe
             goes
             all
             the
             worke
             of
             the
             tenth
             and
             eleventh
             yeares
             Parliament
             ,
             which
             had
             never
             bin
             ,
             if
             that
             Parliament
             had
             continued
             by
             adjournment
             .
             The
             King
             raiseth
             a
             Power
             which
             he
             calleth
             his
             Cuard
             ,
             of
             Cheshire
             men
             ;
             under
             the
             terror
             of
             this
             displaying
             rod
             ,
             
             the
             Parliament
             &
             Kingdom
             are
             brought
             to
             Confession
             :
             Cheshire
             for
             this
             service
             is
             made
             a
             Principality
             ;
             &
             thus
             goes
             Counties
             up
             ,
             and
             Kingdoms
             down
             .
             The
             Kings
             Conscience
             whispers
             a
             sad
             Message
             of
             dethroning
             ,
             and
             well
             it
             might
             be
             ,
             for
             he
             knew
             he
             had
             deserved
             it
             .
             Against
             this
             danger
             he
             intrenches
             himself
             in
             an
             Act
             of
             Parliament
             ,
             That
             made
             it
             Treason
             ,
             
               To
               purpose
               and
               endeavor
               to
               depose
               the
               King
               ,
            
             
             
               or
               levy
               War
               against
               him
               ,
               or
               to
               withdraw
               his
               Homage
               ,
               hereof
               being
               attainted
               in
               Parliament
               .
            
             And
             now
             he
             thought
             he
             was
             well
             guarded
             by
             Ingagement
             from
             the
             Parliament
             ,
             but
             he
             missed
             the
             right
             Conclusion
             for
             want
             of
             Logique
             :
             For
             if
             the
             Parliament
             it self
             shall
             depose
             him
             ,
             it
             cannot
             be
             made
             a
             Traytor
             ,
             or
             attaint
             it selfe
             ,
             and
             then
             hath
             the
             King
             gain'd
             no
             more
             then
             a
             fals
             birth
             .
          
           
             But
             the
             King
             was
             not
             thus
             quiet
             ,
             the
             sting
             of
             guilt
             still
             sticks
             within
             ,
             and
             for
             remedy
             he
             will
             unlaw
             the
             Law
             ;
             and
             gets
             it
             enacted
             ,
             that
             all
             Procurers
             of
             the
             Statute
             of
             10.
             
             Richard
             the
             Second
             ,
             and
             the
             Commission
             and
             Procurers
             of
             the
             Kings
             
             assent
             thereto
             ,
             and
             hinderers
             of
             the
             Kings
             proceedings
             ,
             are
             adjudged
             Traitors
             .
             All
             these
             reach
             onely
             the
             branches
             ,
             the
             root
             remains
             yet
             ,
             and
             may
             spring
             again
             ;
             and
             therefore
             in
             the
             last
             place
             ,
             have
             at
             the
             Parliament
             it self
             :
             For
             by
             the
             same
             its
             further
             declared
             ,
             That
             the
             King
             is
             the
             sole
             Master
             of
             the
             Propositions
             for
             matters
             to
             be
             treated
             in
             Parliament
             ,
             and
             all
             gainsayers
             are
             Traitors
             .
          
           
             Secondly
             ,
             That
             the
             King
             may
             dissolve
             the
             Parliament
             at
             his
             pleasure
             ,
             and
             all
             gainsayers
             are
             Traitors
             .
          
           
             Thirdly
             ,
             That
             the
             Parliament
             may
             not
             proceed
             against
             the
             Kings
             Justices
             ,
             for
             offences
             by
             them
             committed
             in
             Parliament
             ,
             without
             the
             Kings
             consent
             ,
             and
             all
             gainsayers
             are
             Traitors
             .
             These
             and
             the
             like
             Aphorismes
             once
             Voted
             by
             the
             Cheshire
             men
             ,
             assented
             unto
             by
             the
             Parliament
             ,
             with
             the
             Kings
             Fiat
             ,
             must
             passe
             for
             currant
             to
             the
             Judges
             ,
             and
             if
             by
             them
             confirmed
             or
             allowed
             ,
             will
             in
             the
             Kings
             opinion
             make
             it
             a
             Law
             for
             ever
             ,
             That
             the
             King
             and
             all
             Parliaments
             is
             
               Dominus
               fac
               primum
            
             ,
             and
             
               Dominus
               fac
               totum
            
             .
             But
             the
             Judges
             remembred
             the
             tenth
             yeare
             ,
             and
             Belknaps
             intertainment
             ,
             and
             so
             dealt
             warily
             ;
             their
             opinion
             is
             thus
             set
             down
             ,
             
               It
               belongeth
               to
               the
               Parliament
               to
               declare
               Treason
               ,
               yet
               if
               I
               were
               a
               Peere
               ,
               and
               were
               commanded
               ,
               I
               should
               agree
               :
            
             So
             did
             Thorning
             under-write
             ,
             and
             thereunto
             also
             consented
             Rickill
             ,
             and
             Sir
             
               Walter
               Clopton
            
             ,
             the
             last
             being
             chief
             Justice
             of
             the
             Kings
             Bench
             ,
             the
             first
             chief
             Justice
             of
             the
             Common-Pleas
             ,
             and
             the
             second
             another
             Judge
             of
             the
             same
             Bench.
             The
             summe
             in
             plainer
             sense
             is
             ,
             that
             if
             they
             were
             Peeres
             ,
             they
             would
             agree
             ;
             but
             as
             Judges
             ,
             they
             will
             be
             silent
             .
             And
             thus
             the
             Parliament
             of
             England
             by
             the
             first
             of
             these
             foure
             last
             mentioned
             conclusions
             attainted
             themselves
             ;
             by
             the
             second
             yeilded
             up
             their
             liberties
             ,
             by
             the
             third
             their
             lives
             ,
             and
             by
             the
             last
             ,
             would
             have
             done
             more
             ,
             or
             been
             lesse
             :
             And
             to
             fill
             up
             the
             measure
             of
             all
             ,
             they
             assigned
             over
             a
             right
             of
             Legislative
             Power
             unto
             six
             Lords
             and
             three
             Commons
             ,
             and
             yet
             the
             King
             not
             content
             ,
             superadded
             ,
             that
             it
             should
             be
             Treason
             for
             any
             man
             to
             indeavor
             to
             repeal
             any
             of
             their
             determinations
             .
          
           
             The
             Common-wealth
             thus
             underneath
             ,
             the
             King
             tramples
             
             upon
             all
             at
             once
             ;
             for
             having
             espied
             the
             shadow
             of
             a
             Crown
             fleeting
             from
             him
             in
             Ireland
             ,
             he
             pursues
             it
             ,
             leaves
             the
             noble
             Crown
             of
             England
             in
             the
             base
             condition
             of
             a
             Farme
             ,
             subject
             to
             strip
             and
             waste
             by
             mean
             men
             ;
             and
             crosses
             the
             Irish
             Seas
             ,
             with
             an
             Army
             .
             This
             was
             one
             of
             Englands
             Climactericall
             years
             ,
             under
             a
             disease
             so
             desperate
             ,
             that
             no
             hope
             was
             left
             but
             by
             a
             desperate
             Cure
             ,
             by
             sudden
             bleeding
             in
             the
             head
             ,
             and
             cutting
             off
             that
             Member
             that
             is
             a
             principle
             of
             motion
             in
             the
             Body
             :
             For
             it
             was
             not
             many
             moneths
             ere
             the
             winde
             of
             affaires
             changed
             ,
             the
             King
             now
             in
             Ireland
             ,
             another
             steps
             into
             the
             Throne
             ;
             the
             noise
             hereof
             makes
             him
             return
             ,
             afarr
             of
             inraged
             :
             but
             the
             nigher
             he
             comes
             the
             cooler
             he
             growes
             ,
             his
             conscience
             revives
             ,
             his
             courage
             decayes
             ,
             and
             leaving
             his
             Army
             ,
             his
             Lordship
             ,
             Kingdome
             ,
             and
             Libertie
             ,
             behinde
             ,
             as
             a
             naked
             man
             submits
             himself
             to
             release
             all
             homage
             and
             fealtie
             ;
             to
             resigne
             his
             Crown
             and
             Dignitie
             ,
             his
             Titles
             and
             Authoritie
             ;
             to
             acknowledge
             himself
             unworthy
             and
             insufficient
             to
             reign
             ;
             to
             swear
             never
             to
             repent
             of
             his
             Resignation
             ;
             &
             thus
             if
             he
             will
             have
             any
             quiet
             ,
             this
             wilfull
             man
             ,
             he
             must
             be
             content
             for
             the
             future
             ,
             neither
             to
             will
             nor
             desire
             :
             And
             poore
             England
             must
             for
             a
             time
             bee
             contented
             with
             a
             dolefull
             condition
             ,
             in
             which
             the
             King
             cannot
             rule
             ,
             and
             the
             Parliament
             will
             not
             ,
             and
             the
             whole
             body
             like
             a
             Chäos
             capable
             of
             any
             form
             that
             the
             next
             daring
             spirit
             shall
             brood
             upon
             it
             .
          
        
         
           
             CHAP.
             II.
             Of
             the
             State
             of
             the
             King
             and
             Parliament
             ,
             in
             relation
             of
             it
             to
             him
             ,
             and
             him
             to
             it
             .
          
           
             A
             King
             in
             Parliament
             is
             like
             the
             first-born
             of
             
               Jacob
               ,
               The
               excellencie
               of
               Dignitie
               ,
               and
               the
               excellencie
               of
               Power
               ,
            
             but
             alone
             unstable
             as
             water
             :
             Examples
             of
             both
             these
             we
             have
             in
             these
             two
             Kings
             ,
             
               Whereof
               the
               first
               was
               Crowned
               by
               the
               Parliament
               ,
               and
               Crowned
               it
               ;
               the
               latter
               also
               Crowned
               it
               ,
               but
               with
               
               Thornes
               ;
               and
               yet
               the
               Parliament
               in
               all
               held
               on
               that
               wise
               way
               ,
               that
               it
               neither
               exceeded
               its
               own
               bounds
               ,
               nor
               lost
               its
               own
               right
               .
            
          
           
             I
             shall
             enter
             into
             the
             consideration
             of
             particulars
             under
             these
             heads
             :
             First
             ,
             
               In
               relation
               more
               immediately
               to
               the
               interest
               of
               the
               King
            
             :
             Secondly
             ,
             
               To
               the
               interest
               of
               the
               Kingdome
               in
               generall
               .
            
             The
             King
             ,
             though
             higher
             then
             all
             the
             people
             by
             the
             head
             ,
             and
             so
             hath
             the
             Prerogative
             of
             Honour
             as
             the
             most
             worthy
             ,
             yet
             his
             strength
             and
             abilities
             originally
             doe
             rise
             from
             beneath
             ,
             otherwise
             ,
             he
             is
             but
             like
             a
             Generall
             without
             an
             Army
             ,
             the
             Title
             big
             ,
             but
             aiery
             ;
             and
             many
             times
             his
             person
             subject
             to
             so
             much
             danger
             ,
             that
             in
             stead
             of
             drawing
             the
             eyes
             of
             all
             the
             people
             to
             look
             upon
             him
             with
             admiration
             ,
             they
             are
             drawn
             to
             look
             to
             him
             with
             observation
             ,
             and
             in
             this
             respect
             he
             may
             be
             said
             to
             be
             lesse
             his
             own
             man
             ,
             and
             more
             the
             Kingdomes
             then
             any
             of
             the
             inferiour
             sort
             .
             This
             befell
             in
             both
             these
             Kings
             in
             a
             speciall
             manner
             ;
             each
             entering
             upon
             the
             grand
             government
             of
             a
             Kingdome
             before
             they
             were
             able
             to
             understand
             the
             work
             ,
             or
             govern
             themselves
             :
             and
             therefore
             were
             under
             power
             of
             Protectors
             for
             the
             guard
             of
             their
             Persons
             and
             their
             Education
             ,
             and
             of
             the
             Parliament
             for
             Councell
             and
             Direction
             in
             Cases
             relating
             to
             the
             Kingdome
             .
             The
             chide
             of
             a
             mean
             man
             when
             its
             Parents
             are
             dead
             ,
             is
             
               Filus
               Amici
            
             ,
             but
             of
             a
             King
             ,
             is
             
               Filius
               Populi
            
             ,
             to
             be
             by
             them
             trained
             up
             in
             such
             manner
             ,
             that
             he
             may
             be
             
               Pater
               populi
            
             ,
             when
             he
             is
             come
             to
             age
             .
             In
             the
             mean
             time
             though
             he
             be
             a
             King
             ,
             yet
             his
             Person
             like
             a
             precious
             Jem
             must
             not
             out
             of
             the
             ring
             ,
             but
             must
             be
             directed
             by
             Councell
             ,
             though
             under
             some
             kind
             of
             restraint
             ,
             
             &
             the
             Councellors
             all
             the
             while
             no
             Offenders
             in
             such
             Cases
             against
             the
             Prerogative
             Royall
             .
             And
             therefore
             though
             it
             be
             true
             that
             Kings
             grow
             faster
             then
             other
             men
             ,
             and
             sooner
             come
             to
             full
             age
             then
             they
             ,
             yet
             Edward
             the
             third
             now
             in
             his
             sixteenth
             yeare
             might
             not
             passe
             over
             Sea
             into
             France
             ,
             though
             it
             were
             for
             restoring
             of
             Peace
             ,
             but
             by
             direction
             of
             the
             Parliament
             :
             nor
             is
             it
             meet
             in
             such
             Cases
             that
             Kings
             should
             stand
             upon
             the
             Prerogative
             of
             a
             Negative
             .
             Secondly
             ,
             it
             may
             likewise
             be
             said
             ,
             that
             his
             Family
             is
             lesse
             his
             owne
             as
             he
             is
             a
             man
             ,
             then
             another
             mans
             .
             For
             private
             Families
             are
             no
             further
             under
             the
             publique
             Law
             ,
             then
             
             in
             relation
             to
             the
             publique
             Peace
             ,
             to
             punish
             after
             breach
             made
             .
             But
             the
             Families
             of
             Kings
             are
             looked
             upon
             by
             all
             in
             relation
             to
             the
             honour
             and
             profit
             of
             the
             Publique
             ;
             not
             onely
             because
             the
             Kings
             servants
             have
             by
             their
             nigh
             attendance
             upon
             his
             Person
             a
             more
             powerfull
             influence
             into
             his
             actions
             ,
             which
             may
             reflect
             a
             malevolent
             aspect
             upon
             the
             whole
             course
             of
             affaires
             ,
             if
             they
             be
             not
             better
             ordered
             that
             are
             so
             nigh
             him
             .
             But
             more
             especially
             in
             regard
             that
             the
             government
             and
             order
             of
             the
             Royall
             Family
             trencheth
             deep
             upon
             the
             Honor
             of
             the
             Kingdome
             ,
             and
             purses
             of
             the
             People
             ,
             who
             are
             concerned
             to
             see
             the
             same
             accommodated
             sutable
             to
             the
             State
             and
             Port
             ,
             which
             the
             Nation
             would
             bear
             forth
             to
             the
             World.
             And
             therefore
             for
             the
             Parliament
             to
             intermeddle
             in
             the
             Kings
             Family
             ,
             is
             not
             forrain
             nor
             new
             :
             
               Alice
               Piers
            
             was
             a
             Familier
             ,
             if
             not
             of
             the
             Family
             of
             Edward
             the
             third
             ,
             yet
             both
             her selfe
             and
             others
             of
             that
             Family
             were
             complained
             of
             as
             a
             grievance
             .
             Richard
             the
             second
             ,
             was
             once
             a
             young
             man
             ,
             and
             ever
             a
             young
             King
             ;
             and
             what
             Edward
             the
             third
             wanted
             onely
             in
             his
             youth
             ,
             and
             in
             his
             infirme
             old
             age
             ,
             this
             man
             ever
             wanted
             :
             for
             he
             that
             knew
             not
             how
             to
             govern
             himselfe
             ,
             how
             much
             lesse
             could
             he
             govern
             his
             Family
             :
             And
             if
             in
             this
             condition
             the
             Parliament
             become
             his
             Stewards
             ,
             to
             set
             a
             yearely
             Survey
             and
             Check
             upon
             his
             Servants
             and
             Family
             ,
             
             in
             order
             to
             good
             order
             of
             the
             same
             ,
             and
             Kingdome
             ,
             otherwise
             men
             must
             conclude
             ,
             it
             did
             that
             which
             was
             just
             :
             though
             Richard
             the
             second
             ,
             and
             those
             of
             his
             minde
             thinke
             not
             so
             .
             But
             this
             is
             not
             all
             ;
             Kings
             have
             not
             onely
             such
             as
             serve
             the
             outward
             man
             ,
             but
             some
             that
             serve
             their
             Consciences
             ,
             of
             old
             time
             called
             Confessors
             ;
             in
             those
             dayes
             without
             name
             ,
             for
             feare
             of
             Superstition
             ,
             yet
             the
             thing
             remaineth
             still
             in
             some
             well
             favored
             Chaplain
             ,
             and
             their
             work
             is
             to
             lead
             the
             Kings
             Conscience
             in
             dark
             wayes
             ,
             or
             rather
             into
             them
             ;
             commonly
             he
             hath
             a
             devout
             outside
             ,
             and
             that
             is
             the
             Kings
             Idol
             :
             but
             if
             while
             his
             eye
             be
             towards
             Jerusalem
             ,
             his
             minde
             be
             towards
             the
             dead
             Sea
             ,
             the
             King
             is
             his
             ;
             and
             then
             the
             blinde
             leads
             the
             blinde
             :
             Like
             some
             
               Ignis
               fatuus
            
             ,
             to
             such
             as
             know
             it
             not
             :
             No
             man
             is
             so
             well
             knowne
             by
             his
             company
             as
             Kings
             are
             by
             these
             men
             ,
             and
             these
             
             men
             by
             their
             Actions
             .
             Although
             some
             have
             bin
             so
             witty
             as
             to
             cheat
             the
             whole
             generation
             of
             Mankinde
             ,
             by
             entertaining
             holy
             men
             to
             be
             their
             Chaplains
             :
             themselves
             the
             mean
             time
             ,
             without
             any
             sparke
             of
             that
             holy
             Fire
             .
             Yet
             this
             King
             was
             not
             so
             cunning
             ,
             he
             had
             a
             Confessor
             of
             his
             own
             choice
             ,
             and
             according
             to
             his
             owne
             heart
             ,
             who
             was
             complained
             of
             as
             a
             grievance
             ,
             
             and
             the
             Parliament
             removed
             him
             :
             So
             nigh
             they
             adventured
             ,
             even
             to
             invade
             the
             Kings
             owne
             conscience
             ,
             if
             it
             may
             be
             called
             conscience
             ,
             that
             will
             acknowledge
             no
             Law
             ,
             but
             that
             of
             its
             owne
             minde
             .
          
           
             Thirdly
             ,
             The
             Kings
             Revenue
             was
             under
             the
             check
             and
             controll
             of
             the
             Parliment
             ,
             for
             it
             befalls
             some
             Princes
             ,
             as
             other
             men
             ,
             to
             be
             somtimes
             poore
             in
             abundance
             ,
             by
             riatous
             flooding
             treasure
             out
             in
             the
             lesser
             currents
             ;
             and
             leaving
             the
             greater
             channells
             dry
             .
             This
             is
             an
             insupportible
             evill
             ,
             because
             it
             is
             destructive
             to
             the
             very
             being
             of
             affaires
             ,
             whether
             for
             Warr
             or
             Peace
             .
             For
             the
             Kings
             treasure
             is
             of
             a
             mixt
             nature
             ,
             much
             of
             it
             being
             intended
             for
             publique
             service
             ,
             as
             himselfe
             is
             a
             publique
             person
             .
             And
             for
             this
             cause
             he
             hath
             Officers
             of
             severall
             natures
             attending
             upon
             this
             treasury
             .
             Some
             for
             land
             ,
             some
             for
             Sea
             ,
             some
             for
             the
             generall
             treasure
             of
             the
             Kingdome
             ,
             some
             for
             that
             of
             the
             houshold
             ,
             and
             some
             for
             the
             privy
             purse
             :
             the
             common
             end
             of
             all
             ,
             being
             to
             maintaine
             state
             in
             time
             of
             peace
             ,
             and
             strength
             against
             time
             of
             Warr
             :
             because
             it
             s
             no
             easie
             matter
             to
             maintaine
             the
             just
             proportions
             for
             each
             of
             the
             said
             ends
             ,
             it
             is
             the
             lesse
             wonder
             that
             such
             a
             brave
             Prince
             as
             Edward
             the
             Third
             should
             Labour
             under
             want
             for
             maintenance
             of
             the
             Warrs
             ;
             and
             so
             lavish
             a
             Spendthrift
             as
             Richard
             the
             Second
             ;
             should
             Labour
             under
             more
             want
             to
             maintaine
             his
             port
             and
             countenance
             in
             peace
             .
             And
             therefore
             ,
             though
             it
             be
             true
             that
             the
             publique
             treasure
             is
             committed
             to
             the
             King
             as
             the
             cheife
             Steward
             of
             the
             Realme
             ,
             yet
             it
             is
             as
             true
             that
             he
             is
             but
             a
             Steward
             ;
             and
             that
             the
             supreame
             survey
             of
             the
             Treasure
             resteth
             in
             the
             Parliment
             ,
             who
             are
             to
             see
             that
             the
             treasure
             be
             not
             irregularly
             wasted
             ,
             to
             reduce
             the
             same
             into
             order
             ;
             and
             for
             that
             end
             to
             call
             the
             Treasurers
             and
             Receivers
             to
             account
             ,
             to
             see
             to
             the
             punishing
             of
             such
             as
             are
             unfaithfull
             ,
             
             and
             encouraging
             of
             others
             that
             are
             faithfull
             ;
             for
             when
             by
             extravagant
             courses
             ,
             the
             Treasure
             is
             wasted
             ;
             by
             extraordinary
             courses
             it
             must
             be
             supplied
             ,
             which
             ever
             is
             out
             of
             the
             Subjects
             purses
             .
             And
             in
             such
             cases
             it
             is
             great
             reason
             that
             they
             should
             observe
             which
             way
             the
             course
             lies
             of
             such
             expenses
             .
             If
             then
             in
             such
             cases
             ,
             sometimes
             the
             Parliament
             hath
             stayed
             the
             issuing
             out
             of
             the
             Kings
             Revenue
             for
             some
             time
             ,
             
             or
             otherwise
             viewed
             and
             examined
             the
             same
             ,
             charged
             it
             with
             conditions
             ,
             22
             E.
             3.
             n.
             29.14
             R.
             2.
             n.
             15.
             limitted
             it
             to
             certaine
             uses
             ,
             and
             in
             case
             of
             misuser
             refused
             to
             levy
             or
             make
             payments
             ,
             the
             case
             will
             be
             without
             dispute
             ,
             that
             the
             Parliament
             ordered
             the
             publique
             treasure
             as
             they
             saw
             most
             need
             .
             But
             much
             more
             if
             wee
             consider
             how
             the
             greatest
             part
             of
             this
             treasure
             was
             raised
             .
             Viz.
             Not
             from
             the
             old
             Revenues
             of
             the
             Crowne
             ,
             but
             by
             new
             impositions
             ,
             levies
             ,
             and
             assesments
             ,
             layd
             upon
             the
             people
             ,
             even
             what
             they
             pleased
             ,
             and
             in
             what
             manner
             they
             thought
             meet
             ,
             and
             not
             otherwise
             .
             Aydes
             are
             lawfull
             if
             they
             be
             legally
             given
             by
             common
             consent
             of
             Parliament
             :
             Taxes
             if
             legally
             given
             by
             Parliament
             ,
             
             are
             no
             lesse
             lawfull
             ,
             yet
             they
             must
             be
             collected
             in
             such
             manner
             and
             by
             such
             means
             as
             the
             Parliaments
             Order
             doth
             direct
             :
             Loans
             of
             monys
             to
             the
             King
             may
             be
             made
             by
             them
             that
             will
             ,
             but
             the
             King
             must
             not
             demand
             them
             ,
             because
             the
             subject
             hath
             no
             means
             to
             recover
             the
             debt
             .
             
             This
             trick
             had
             been
             lately
             tryed
             by
             Edward
             the
             Second
             ,
             much
             mony
             he
             got
             ,
             and
             it
             was
             repaied
             by
             the
             order
             of
             the
             Parliament
             .
             But
             of
             all
             the
             rest
             ,
             nothing
             shewed
             more
             absolute
             authority
             in
             the
             publique
             Revenue
             ,
             then
             the
             care
             that
             was
             had
             of
             the
             Demesnes
             of
             the
             Crown
             ,
             
             for
             whereas
             the
             expenses
             of
             Kings
             grew
             so
             vast
             ,
             that
             neither
             the
             yeerly
             Revenue
             could
             suffice
             ;
             nor
             aides
             ,
             assesments
             ,
             and
             taxes
             could
             satisfie
             ,
             however
             ordinary
             they
             in
             these
             times
             were
             become
             ;
             rather
             then
             Kings
             would
             contiane
             themselves
             they
             would
             invade
             their
             own
             Demesnes
             ,
             by
             pauning
             ,
             selling
             ,
             and
             giving
             them
             a
             way
             ,
             either
             for
             love
             or
             mony
             ;
             and
             thus
             was
             poverty
             treasured
             up
             against
             the
             future
             ,
             both
             for
             King
             and
             Crown
             .
             The
             Parliament
             ,
             espying
             this
             leake
             that
             was
             like
             to
             undoe
             all
             ,
             applyed
             a
             speedy
             remedy
             ,
             undoing
             what
             was
             
             done
             ,
             and
             undoing
             some
             by
             an
             act
             of
             Resumption
             ,
             and
             thereby
             taught
             Kings
             to
             looke
             to
             their
             honor
             better
             for
             the
             future
             ;
             
             and
             people
             also
             to
             take
             heed
             of
             medling
             with
             such
             considerated
             matters
             ,
             and
             to
             know
             that
             he
             that
             hath
             such
             in
             his
             possession
             ,
             hath
             them
             by
             a
             cract
             title
             that
             cannot
             bee
             amended
             but
             by
             Act
             of
             Parliament
             .
          
           
             Fourthly
             ,
             An
             English
             King
             is
             no
             Out-law
             ,
             nor
             can
             he
             do
             any
             wrong
             ,
             though
             the
             man
             may
             :
             he
             hath
             a
             double
             relation
             ,
             one
             as
             a
             King
             ,
             the
             other
             as
             a
             man
             ,
             and
             the
             uniting
             of
             both
             in
             one
             Person
             ,
             hath
             cheated
             many
             a
             man
             of
             his
             judgement
             in
             the
             Case
             of
             Prerogative
             :
             he
             hath
             a
             double
             will
             ,
             and
             these
             many
             times
             contrary
             ,
             equally
             as
             in
             other
             Relations
             ;
             and
             in
             this
             contrariety
             ,
             sometimes
             the
             King
             overcomes
             the
             man
             ,
             and
             sometimes
             the
             man
             the
             King
             ;
             so
             as
             if
             any
             man
             ,
             the
             King
             hath
             much
             more
             cause
             to
             cry
             out
             ,
             
               O
               miserable
               Man
            
             :
             These
             divers
             wills
             are
             generally
             led
             by
             diverse
             rules
             .
             One
             of
             a
             man
             ,
             w
             ch
             many
             times
             reacheth
             no
             higher
             then
             the
             Affections
             ;
             and
             if
             the
             man
             be
             weak
             they
             deserve
             little
             better
             name
             then
             Lusts
             .
             The
             rule
             of
             a
             King
             is
             Law
             ,
             or
             Councells
             ,
             of
             these
             in
             place
             ;
             and
             unto
             these
             in
             all
             prudentialls
             ,
             he
             must
             submit
             his
             judgement
             and
             will
             ,
             as
             he
             is
             a
             King
             :
             nor
             can
             he
             doe
             otherwise
             ,
             unlesse
             he
             will
             presume
             to
             be
             wiser
             then
             his
             Councell
             :
             Sutable
             hereunto
             doth
             that
             clause
             in
             one
             of
             the
             Statutes
             of
             these
             times
             conclude
             ,
             
             
               Viz.
               That
               the
               King
               is
               bound
               by
               his
               Oath
               ,
               to
               passe
               all
               Lawes
               that
               are
               for
               the
               good
               of
               the
               Kingdome
               :
            
             For
             were
             the
             power
             of
             election
             ,
             or
             determination
             of
             the
             Point
             onely
             in
             the
             King
             ,
             then
             were
             the
             Oath
             in
             vain
             ,
             nor
             is
             the
             Parliament
             at
             all
             (
             in
             case
             of
             the
             Kings
             dissent
             )
             to
             judge
             of
             the
             convenience
             or
             inconvenience
             of
             Proposalls
             made
             for
             the
             good
             of
             the
             whole
             body
             ,
             
             according
             to
             that
             power
             which
             it
             exercised
             in
             these
             times
             :
             Nor
             is
             it
             irrationall
             to
             inferre
             here
             from
             that
             ,
             if
             Law
             and
             Councell
             be
             the
             rule
             of
             a
             King
             ,
             then
             the
             obedience
             of
             the
             people
             unto
             this
             King
             must
             be
             in
             order
             to
             Law
             and
             Councell
             ,
             otherwise
             the
             disobedience
             cannot
             be
             determined
             to
             be
             against
             the
             King
             ,
             but
             against
             the
             Man
             ;
             and
             though
             against
             the
             private
             will
             of
             the
             Commander
             ,
             yet
             not
             against
             the
             Law
             ,
             nor
             therefore
             can
             it
             be
             said
             illegall
             
             or
             unjust
             .
             The
             Parliament
             in
             these
             times
             held
             forth
             this
             Doctrine
             plainly
             to
             the
             World
             ,
             that
             it
             is
             their
             proper
             work
             in
             Cases
             needfull
             to
             doe
             right
             to
             such
             as
             are
             wronged
             by
             the
             King
             :
             his
             command
             is
             no
             Warrant
             in
             such
             Cases
             .
             
             If
             a
             man
             be
             wrongfully
             imprisoned
             by
             him
             ,
             
             he
             shall
             be
             released
             and
             set
             at
             liberty
             by
             them
             :
             Let
             his
             Act
             be
             never
             so
             authenticall
             under
             the
             Broad-Seale
             ,
             it
             can
             take
             no
             mans
             right
             away
             .
             Richard
             the
             Second
             ,
             did
             his
             utmost
             to
             satisfie
             and
             quiet
             the
             tumultuous
             rabble
             under
             Cade
             and
             Straw
             ;
             and
             granted
             store
             of
             Manumissions
             to
             the
             Bond-men
             by
             Declaration
             ,
             and
             by
             his
             Letters
             Patents
             ,
             but
             not
             one
             of
             them
             good
             enough
             to
             deprive
             any
             one
             of
             the
             meanest
             of
             the
             Free-men
             of
             their
             rights
             in
             those
             Bond-men
             .
             The
             priviledge
             of
             shewing
             mercy
             ,
             
             and
             granting
             pardon
             hath
             beene
             antiently
             betrusted
             to
             the
             King
             ,
             as
             to
             an
             Overseer
             of
             the
             execution
             of
             Law
             ,
             yet
             he
             hath
             not
             that
             Prerogative
             ,
             To
             have
             mercy
             on
             whom
             he
             will
             have
             mercy
             .
             Ever
             since
             this
             Narion
             had
             learned
             to
             read
             the
             Bible
             ,
             Murder
             hath
             been
             excepted
             from
             mercy
             ,
             nor
             did
             the
             Law
             ever
             allow
             any
             King
             any
             Prerogative
             to
             pardon
             that
             .
             Edward
             the
             Third
             ,
             did
             not
             challenge
             any
             such
             ,
             not
             onely
             bound
             thereto
             by
             his
             Coronation
             Oath
             ,
             
             but
             by
             publique
             Acts
             of
             State
             ,
             declaring
             the
             same
             ;
             yet
             because
             the
             Parliament
             was
             not
             alwayes
             sitting
             ,
             and
             Kings
             were
             ever
             subject
             to
             this
             Temptation
             ,
             to
             favour
             Servants
             ,
             by
             granting
             mercy
             to
             Malefactors
             ;
             a
             generall
             rule
             of
             Inhibition
             is
             made
             against
             all
             pardon
             to
             be
             granted
             by
             the
             King
             ,
             in
             Case
             of
             Fellony
             ,
             but
             onely
             in
             Cases
             allowed
             by
             advise
             of
             the
             Councel
             .
             It
             s
             true
             that
             in
             the
             first
             times
             of
             Richard
             the
             Second
             ,
             he
             liked
             not
             to
             be
             thus
             girt
             in
             his
             power
             ,
             which
             he
             pretended
             was
             more
             at
             liberty
             in
             his
             Predecessors
             ;
             possibly
             he
             meaned
             King
             John
             and
             Edward
             the
             Second
             ,
             who
             many
             times
             did
             what
             they
             listed
             ;
             yet
             under
             his
             favour
             ,
             no
             Law
             was
             so
             shamelesse
             ,
             
             as
             to
             hold
             forth
             such
             a
             power
             ,
             till
             Richard
             the
             Seconds
             Law
             countenanced
             it
             :
             But
             why
             doe
             I
             call
             it
             a
             Law
             ,
             which
             is
             onely
             a
             Declaration
             by
             consent
             of
             the
             Lords
             ,
             such
             as
             then
             were
             ▪
             
             the
             Commons
             would
             never
             owne
             such
             an
             opinion
             ;
             and
             therefore
             it
             soone
             proved
             abortive
             ;
             for
             within
             three
             or
             foure
             yeares
             ,
             by
             publique
             
             Act
             of
             Parliament
             ,
             it
             s
             peremptorily
             declared
             ,
             that
             the
             Kings
             Pardon
             shall
             not
             extend
             to
             murther
             :
             So
             as
             upon
             the
             whole
             matter
             its
             plain
             that
             it
             is
             not
             the
             Kings
             will
             ,
             though
             supported
             by
             the
             Councell
             of
             Lords
             ,
             and
             backed
             by
             the
             opinion
             of
             the
             Judges
             ,
             that
             must
             be
             a
             rule
             for
             the
             government
             of
             this
             Kingdome
             ,
             nor
             doth
             any
             Allegience
             binde
             obedience
             thereunto
             ,
             in
             Case
             where
             Justice
             ,
             or
             the
             liberty
             of
             the
             People
             is
             concerned
             .
          
           
             Three
             things
             yet
             remain
             which
             Kings
             have
             claimed
             to
             be
             their
             own
             ,
             
               Viz.
               Conferring
               Titles
               of
               Honour
               ,
               and
               places
               of
               Trust
               ,
               and
               the
               Legislative
               power
               .
            
             The
             first
             is
             but
             a
             Feather
             ,
             and
             not
             worthy
             of
             regard
             ,
             yet
             it
             is
             plain
             that
             these
             times
             produce
             many
             presidents
             of
             Dukes
             ,
             Marquesses
             ,
             and
             Earles
             ,
             made
             in
             Parliament
             ,
             and
             possibly
             it
             may
             be
             apparent
             that
             the
             first
             motion
             of
             any
             such
             Title
             of
             Honour
             ,
             did
             first
             fetch
             its
             Originall
             thence
             ,
             if
             not
             in
             the
             field
             .
             But
             it
             s
             not
             worthy
             of
             the
             labour
             .
             The
             second
             is
             more
             considerable
             ,
             
               Viz.
               The
               power
               of
               conferring
               places
               of
               Publique
               Trust
               :
            
             This
             ,
             Kings
             have
             pretended
             unto
             ,
             although
             in
             course
             of
             Congruity
             ,
             it
             will
             be
             thought
             more
             meet
             that
             it
             belongeth
             rather
             to
             that
             cheife
             and
             grand
             Trust
             of
             the
             whole
             Kingdome
             committed
             to
             the
             Parliament
             ,
             and
             the
             Practice
             of
             these
             times
             is
             not
             much
             discrepant
             ,
             whether
             we
             regard
             such
             as
             are
             for
             advice
             or
             execution
             ,
             Of
             the
             first
             of
             these
             are
             those
             whom
             we
             commonly
             call
             ,
             the
             Privie-Councell
             ,
             whose
             advise
             in
             course
             toucheth
             first
             upon
             the
             Kings
             Person
             ,
             but
             by
             reflexion
             worketh
             strong
             impressions
             upon
             the
             People
             ,
             so
             far
             as
             the
             influence
             of
             the
             Kings
             power
             extends
             .
             And
             therefore
             it
             s
             not
             beyond
             the
             Sphear
             of
             the
             Parliament
             to
             interpose
             and
             qualifie
             that
             influence
             ,
             so
             as
             it
             may
             be
             for
             the
             generall
             good
             of
             the
             whole
             Kingdome
             :
             For
             many
             times
             Kings
             are
             either
             above
             or
             beneath
             themselves
             ;
             and
             in
             such
             Cases
             if
             the
             Councell
             be
             of
             the
             Kings
             suite
             ,
             he
             is
             of
             the
             deeper
             die
             ,
             and
             proves
             more
             Malignant
             to
             the
             People
             .
             Edward
             the
             Third
             ,
             growing
             into
             great
             opinion
             in
             the
             World
             ,
             his
             Proportion
             exceeds
             his
             own
             Portion
             ,
             
             and
             the
             Peoples
             good
             wills
             to
             boote
             ▪
             they
             think
             the
             fault
             is
             in
             the
             privy
             Councell
             ,
             and
             an
             Inquisition
             set
             upon
             it
             :
             
             So
             also
             they
             doe
             in
             his
             fiftieth
             yeare
             when
             he
             growes
             downward
             .
             
             And
             the
             like
             in
             the
             beginning
             of
             Richard
             the
             Seconds
             Reigne
             ,
             he
             being
             now
             a
             Youth
             ,
             and
             therefore
             unstable
             in
             his
             Resolutions
             ,
             and
             unable
             to
             make
             Election
             :
             So
             as
             upon
             the
             whole
             matter
             ,
             if
             the
             King
             fall
             short
             in
             point
             of
             judgement
             ,
             or
             Resolution
             ,
             or
             inordinate
             in
             his
             Affections
             :
             
             But
             more
             especially
             where
             they
             observe
             the
             Major
             ,
             or
             more
             considerable
             part
             of
             the
             Councell
             to
             draw
             towards
             a
             designe
             ;
             in
             such
             Cases
             as
             these
             ,
             the
             Parliament
             as
             its
             own
             duty
             undertooke
             to
             settle
             a
             good
             Councell
             about
             the
             Kings
             Person
             ,
             that
             might
             advise
             him
             during
             their
             Recesse
             .
             For
             the
             Privy
             Councell
             is
             never
             more
             it selfe
             then
             when
             it
             is
             an
             Epitome
             of
             the
             Common
             Councell
             of
             the
             Kingdome
             .
             In
             like
             manner
             such
             Officers
             as
             concern
             Execution
             of
             Law
             ,
             and
             Councell
             ,
             are
             as
             narrowly
             to
             be
             inquired
             into
             :
             for
             if
             their
             motion
             be
             irregular
             ,
             it
             s
             lesse
             materiall
             what
             the
             rule
             be
             :
             the
             Parliament
             therefore
             held
             it
             their
             duty
             to
             interpose
             in
             the
             Election
             of
             grand
             Officers
             of
             the
             Kingdome
             ;
             such
             as
             are
             the
             Chancellors
             ,
             Judges
             ,
             and
             Justices
             ,
             or
             to
             confirm
             or
             displace
             them
             ,
             or
             binde
             them
             by
             Oath
             ,
             the
             Rolls
             of
             the
             eighth
             ,
             fourteenth
             ,
             fifteenth
             ,
             and
             thirty
             sixth
             years
             of
             Edward
             the
             Third
             ,
             and
             the
             sixth
             ,
             tenth
             ,
             and
             eleventh
             years
             of
             Richard
             the
             Second
             ,
             do
             manifest
             this
             sufficiently
             .
          
           
             I
             have
             done
             with
             the
             Subject
             matter
             or
             work
             of
             the
             Parliament
             in
             the
             mutuall
             Relation
             of
             the
             King
             and
             it
             ,
             the
             manner
             of
             proceeding
             was
             either
             joyntly
             with
             the
             King
             ,
             or
             without
             him
             ;
             and
             either
             joyntly
             with
             the
             two
             Houses
             ,
             or
             severally
             ;
             and
             either
             immediately
             by
             themselves
             ,
             or
             their
             Committees
             .
             As
             touching
             the
             first
             ,
             its
             evident
             that
             in
             all
             matters
             wherein
             gain
             ariseth
             to
             the
             Crown
             from
             the
             people
             ,
             by
             Subsidy
             ,
             or
             otherwise
             ,
             the
             strength
             of
             the
             Grant
             by
             Act
             of
             Parliament
             resteth
             in
             the
             two
             Houses
             ,
             and
             that
             the
             Kings
             assent
             is
             but
             
               Pro
               forma
            
             ,
             as
             touching
             that
             matter
             ;
             and
             therefore
             such
             Grants
             have
             been
             made
             as
             tended
             in
             some
             measure
             to
             derogate
             ,
             either
             from
             the
             Kings
             wisedome
             ,
             care
             ,
             or
             fidelity
             ,
             yet
             even
             these
             have
             passed
             with
             the
             Royall
             Assent
             ,
             though
             the
             full
             Assent
             or
             good
             will
             of
             the
             Person
             of
             the
             King
             was
             
             not
             correspondent
             thereto
             :
             as
             in
             these
             Cases
             formerly
             noted
             ,
             where
             Subsidies
             were
             given
             with
             Limitations
             and
             Conditions
             ,
             and
             upon
             rendering
             account
             to
             the
             People
             .
             And
             it
             is
             as
             evident
             ,
             that
             where
             the
             Kings
             Person
             is
             disabled
             to
             understand
             (
             as
             in
             Case
             of
             Infancy
             )
             there
             the
             Royall
             Assent
             can
             bear
             litle
             weight
             with
             it
             ;
             
             but
             most
             of
             all
             in
             the
             Kings
             absence
             ,
             where
             either
             the
             Assent
             is
             put
             thereto
             by
             Commissioners
             ,
             that
             know
             not
             the
             Kings
             particular
             minde
             ,
             or
             the
             Act
             is
             done
             onely
             by
             the
             Houses
             ,
             in
             nature
             of
             Ordinances
             ;
             and
             yet
             these
             of
             force
             to
             binde
             all
             Parties
             ,
             but
             the
             King.
             But
             nothing
             more
             debased
             the
             Royall
             Assent
             in
             these
             times
             ,
             then
             a
             trick
             that
             Edward
             the
             Third
             plaid
             in
             the
             middest
             of
             the
             fullest
             strength
             of
             his
             Government
             :
             It
             was
             in
             time
             of
             War
             ,
             which
             never
             is
             time
             of
             good
             Husbandry
             and
             laying
             up
             ,
             nor
             of
             sober
             advise
             in
             laying
             out
             ,
             nor
             of
             equity
             in
             levying
             and
             collecting
             money
             for
             the
             nerves
             of
             War.
             This
             forward
             Warrier
             in
             the
             heat
             of
             his
             Atchievements
             ,
             findes
             his
             strength
             benummed
             for
             want
             of
             money
             ,
             he
             leaves
             off
             ,
             comes
             home
             ,
             rages
             against
             his
             A.
             Bishop
             ,
             to
             whom
             he
             had
             committed
             the
             care
             of
             Provision
             for
             his
             War
             ,
             and
             the
             A.
             Bishop
             ,
             as
             hotly
             falls
             upon
             some
             of
             the
             Treasury
             in
             the
             Army
             on
             the
             one
             side
             ,
             and
             upon
             others
             in
             the
             Countrey
             ;
             whose
             oppressions
             ,
             saith
             he
             ,
             in
             stead
             of
             bringing
             in
             money
             ,
             
             made
             the
             people
             to
             give
             a
             stop
             thereto
             .
             A
             contest
             hereupon
             thus
             had
             ,
             it
             was
             concluded
             by
             the
             Power
             of
             the
             Parliament
             ,
             that
             such
             men
             should
             be
             questioned
             ,
             and
             that
             the
             Parliament
             from
             time
             to
             time
             should
             call
             all
             Officers
             of
             State
             to
             account
             ,
             
             and
             thereupon
             ensues
             a
             calme
             .
             After
             the
             Parliament
             ended
             ,
             the
             King
             repeats
             the
             matter
             ,
             it
             makes
             his
             heart
             sick
             ,
             he
             disgorgeth
             himself
             by
             a
             Proclamation
             made
             by
             advise
             of
             Nobles
             ,
             and
             Wise
             men
             ,
             as
             he
             saith
             ,
             and
             tells
             all
             the
             World
             he
             dissembled
             with
             his
             Parliament
             ,
             and
             what
             he
             did
             was
             done
             by
             duress
             of
             minde
             ,
             to
             please
             for
             the
             time
             ,
             and
             to
             gain
             his
             ends
             ,
             which
             being
             now
             had
             ,
             he
             by
             his
             Proclamation
             revokes
             what
             he
             had
             done
             in
             Parliament
             ,
             
             or
             indeavoured
             it
             ▪
             And
             thus
             is
             England
             put
             to
             school
             to
             learn
             to
             dissolve
             three
             hard
             knots
             :
             First
             ,
             
               Whether
               a
               King
               can
               dissemble
               with
               his
               Parliament
               .
            
             Secondly
             ,
             Whether
             Edward
             3.
             
               his
               
               dissembling
               assent
               makes
               a
               Law.
            
             Lastly
             ,
             
               Whether
               by
               a
               Proclamation
               ,
               by
               advise
               of
               Nobles
               and
               Wise
               men
               ,
               he
               can
               Declare
               that
               he
               dissembled
               with
               his
               Parliament
               ,
               and
               therein
               not
               dissemble
               the
               Royall
               Assent
               ,
               so
               as
               to
               bring
               all
               the
               Lawes
               made
               in
               any
               Kings
               time
               into
               question
               at
               least
               during
               his
               life
               .
            
             However
             the
             result
             may
             be
             ,
             its
             evident
             the
             Royall
             Assent
             gets
             no
             honor
             hereby
             ,
             and
             the
             Statute
             as
             little
             ,
             that
             hath
             suffered
             this
             Proclamation
             all
             this
             time
             to
             passe
             among
             the
             number
             of
             the
             Statutes
             in
             Print
             as
             a
             Law
             ,
             when
             as
             many
             Statutes
             that
             are
             Lawes
             of
             note
             are
             left
             out
             as
             uselesse
             .
          
           
             Although
             in
             the
             generall
             ,
             the
             two
             Houses
             joyned
             in
             every
             Act
             ,
             
               Ad
               extra
            
             ,
             yet
             ,
             
               Ad
               intra
            
             ,
             and
             in
             relation
             one
             to
             another
             ,
             they
             had
             their
             severall
             operations
             ,
             the
             House
             of
             Commons
             intermedled
             more
             in
             the
             matter
             of
             fact
             ,
             the
             House
             of
             Lords
             in
             matter
             of
             right
             ,
             although
             in
             either
             of
             these
             there
             is
             a
             mutuall
             aspect
             from
             both
             :
             In
             matters
             of
             judicature
             ,
             much
             rested
             with
             the
             Lords
             ,
             and
             therefore
             it
             is
             ordained
             ,
             that
             ,
             
             
               The
               House
               of
               Lords
               shall
               remedy
               all
               offences
               contrary
               to
               the
               Law
               of
               Magna
               Charta
            
             :
             And
             in
             cases
             where
             no
             remedy
             is
             left
             ,
             nor
             judgment
             by
             the
             Law
             ,
             the
             matter
             shall
             be
             
               determined
               in
               Parliament
               ,
               and
               the
               King
               shall
               command
               execution
               to
               be
               done
               according
               to
               the
               judgment
               of
               the
               Peeres
               :
            
             Which
             Lawes
             seeme
             to
             bee
             but
             declarative
             of
             the
             former
             Lawe
             ,
             and
             in
             the
             nature
             of
             reviving
             that
             power
             into
             Act
             which
             was
             formerly
             layd
             asleep
             ,
             and
             doth
             strongly
             implye
             that
             the
             ultimate
             act
             in
             judicature
             rested
             with
             the
             Lords
             ,
             in
             relation
             not
             onely
             to
             the
             House
             of
             Commons
             ,
             but
             also
             in
             relation
             to
             the
             King
             ,
             whose
             work
             in
             such
             cases
             ,
             is
             ,
             not
             to
             judge
             above
             ,
             or
             with
             the
             Peers
             ,
             but
             to
             execute
             their
             sentence
             :
             and
             that
             carries
             with
             it
             a
             list
             ,
             whereby
             the
             power
             of
             a
             King
             may
             appeare
             not
             to
             be
             so
             supreame
             in
             making
             of
             the
             Law
             ,
             as
             some
             would
             have
             it
             ;
             for
             if
             his
             Judgement
             and
             Conscience
             be
             bound
             by
             the
             Votes
             of
             the
             Peers
             in
             giving
             a
             Law
             ,
             in
             Case
             of
             a
             particuler
             person
             ,
             where
             the
             Law
             was
             not
             formerly
             known
             :
             Let
             others
             judge
             of
             the
             value
             of
             this
             Negative
             Vote
             ,
             in
             giving
             Law
             to
             the
             whole
             Kingdome
             .
             It
             s
             true
             that
             this
             Parliament
             was
             quarrelled
             by
             the
             King
             ,
             and
             he
             kept
             it
             at
             a
             bay
             by
             a
             Proclamation
             
             that
             pretended
             Revocation
             ,
             as
             far
             as
             a
             Proclamation
             could
             revoke
             an
             Act
             of
             Parliament
             ;
             but
             it
             effected
             nothing
             ,
             nor
             did
             the
             contest
             last
             long
             :
             Now
             though
             this
             Jurisdiction
             thus
             rested
             in
             the
             House
             of
             Lords
             ,
             in
             such
             Cases
             ,
             as
             well
             as
             in
             others
             ;
             yet
             is
             it
             not
             so
             Originally
             in
             them
             ,
             as
             to
             be
             wholly
             theirs
             ,
             and
             onely
             as
             they
             shall
             order
             it
             ;
             for
             the
             Commons
             of
             England
             have
             a
             right
             in
             the
             course
             and
             order
             of
             Jurisdiction
             ,
             which
             (
             as
             the
             known
             Law
             )
             is
             part
             of
             their
             liberty
             :
             and
             in
             the
             speedy
             execution
             of
             Justice
             ,
             as
             well
             as
             they
             have
             right
             to
             have
             Justice
             done
             :
             and
             therefore
             whereas
             in
             Cases
             of
             Error
             ,
             and
             delayes
             ,
             the
             Appeale
             was
             from
             the
             inferiour
             Court
             to
             the
             Parliament
             ,
             which
             immediately
             determined
             the
             matter
             ,
             
             and
             now
             the
             trouble
             grew
             too
             great
             by
             the
             increase
             of
             Pleas
             :
             For
             remedy
             hereof
             ,
             a
             kind
             of
             Committee
             is
             made
             of
             1
             Bishop
             ,
             2
             Earls
             ,
             2
             Barrons
             ,
             who
             by
             the
             advice
             of
             the
             
               Chancellor
               ,
               Treasurer
            
             ,
             and
             the
             Judges
             ,
             shall
             make
             good
             judgement
             in
             all
             Cases
             of
             Complaint
             of
             delay
             in
             Judgement
             ,
             which
             Committee
             is
             not
             made
             by
             Order
             of
             the
             Lords
             alone
             ,
             which
             they
             might
             have
             done
             in
             case
             Jurisdiction
             had
             bin
             wholly
             and
             onely
             shut
             up
             in
             their
             custody
             ,
             but
             by
             Act
             of
             Parliament
             ,
             and
             joynt
             concurrence
             of
             the
             Commons
             with
             the
             Lords
             :
             For
             as
             the
             Commons
             challenge
             speedy
             Execution
             of
             Justice
             ,
             as
             one
             of
             their
             liberties
             :
             So
             also
             to
             be
             under
             the
             jurisdiction
             of
             such
             Judges
             ,
             and
             Courts
             ,
             as
             the
             Lawes
             (
             in
             the
             making
             whereof
             themselves
             challenge
             a
             Vote
             )
             do
             establish
             &
             appoint
             .
          
           
             I
             will
             conclude
             this
             Chapter
             with
             the
             Constitution
             of
             the
             Parliament
             in
             these
             times
             .
             For
             ,
             the
             difficulties
             that
             befell
             between
             the
             Kings
             and
             their
             people
             ,
             or
             Houses
             of
             Parliament
             ,
             wrought
             two
             sad
             effects
             ,
             Viz.
             A
             propensity
             to
             decline
             calling
             of
             Parliaments
             ,
             so
             often
             as
             was
             used
             and
             exspected
             ;
             and
             when
             it
             assembled
             ,
             as
             great
             a
             propensity
             in
             the
             Members
             to
             decline
             their
             attendance
             ,
             
             by
             means
             whereof
             ,
             as
             the
             Historians
             tell
             us
             ,
             the
             Parliament
             was
             somtimes
             inforced
             to
             adjourn
             it self
             for
             want
             of
             number
             sufficient
             :
             the
             first
             of
             these
             arose
             from
             want
             of
             good
             will
             in
             the
             Kings
             ,
             the
             other
             from
             want
             of
             courage
             and
             zeale
             in
             the
             people
             .
             The
             first
             of
             these
             was
             fatall
             and
             destructive
             to
             good
             Government
             ;
             for
             though
             in
             
             distempered
             Parliaments
             its
             good
             to
             withdraw
             ,
             yet
             in
             distempered
             times
             its
             necessary
             to
             meete
             ,
             and
             gain
             a
             right
             understanding
             of
             all
             parties
             ;
             and
             therefore
             these
             times
             were
             so
             happy
             as
             to
             binde
             themselves
             by
             publique
             Acts
             of
             State
             to
             recontinue
             the
             Assembling
             of
             Parliaments
             .
             For
             the
             face
             of
             the
             Times
             represented
             unto
             all
             ,
             that
             Agitations
             were
             like
             to
             be
             quick
             ,
             violent
             ,
             and
             to
             continue
             for
             some
             succession
             of
             Time
             :
             It
             s
             therefore
             safe
             ,
             if
             not
             necessary
             ,
             that
             every
             eye
             should
             be
             open
             ,
             and
             Counsells
             ready
             for
             every
             Occasion
             .
             A
             law
             at
             length
             is
             agreed
             upon
             ,
             that
             
               A
               Parliament
               shall
               be
               holden
               once
               every
               yeare
               ,
               or
               more
               if
               need
               be
               .
            
             
             But
             in
             thirty
             yeares
             the
             power
             of
             this
             Law
             is
             wasted
             out
             of
             minde
             ,
             and
             the
             evill
             reviving
             ,
             revives
             also
             the
             Statute
             ,
             
             and
             yet
             they
             had
             thirteen
             or
             fourteen
             Parliaments
             in
             thirty
             yeares
             space
             ,
             and
             not
             above
             three
             ,
             or
             but
             once
             foure
             yeares
             distance
             of
             time
             between
             any
             two
             of
             them
             in
             Succession
             .
             This
             was
             the
             sense
             of
             the
             Members
             of
             the
             Houses
             in
             their
             meeting
             ,
             but
             at
             home
             ,
             they
             had
             homely
             conceits
             ,
             and
             it
             s
             found
             no
             lesse
             difficult
             to
             bring
             them
             to
             the
             meeting
             ,
             then
             to
             continue
             the
             meeting
             according
             to
             the
             Law
             ,
             being
             either
             loath
             to
             adventure
             their
             thoughts
             into
             the
             troublesome
             affaires
             of
             the
             Publique
             ,
             or
             their
             Persons
             to
             expence
             and
             hazard
             :
             But
             the
             Publique
             must
             be
             served
             ,
             and
             therefore
             an
             Act
             of
             Parliament
             is
             made
             ,
             
             
               That
               all
               such
               Members
               as
               decline
               their
               appearance
               at
               the
               Parliament
               ,
               after
               Summons
               made
               ,
               shall
               be
               amerced
               ,
               and
               the
               Sheriffes
               likewise
               that
               shall
               neglect
               return
               of
               Summons
            
             :
             And
             the
             Statute
             implyeth
             that
             it
             was
             no
             Introduction
             of
             a
             new
             Law
             ,
             but
             a
             reviving
             of
             former
             Law
             now
             or
             lately
             difused
             ,
             or
             a
             Custome
             now
             out
             of
             Custome
             .
             And
             to
             take
             away
             all
             Objection
             in
             point
             of
             charges
             and
             expences
             ,
             another
             Law
             was
             made
             to
             establish
             the
             assessments
             ,
             and
             levying
             of
             their
             Wages
             ,
             
             upon
             the
             Lands
             that
             anciently
             were
             chargeable
             therewith
             ,
             in
             whose
             hands
             soever
             the
             same
             shall
             come
             .
          
           
             I
             shall
             conclude
             with
             this
             ,
             that
             the
             Parliament
             ,
             though
             like
             a
             Garment
             ,
             it
             sometimes
             covers
             the
             goodly
             feature
             and
             proportion
             of
             a
             well
             composed
             body
             ,
             yet
             it
             keepes
             the
             same
             warme
             ,
             and
             as
             a
             Sheild
             is
             first
             in
             all
             dangers
             ,
             and
             meets
             
             with
             many
             a
             knock
             which
             the
             body
             feels
             not
             :
             This
             is
             their
             worke
             and
             reward
             ;
             It
             s
             true
             ,
             that
             in
             the
             wearing
             it
             is
             felt
             heavy
             ,
             but
             it
             is
             the
             easier
             born
             ,
             if
             it
             be
             duely
             considered
             ,
             that
             it
             is
             better
             to
             be
             so
             clothed
             ,
             then
             to
             be
             naked
             .
          
        
         
           
             CHAP.
             III.
             Of
             the
             Privy
             Councell
             ,
             and
             condition
             of
             the
             Lords
             .
          
           
             THe
             later
             must
             make
             way
             for
             the
             former
             ,
             for
             according
             to
             their
             Personall
             esteeme
             in
             their
             own
             Countries
             ,
             such
             is
             their
             Authority
             at
             the
             Board
             in
             joynt
             Councells
             :
             And
             it
             was
             one
             point
             of
             happinesse
             in
             a
             sad
             time
             of
             Warre
             ,
             that
             all
             men
             looked
             one
             way
             .
             The
             Lords
             were
             much
             addicted
             to
             the
             Feild
             ,
             and
             could
             doe
             much
             with
             Edward
             the
             Third
             ,
             who
             was
             a
             brave
             Leader
             ,
             and
             more
             with
             the
             People
             ,
             who
             had
             bin
             so
             long
             time
             used
             to
             the
             rough
             trade
             of
             Souldiery
             ,
             that
             they
             loved
             not
             to
             be
             at
             home
             about
             matters
             of
             Husbandry
             ,
             wherein
             they
             had
             so
             little
             experience
             .
             And
             having
             so
             fair
             a
             Garland
             in
             their
             eye
             as
             France
             ,
             it
             s
             no
             wonder
             if
             Domestick
             designes
             seemed
             meaner
             ,
             or
             more
             dangerous
             .
             Thus
             did
             God
             doe
             England
             a
             good
             turn
             ,
             although
             it
             was
             made
             for
             the
             present
             thereby
             neither
             so
             rich
             or
             populous
             ,
             as
             it
             might
             have
             bin
             in
             a
             time
             of
             Peace
             .
             This
             French
             Heate
             wasted
             many
             a
             tumultuous
             Spirit
             ,
             and
             Innobled
             the
             Fame
             of
             the
             King
             and
             Lords
             ,
             not
             onely
             abroade
             ,
             but
             won
             them
             much
             Honour
             and
             Repute
             of
             those
             that
             remained
             at
             home
             ;
             and
             so
             by
             congregating
             Homogenealls
             ,
             and
             severing
             Heterogenealls
             ,
             rendered
             the
             body
             of
             the
             People
             more
             Univecall
             ;
             which
             tended
             much
             to
             the
             settling
             of
             the
             joynts
             of
             this
             distracted
             Nation
             .
             A
             timely
             birth
             hereof
             doubtlesse
             was
             the
             peaceable
             entry
             of
             Richard
             the
             Second
             ,
             upon
             the
             Throne
             ,
             and
             quiet
             sitting
             there
             ;
             whiles
             as
             yet
             he
             was
             but
             a
             Childe
             ,
             the
             Princes
             of
             the
             blood
             many
             ;
             and
             they
             of
             generous
             ,
             Active
             ,
             and
             daring
             Spirits
             :
             yet
             doe
             we
             not
             meete
             with
             a
             whisper
             in
             Story
             of
             any
             turbulent
             
             or
             aspiring
             humor
             in
             them
             or
             the
             People
             ,
             during
             those
             tenderer
             times
             of
             that
             Kings
             reigne
             .
             But
             after
             that
             he
             came
             to
             know
             more
             in
             himselfe
             then
             was
             to
             be
             found
             ;
             and
             to
             outreare
             his
             abilities
             ,
             having
             some
             of
             the
             Lords
             ready
             at
             his
             elbow
             to
             help
             him
             :
             these
             changed
             the
             Kings
             course
             ,
             although
             the
             generall
             part
             of
             that
             Noble
             Band
             kept
             still
             their
             Array
             ;
             and
             retaining
             the
             body
             of
             the
             People
             in
             due
             composure
             ,
             thereby
             declared
             themselves
             to
             be
             the
             Kings
             Friends
             ,
             though
             the
             others
             were
             Richards
             Favorites
             ,
             so
             as
             he
             was
             fain
             to
             stoop
             to
             occasion
             ,
             and
             submit
             to
             be
             a
             King
             ,
             that
             would
             have
             otherwise
             beene
             more
             or
             lesse
             .
             And
             thus
             the
             Lords
             were
             become
             Supporters
             to
             the
             Crown
             ,
             Studds
             to
             the
             Throne
             ,
             and
             a
             Reserve
             to
             the
             People
             ,
             against
             the
             violent
             motions
             of
             an
             unbridled
             minde
             in
             their
             King
             ;
             who
             seeing
             them
             so
             united
             ,
             and
             indeavouring
             to
             break
             them
             into
             parties
             to
             obtain
             his
             desire
             ,
             lost
             both
             it
             and
             himselfe
             .
             It
             is
             a
             degree
             of
             cleanly
             modesty
             to
             impute
             the
             miscarriages
             of
             unruly
             Kings
             ,
             to
             their
             Councell
             :
             For
             however
             during
             their
             minority
             ,
             Councellors
             are
             more
             rightly
             Officers
             of
             State
             ;
             yet
             when
             Kings
             will
             be
             their
             owne
             Men
             ,
             their
             Councellors
             are
             no
             other
             then
             the
             breath
             of
             the
             Kings
             owne
             breast
             ;
             and
             by
             which
             a
             King
             may
             be
             more
             truely
             discerned
             then
             any
             man
             ,
             by
             his
             bosome
             Friends
             .
             Edward
             the
             Third
             ,
             was
             a
             man
             of
             a
             publique
             Spirit
             ,
             and
             had
             a
             Councell
             suitable
             to
             his
             aime
             :
             Richard
             the
             Second
             ,
             a
             man
             that
             desired
             what
             him
             pleased
             ,
             would
             have
             what
             he
             desired
             ;
             and
             a
             Councell
             he
             had
             that
             served
             him
             in
             all
             :
             for
             God
             answers
             the
             desires
             of
             mens
             hearts
             in
             Judgement
             as
             well
             as
             in
             Mercy
             ;
             and
             a
             sore
             judgement
             it
             is
             both
             to
             King
             and
             People
             ,
             when
             the
             corrupt
             desires
             of
             the
             King
             are
             backed
             by
             a
             flattering
             Councell
             .
          
           
             It
             must
             be
             granted
             that
             the
             Privy
             Councell
             of
             Kings
             ,
             hath
             been
             an
             old
             ginne
             of
             State
             ,
             that
             at
             a
             sudden
             lift
             could
             doe
             much
             to
             the
             furthering
             of
             the
             present
             Estate
             of
             publique
             Affaires
             :
             Neverthelesse
             ,
             through
             the
             Riot
             of
             Kings
             ,
             their
             Designes
             generally
             tended
             to
             make
             more
             worke
             for
             the
             Parliament
             ,
             then
             to
             dispatch
             ;
             to
             doe
             much
             ,
             rather
             then
             well
             ;
             like
             workes
             for
             sale
             ,
             rather
             then
             for
             Master-peice
             ,
             and
             sometimes
             
             to
             undermine
             ,
             yea
             ,
             to
             outface
             the
             Parliament
             it selfe
             ;
             like
             some
             unruly
             servants
             that
             will
             put
             away
             their
             owne
             Masters
             :
             Nor
             can
             it
             otherwise
             be
             expected
             ,
             unlesse
             the
             Kings
             elected
             ones
             be
             turned
             into
             the
             Parliaments
             Committee
             ;
             or
             that
             constant
             annuall
             Inquisition
             by
             Parliament
             ,
             be
             made
             into
             their
             Actions
             :
             for
             occasionall
             inquiries
             breed
             ill
             blood
             ,
             though
             no
             attainder
             be
             ;
             nor
             are
             they
             easily
             undertaken
             ,
             whereas
             constancy
             in
             such
             Cases
             makes
             the
             worst
             to
             be
             resolved
             but
             into
             a
             matter
             of
             common
             course
             .
          
           
             The
             naturall
             and
             originall
             power
             of
             the
             Privy
             Councell
             ,
             is
             very
             obscure
             ,
             because
             there
             are
             severall
             Degrees
             of
             them
             that
             occasionally
             have
             beene
             used
             ,
             all
             of
             whom
             may
             deserve
             the
             name
             of
             Privy
             Councell
             ,
             in
             regard
             of
             the
             Parliament
             ,
             which
             is
             the
             most
             publique
             Councell
             of
             all
             the
             rest
             ,
             and
             alwayes
             hath
             a
             generall
             interest
             in
             all
             Causes
             in
             the
             Kingdome
             .
          
           
             The
             first
             of
             these
             ,
             is
             that
             which
             was
             called
             ,
             
               The
               Grand
               Councell
               of
               the
               King
               ,
            
             which
             as
             I
             thinke
             ,
             was
             not
             the
             House
             of
             Lords
             ,
             who
             are
             called
             by
             Summons
             ,
             and
             were
             onely
             to
             attend
             during
             the
             Parliament
             ;
             but
             a
             body
             made
             up
             of
             them
             :
             and
             other
             wise
             men
             of
             his
             owne
             retinue
             :
             and
             of
             this
             it
             seems
             there
             was
             a
             constant
             body
             framed
             ,
             that
             were
             sworn
             to
             that
             service
             ;
             
             for
             some
             in
             these
             times
             were
             sworne
             both
             of
             the
             Grand
             Councell
             ,
             and
             the
             Privy
             Councell
             ,
             and
             so
             entered
             upon
             Record
             .
          
           
             The
             second
             of
             these
             Councells
             was
             also
             a
             great
             Councell
             ,
             and
             probably
             greater
             then
             the
             other
             ;
             but
             this
             was
             called
             onely
             upon
             occasion
             ,
             and
             consisted
             of
             all
             sorts
             ,
             like
             a
             Parliament
             ,
             yet
             was
             none
             :
             An
             example
             whereof
             we
             have
             in
             the
             Ordinances
             concerning
             the
             Staple
             ,
             which
             at
             the
             first
             were
             made
             by
             the
             King
             ,
             Prelates
             ,
             Dukes
             ,
             Earles
             ,
             Lords
             ,
             and
             great
             Men
             of
             the
             Kingdome
             ,
             one
             out
             of
             every
             County
             ,
             Citty
             ,
             and
             Burrough
             ,
             
             called
             together
             for
             that
             end
             ;
             their
             results
             were
             but
             as
             in
             point
             of
             triall
             for
             sixe
             moneths
             space
             ,
             and
             then
             were
             turned
             into
             Statute-Law
             by
             the
             Parliament
             .
             These
             two
             are
             
               Magna
               Concilia
            
             ,
             yet
             without
             power
             ,
             further
             then
             as
             for
             advise
             ;
             because
             they
             had
             no
             ancient
             foundation
             ,
             nor
             constant
             
             continuance
             .
             Another
             Councell
             remaineth
             more
             private
             then
             the
             other
             ,
             of
             more
             continuall
             use
             ,
             though
             not
             so
             Legally
             founded
             ,
             and
             this
             is
             called
             the
             Kings
             Privy
             Councell
             ,
             not
             taking
             up
             a
             whole
             House
             ,
             but
             onely
             a
             Chamber
             ,
             or
             a
             Table
             ,
             signifying
             rather
             communication
             of
             Advice
             ,
             then
             power
             of
             Judicature
             ,
             which
             more
             properly
             is
             in
             Banco
             ▪
             And
             yet
             the
             power
             of
             this
             grew
             as
             virile
             and
             royall
             ,
             as
             it
             would
             acknowledge
             no
             Peere
             but
             the
             Parliament
             ,
             and
             usurped
             the
             representative
             of
             it
             as
             that
             had
             bin
             of
             the
             whole
             Kingdome
             .
             The
             ambition
             thereof
             hath
             ever
             bin
             great
             ,
             and
             in
             this
             most
             notoriously
             evident
             ,
             that
             as
             it
             had
             swallowed
             up
             the
             grand
             Councell
             of
             Lords
             ,
             it
             seldome
             can
             endure
             the
             mention
             of
             a
             Parliament
             ,
             but
             when
             Kings
             or
             Affairs
             are
             too
             rugged
             for
             their
             owne
             touch
             .
             The
             platform
             of
             their
             power
             you
             may
             behold
             in
             this
             their
             Oath
             .
          
           
             1.
             
             
               That
               well
               and
               lawfully
               they
               shall
               councell
               the
               King
               according
               to
               their
               best
               care
               and
               power
               ,
            
             
             
               and
               keep
               well
               and
               lawfully
               his
               Councels
               .
            
          
           
             2.
             
             
               That
               none
               of
               them
               shall
               accuse
               each
               other
               ,
               of
               any
               thing
               which
               he
               had
               spoken
               in
               councell
               .
            
          
           
             3.
             
             
               And
               that
               their
               lawfull
               Power
               ,
               Aid
               ,
               and
               Councell
               ,
               they
               shall
               with
               their
               utmost
               diligence
               apply
               to
               the
               Kings
               rights
               .
            
          
           
             4.
             
             
               And
               the
               Crowne
               ,
               to
               guard
               ,
               and
               maintaine
               ,
               save
               ,
               and
               to
               keepe
               off
               from
               it
               ,
               where
               they
               can
               without
               doing
               wrong
               .
            
          
           
             5.
             
             
               And
               where
               they
               shall
               know
               of
               the
               things
               belonging
               to
               the
               Crowne
               ,
               or
               the
               rights
               of
               the
               King
               ,
               to
               be
               concealed
               ,
               intruded
               upon
               ,
               or
               substracted
               ,
               they
               shall
               reveale
               the
               same
               to
               the
               King.
               
            
          
           
             6.
             
             
               And
               they
               shall
               enlarge
               the
               Crowne
               ,
               so
               far
               as
               lawfully
               they
               may
               ,
               and
               shall
               not
               accouncell
               the
               King
               in
               decreasing
               the
               rights
               of
               the
               Crowne
               ,
               so
               farre
               as
               they
               lawfully
               may
               .
            
          
           
           
             7.
             
             
               And
               they
               shall
               let
               for
               no
               man
               (
               neither
               for
               love
               nor
               hate
               ,
               nor
               for
               peace
               ,
               nor
               strife
               )
               to
               doe
               their
               utmost
               (
               as
               far
               as
               they
               can
               ,
               or
               doe
               understand
               )
               unto
               every
               man
               in
               every
               Estate
               ,
               Right
               ,
               and
               Reason
               ,
               and
               in
               Judgement
               ,
               and
               doing
               right
               shall
               spare
               none
               ,
               neither
               for
               riches
               nor
               poverty
               .
            
          
           
             8.
             
             
               And
               shall
               take
               of
               no
               man
               without
               the
               Kings
               leave
               ,
               unlesse
               meat
               or
               drinke
               in
               their
               journey
               .
            
          
           
             9.
             
             
               And
               if
               they
               be
               bound
               by
               Oath
               formerly
               taken
               ,
               so
               as
               they
               cannot
               performe
               this
               without
               breaking
               that
               ,
               they
               shall
               informe
               the
               King
               ,
               and
               hereafter
               shall
               take
               no
               such
               Oathes
               ,
               without
               the
               Kings
               consent
               first
               had
               .
            
          
           
             All
             which
             in
             a
             shorter
             summe
             ,
             sounds
             in
             effect
             ,
             that
             they
             must
             be
             faithfull
             Councellors
             to
             the
             Kings
             Person
             ,
             and
             also
             to
             his
             Crowne
             ;
             not
             to
             decrease
             the
             true
             Rights
             ,
             but
             to
             inlarge
             them
             ,
             yet
             all
             must
             be
             done
             lawfully
             .
             And
             secondly
             ,
             that
             they
             shall
             doe
             right
             in
             Judgement
             to
             take
             no
             Fees
             ,
             nor
             any
             other
             Oath
             in
             prejudice
             of
             this
             .
          
           
             The
             first
             of
             these
             concerne
             the
             Publique
             onely
             at
             a
             distance
             ,
             and
             yet
             the
             point
             of
             increasing
             and
             diminishing
             of
             the
             Crowne
             in
             the
             sixth
             Section
             is
             captious
             ,
             and
             may
             sound
             as
             if
             there
             is
             a
             Legall
             enlarging
             of
             the
             Crowne
             ,
             whereof
             he
             that
             takes
             the
             Oath
             is
             to
             judge
             .
             A
             matter
             which
             onely
             and
             properly
             concerns
             the
             Parliament
             to
             order
             and
             determine
             ,
             or
             else
             farewell
             all
             liberty
             of
             the
             People
             of
             England
             .
          
           
             The
             second
             concerneth
             immediately
             the
             King
             in
             his
             politique
             capacity
             ,
             but
             trencheth
             upon
             all
             the
             Laws
             of
             the
             Kingdome
             ,
             in
             the
             executive
             power
             ;
             and
             all
             the
             motions
             in
             the
             whole
             Kingdome
             ,
             either
             of
             Peace
             or
             Warre
             ,
             following
             in
             the
             reare
             ,
             either
             immediately
             ,
             or
             mediately
             ,
             are
             under
             this
             notion
             interested
             into
             the
             transaction
             of
             the
             Privy
             Councell
             ,
             to
             debate
             and
             determine
             the
             Kings
             judgement
             therein
             ,
             unlesse
             it
             will
             determine
             alone
             .
             And
             how
             easie
             a
             thing
             it
             is
             for
             such
             as
             have
             power
             of
             determining
             the
             Action
             by
             the
             Law
             ,
             to
             slip
             into
             the
             determining
             of
             a
             Law
             upon
             the
             Action
             ,
             and
             so
             to
             
             rule
             by
             Proclamation
             ;
             experience
             taught
             succeeding
             times
             sufficiently
             :
             Neverthelesse
             these
             times
             wherein
             Parliaments
             were
             every
             moment
             upon
             the
             wing
             ,
             and
             kept
             this
             Noble
             Band
             in
             awe
             ,
             by
             taking
             them
             into
             their
             Cognisance
             ,
             placing
             and
             displacing
             some
             or
             all
             of
             them
             ,
             directing
             and
             binding
             them
             by
             Oath
             ,
             as
             they
             saw
             occasion
             ,
             of
             which
             the
             Records
             are
             full
             and
             plentifull
             .
             I
             say
             ,
             these
             times
             thus
             constituted
             added
             yet
             further
             incouragement
             to
             them
             ,
             by
             giving
             them
             powers
             by
             Statute-Law
             ,
             over
             and
             beyond
             what
             by
             ancient
             Custome
             they
             had
             obtained
             .
             The
             King
             and
             Councell
             of
             Lords
             had
             anciently
             a
             power
             of
             Jurisdiction
             ,
             that
             hath
             bin
             in
             the
             first
             part
             of
             this
             discourse
             already
             observed
             ;
             yet
             it
             s
             very
             probable
             that
             it
             was
             not
             any
             select
             company
             of
             Lords
             ,
             but
             the
             whole
             Association
             ;
             for
             it
             s
             granted
             by
             all
             ,
             that
             they
             had
             originally
             a
             Principall
             hand
             in
             the
             jurisdiction
             :
             And
             its
             hard
             to
             conceive
             how
             any
             private
             number
             should
             catch
             such
             a
             power
             ,
             if
             not
             by
             usurpation
             .
             But
             the
             manner
             of
             acquiring
             ,
             is
             lesse
             materiall
             ;
             the
             principall
             consideration
             resteth
             upon
             the
             quality
             of
             this
             Jurisdiction
             .
             For
             it
             is
             evident
             that
             much
             difference
             hath
             bin
             ,
             both
             concerning
             the
             place
             and
             manner
             of
             exercising
             this
             Authority
             .
             In
             generall
             ,
             It
             must
             be
             granted
             that
             all
             Pleas
             ,
             
               Coram
               Rege
            
             ,
             were
             grounded
             upon
             Writs
             first
             purchased
             ,
             and
             returnable
             ,
             either
             in
             Banco
             ,
             or
             in
             Camera
             ;
             
             or
             in
             Cancellaria
             .
             And
             no
             difference
             at
             all
             will
             be
             concerning
             the
             Jurisdiction
             in
             Banco
             ,
             for
             that
             was
             by
             the
             Course
             of
             the
             Common
             Law
             ;
             and
             the
             people
             held
             it
             one
             of
             their
             liberties
             to
             have
             one
             known
             course
             of
             Law
             ,
             for
             determining
             matters
             of
             right
             and
             wrong
             .
             As
             touching
             these
             Pleas
             ,
             which
             were
             holden
             by
             Writs
             returnable
             in
             Camera
             ,
             they
             were
             properly
             said
             to
             be
             
               Coram
               Rege
               &
               Consilio
            
             ,
             whose
             meeting
             was
             in
             the
             Councell
             Chamber
             ,
             in
             those
             dayes
             called
             the
             Star-Chamber
             .
             
             For
             other
             returns
             of
             Writs
             in
             the
             Star-Chamber
             doe
             not
             we
             finde
             ,
             but
             such
             as
             were
             in
             Camera
             ,
             
             nor
             Prohibitions
             from
             thence
             ,
             but
             under
             the
             notion
             of
             the
             Kings
             Councell
             ;
             and
             this
             Camera
             ,
             as
             I
             said
             ,
             was
             the
             place
             of
             the
             joynt
             meeting
             of
             the
             Councell
             ,
             as
             well
             of
             those
             of
             the
             Chancery
             and
             Benches
             ,
             as
             of
             those
             that
             attended
             upon
             matters
             of
             State.
             Now
             the
             
             influence
             of
             Society
             in
             point
             of
             Judicature
             ,
             principally
             aspected
             upon
             some
             Pleas
             belonging
             to
             the
             Crowne
             :
             although
             even
             these
             also
             properly
             were
             determinable
             in
             the
             Kings
             Bench
             ;
             nor
             can
             I
             observe
             any
             rule
             to
             bound
             the
             powers
             of
             these
             two
             Judicatories
             ;
             but
             this
             ,
             that
             the
             Councell
             Table
             would
             pick
             and
             chuse
             ,
             and
             prohibite
             the
             Kings
             Bench
             as
             they
             pleased
             :
             and
             to
             that
             end
             would
             order
             Originalls
             out
             of
             the
             Chancery
             ,
             as
             they
             thought
             most
             meet
             :
             for
             it
             is
             observed
             by
             Fleta
             ,
             
             that
             the
             Kings
             Bench
             hath
             no
             Jurisdiction
             of
             it selfe
             ,
             but
             by
             speciall
             Warrant
             ;
             that
             is
             to
             say
             ,
             by
             Originall
             Writs
             returned
             thither
             :
             Neverthelesse
             ,
             it
             may
             seeme
             that
             such
             Crimes
             as
             are
             contrary
             to
             common
             honesty
             ,
             or
             the
             publique
             profit
             or
             peace
             ,
             in
             a
             more
             exemplary
             way
             then
             ordinary
             ;
             and
             therefore
             may
             be
             called
             ,
             
               Crimina
               laesi
               Regni
            
             ,
             or
             against
             the
             State
             :
             These
             ,
             I
             say
             ,
             might
             more
             properly
             belong
             to
             the
             subline
             Judicature
             of
             the
             Councell
             Table
             ;
             as
             knowing
             better
             how
             far
             the
             publique
             State
             was
             interested
             ,
             or
             indammaged
             in
             such
             Cases
             ,
             then
             the
             other
             Judges
             that
             were
             experienced
             onely
             in
             ordinary
             matters
             of
             a
             more
             private
             concernment
             .
          
           
             
             To
             recite
             the
             particular
             Cases
             upon
             record
             ,
             concerning
             racing
             of
             Records
             ,
             Forgeries
             ,
             and
             other
             crimes
             of
             falshood
             ,
             conspiracies
             ,
             combinations
             ,
             to
             abate
             and
             levell
             the
             prices
             of
             Commodities
             ,
             Ryots
             ,
             and
             such
             like
             ,
             will
             be
             superfluous
             .
             In
             all
             which
             and
             others
             of
             that
             Cognisance
             ,
             the
             Sentence
             exceeded
             not
             Fine
             ,
             and
             Imprisonment
             ,
             or
             ransome
             ;
             Neither
             yet
             were
             the
             Common
             Pleas
             so
             rural
             ,
             but
             the
             Councel
             Table
             could
             rellish
             them
             also
             ,
             and
             digest
             them
             well
             enough
             ,
             and
             therefore
             did
             not
             stick
             to
             prohibite
             the
             Courts
             of
             Common
             Law
             ,
             under
             colour
             of
             a
             strange
             maxime
             .
             
               That
               it
               is
               neither
               just
               nor
               honest
               for
               a
               man
               to
               be
               sued
               at
               the
               Common
               Law
               ,
               for
               a
               matter
               depending
               before
               the
               King
               and
               his
               Councell
            
             :
             No
             ,
             though
             the
             Court
             of
             Common
             Law
             had
             the
             precedency
             ;
             and
             therefore
             although
             the
             right
             of
             Tithes
             being
             depending
             at
             the
             Common
             Law
             ,
             
             the
             Arch-Bishop
             in
             opposition
             to
             the
             jurisdiction
             ,
             sueth
             before
             the
             Kings
             Councell
             ,
             and
             the
             proceedings
             at
             the
             Law
             are
             thereby
             stayed
             ;
             and
             no
             wonder
             ,
             for
             the
             
             Councell
             Table
             challenged
             to
             hold
             the
             ballance
             of
             all
             Courts
             of
             Law
             within
             their
             owne
             Order
             :
             and
             so
             if
             any
             doubt
             concerning
             the
             Jurisdiction
             depended
             ,
             
             the
             Councell
             Table
             gave
             the
             word
             ,
             and
             all
             stooped
             thereto
             :
             But
             enough
             of
             the
             Subject
             matter
             ,
             the
             manner
             followes
             ;
             a
             new
             form
             of
             Processe
             is
             taken
             up
             ,
             that
             the
             Common
             Law
             and
             ancient
             Custome
             never
             knew
             ,
             and
             which
             grew
             so
             noisome
             to
             the
             People
             ,
             that
             complaints
             are
             made
             thereof
             as
             of
             common
             greivance
             ,
             and
             remedies
             are
             thereto
             applyed
             by
             the
             Lawes
             of
             these
             times
             .
             
             For
             whereas
             by
             the
             Grand
             Charter
             nothing
             could
             be
             done
             in
             Judgement
             ,
             but
             according
             to
             the
             Lawes
             of
             the
             Land
             ,
             and
             in
             affirmance
             thereof
             a
             Law
             was
             made
             in
             these
             times
             ,
             that
             no
             Accusation
             ,
             nor
             Attachment
             ,
             nor
             forejudging
             of
             Life
             ,
             or
             Member
             ,
             nor
             seisure
             of
             Lands
             ,
             Tenements
             ,
             Goods
             ,
             or
             Chattels
             ,
             should
             be
             against
             the
             form
             of
             the
             Grand
             Charter
             ,
             and
             Law
             of
             the
             Land
             :
             the
             course
             of
             affaires
             grew
             so
             stale
             ,
             that
             amongst
             other
             innovations
             ,
             a
             trick
             of
             a
             new
             kind
             of
             triall
             is
             brought
             forth
             ,
             by
             suggestions
             upon
             Articles
             exhibited
             against
             any
             man
             before
             the
             Councell
             Table
             ;
             and
             thereupon
             issued
             forth
             Attachments
             against
             the
             party
             complained
             of
             ,
             by
             meanes
             whereof
             ,
             and
             other
             courses
             (
             for
             they
             could
             also
             sequester
             )
             much
             vexation
             arose
             unto
             the
             People
             .
             Hereunto
             upon
             complaints
             multiplied
             ,
             a
             remediall
             Law
             is
             made
             ;
             whereby
             it
             is
             Enacted
             ,
             that
             all
             such
             suggests
             made
             ,
             
             shall
             be
             carried
             to
             the
             Chancellor
             ,
             Treasurer
             ,
             and
             the
             Kings
             Grand
             Councell
             ;
             and
             the
             Informer
             shall
             finde
             surety
             to
             prosecute
             with
             effect
             ,
             and
             to
             incurre
             the
             like
             penalty
             intended
             for
             the
             Defendant
             ,
             if
             the
             Plaintiffes
             proofes
             be
             not
             compleat
             ;
             and
             then
             the
             Processe
             of
             Law
             shall
             issue
             forth
             ,
             and
             the
             Defendant
             shall
             not
             be
             taken
             against
             the
             form
             of
             the
             great
             Charter
             ;
             that
             is
             ,
             he
             shall
             not
             be
             taken
             ,
             untill
             first
             the
             fault
             appear
             upon
             Record
             ,
             
             by
             Presentment
             ,
             or
             by
             due
             Processe
             ,
             or
             by
             originall
             Writ
             ,
             according
             to
             the
             Ancient
             Law
             of
             the
             Kingdome
             :
             Either
             therefore
             the
             Privy
             Councell
             had
             no
             power
             to
             hold
             any
             Pleas
             at
             all
             ,
             or
             else
             no
             power
             of
             triall
             :
             
             The
             first
             of
             these
             was
             concluded
             in
             open
             Parliament
             ,
             and
             the
             second
             ,
             as
             good
             as
             so
             :
             for
             if
             the
             first
             ,
             then
             the
             second
             will
             come
             on
             undeniably
             .
             But
             
             suppose
             all
             this
             be
             given
             up
             ,
             yet
             was
             this
             Liberty
             to
             hold
             Pleas
             so
             qualified
             ,
             that
             the
             person
             could
             not
             be
             touched
             ,
             till
             the
             thing
             did
             appear
             by
             Inquisition
             ,
             and
             then
             in
             a
             Legal
             way
             :
             such
             proceedings
             was
             had
             upon
             suggestion
             made
             against
             the
             City
             of
             London
             ,
             
             in
             Henry
             the
             Thirds
             time
             ,
             for
             one
             of
             the
             Judges
             was
             first
             sent
             into
             the
             City
             to
             finde
             the
             suggestion
             by
             a
             Jury
             ,
             and
             then
             the
             Lord
             Maior
             appeared
             before
             the
             Lords
             ,
             and
             traversed
             the
             matter
             ,
             and
             in
             a
             manner
             appealed
             ,
             or
             rather
             demanded
             to
             be
             tryed
             ,
             according
             to
             the
             custome
             of
             the
             City
             .
             
             And
             the
             like
             course
             doe
             we
             finde
             observed
             in
             our
             Law
             Reports
             of
             these
             times
             ,
             in
             a
             Case
             concerning
             the
             price
             of
             Wooll
             ,
             by
             a
             false
             Report
             .
             The
             foote
             of
             the
             whole
             account
             will
             be
             this
             ,
             That
             the
             work
             of
             Judicature
             of
             the
             Privy
             Councell
             in
             these
             times
             in
             Cases
             of
             Crimes
             ,
             was
             to
             receive
             Articles
             ,
             and
             award
             Inquisitions
             ,
             and
             after
             return
             in
             nature
             of
             a
             Grand
             Inquest
             ,
             to
             recover
             ,
             Traverse
             ,
             and
             to
             order
             triall
             at
             the
             Common
             Law
             ;
             
             and
             upon
             Verdict
             returned
             ,
             to
             Fine
             and
             Ransome
             .
             In
             other
             Cases
             either
             of
             right
             or
             equity
             in
             matters
             of
             private
             property
             ,
             they
             were
             determined
             ,
             either
             by
             Judges
             of
             the
             Bench
             ,
             or
             Chancery
             ,
             although
             possibly
             the
             suite
             was
             
               Coram
               Concilio
            
             ,
             for
             that
             all
             the
             said
             Judges
             were
             of
             the
             Kings
             Councell
             :
             And
             yet
             ,
             as
             I
             dare
             not
             affirme
             ,
             so
             I
             cannot
             deny
             ,
             but
             it
             might
             also
             be
             possible
             that
             some
             matters
             ,
             especially
             these
             of
             a
             greater
             consequence
             ,
             either
             in
             their
             own
             nature
             ,
             or
             in
             regard
             of
             the
             persons
             whom
             they
             concerned
             ,
             were
             determined
             by
             the
             major
             Vote
             of
             the
             whole
             Councell
             ,
             in
             a
             prudentiall
             or
             rather
             Arbitrary
             way
             :
             But
             this
             was
             ,
             
               Invita
               minerva
            
             ,
             and
             used
             so
             rarely
             ,
             as
             the
             Path
             is
             growne
             out
             of
             view
             ,
             saving
             some
             few
             footsteps
             here
             and
             there
             remaining
             ,
             which
             shew
             that
             the
             Grand
             Councell
             of
             Lords
             had
             been
             there
             .
          
        
         
           
           
             CHAP.
             IV.
             Of
             the
             Chancerie
             .
          
           
             IT
             is
             the
             birth
             of
             the
             Kings
             Power
             in
             Judicature
             ,
             and
             may
             deserve
             the
             name
             of
             the
             first
             born
             .
             For
             though
             it
             had
             no
             better
             Title
             in
             these
             later
             times
             ,
             then
             Officium
             ;
             
             because
             amongst
             other
             of
             the
             Kings
             Escripts
             ,
             it
             formed
             Writs
             remediall
             for
             such
             as
             had
             received
             wrong
             ;
             yet
             even
             by
             that
             work
             ,
             it
             was
             in
             repute
             for
             so
             much
             skill
             in
             the
             Law
             of
             the
             Land
             ;
             that
             by
             the
             consent
             of
             all
             ,
             it
             was
             as
             well
             able
             to
             advise
             a
             remedy
             ,
             as
             to
             advise
             the
             Complainants
             where
             to
             have
             it
             :
             and
             yet
             it
             had
             one
             adventage
             further
             ,
             that
             it
             was
             an
             Office
             of
             remembrance
             to
             the
             King
             ,
             who
             is
             a
             Person
             of
             great
             trust
             in
             the
             Law
             ,
             and
             gave
             such
             credit
             to
             all
             Acts
             done
             before
             him
             ,
             as
             being
             entred
             into
             the
             remembrance
             ,
             became
             of
             the
             highest
             nature
             of
             Record
             ,
             against
             which
             no
             Plea
             did
             lie
             .
             Amongst
             these
             ,
             matters
             of
             debt
             and
             contract
             coming
             into
             the
             account
             ,
             this
             Office
             taking
             notice
             of
             the
             Record
             ,
             tooke
             Cognisance
             of
             the
             thing
             ,
             and
             for
             the
             executing
             thereof
             :
             and
             thus
             in
             these
             ,
             and
             such
             like
             Cases
             ,
             granted
             Judiciall
             Writs
             ,
             and
             so
             found
             out
             a
             way
             of
             Judicature
             ,
             
             to
             as
             many
             Causes
             as
             the
             State
             would
             trust
             it
             with
             :
             and
             because
             it
             pretended
             Cognisance
             onely
             of
             matters
             of
             Record
             before
             them
             ,
             they
             found
             out
             a
             way
             of
             examining
             of
             witnesses
             by
             Commission
             ,
             and
             returning
             their
             Depositions
             in
             writing
             ,
             which
             being
             become
             a
             Record
             before
             them
             ;
             they
             gave
             their
             Sentence
             upon
             the
             whole
             matter
             ,
             without
             the
             ancient
             ordinary
             tryall
             ,
             
               Per
               pares
            
             :
             It
             becomes
             a
             kinde
             of
             Peculiar
             ,
             exempting
             it selfe
             from
             the
             ordinary
             course
             in
             manner
             of
             triall
             ,
             and
             from
             the
             ordinary
             rules
             of
             Law
             ,
             in
             giving
             of
             Sentence
             ,
             and
             as
             a
             back
             doore
             for
             the
             Kings
             Arbitry
             ,
             in
             case
             of
             Judicature
             in
             matters
             of
             Common
             Pleas
             ,
             as
             the
             Councell
             Table
             was
             in
             Crowne
             Pleas
             ,
             they
             both
             are
             looked
             upon
             with
             a
             very
             pleasing
             eye
             of
             Majesty
             ,
             which
             loves
             not
             to
             be
             straite
             laced
             ;
             yet
             all
             is
             imbattelled
             under
             the
             colours
             of
             Equity
             ,
             Honor
             ,
             Conveniency
             ,
             and
             Conscience
             ,
             like
             a
             Monopoly
             that
             is
             bred
             
             under
             the
             wings
             of
             the
             Publique
             ,
             but
             feeds
             it selfe
             upon
             it
             .
          
           
             That
             this
             had
             attained
             the
             Title
             of
             a
             Court
             so
             anciently
             ,
             as
             in
             K.
             Stevens
             time
             (
             as
             the
             Honorable
             Reporter
             noteth
             )
             I
             much
             question
             ,
             
             by
             the
             Title
             that
             Fleta
             gives
             it
             in
             later
             times
             ,
             nor
             under
             his
             favour
             ,
             will
             that
             Testimony
             cited
             out
             of
             the
             History
             of
             Ely
             warrant
             it
             ,
             but
             upon
             a
             mistaken
             ground
             of
             misplacing
             the
             note
             of
             distinction
             :
             for
             I
             take
             the
             words
             to
             be
             thus
             translated
             ,
             King
             Etheldred
             
               determined
               and
               granted
               ,
               that
               the
               Church
               of
            
             Ely
             
               should
               for
               ever
               in
               the
               Kings
               Court
               hold
               the
               dignitie
               of
               the
               Chancery
               ,
               and
               not
               hold
               the
               dignitie
               of
               the
               Kings
               Court
               of
               Chancery
               :
            
             Neverthelesse
             ,
             its
             clear
             that
             these
             times
             brought
             it
             to
             that
             condition
             that
             it
             might
             well
             carry
             that
             name
             ,
             if
             formerly
             it
             had
             not
             ;
             For
             it
             grew
             very
             fast
             both
             in
             honour
             and
             power
             ,
             and
             this
             not
             by
             usurpation
             ,
             (
             though
             it
             did
             exceed
             )
             but
             by
             expresse
             donation
             from
             the
             Parliament
             .
             Yet
             is
             this
             power
             much
             darkned
             in
             the
             limits
             and
             extent
             thereof
             ,
             chiefly
             in
             regard
             that
             the
             Chancellor
             is
             betrusted
             with
             many
             things
             ,
             whereof
             there
             is
             no
             evidence
             for
             the
             Chancery
             to
             claim
             any
             Cognisance
             .
             For
             he
             was
             in
             these
             times
             a
             person
             of
             many
             interests
             and
             relations
             ,
             being
             one
             of
             the
             Quorum
             ,
             in
             the
             Star-Chamber
             ,
             of
             the
             Kings
             Councell
             ,
             chief
             in
             the
             Chancery
             ,
             most
             commonly
             a
             Clergy
             man
             ,
             and
             therewith
             
               Legate
               è
               latere
            
             ,
             and
             in
             these
             severall
             Relations
             might
             act
             directly
             ,
             and
             yet
             in
             severall
             Courts
             .
             And
             therefore
             ,
             though
             he
             had
             power
             with
             others
             ,
             to
             punish
             neglects
             of
             Execution
             of
             the
             Statutes
             of
             Wines
             ,
             
             by
             Act
             of
             Parliament
             ,
             and
             also
             of
             the
             Statute
             concerning
             Victuall
             ,
             and
             to
             determine
             matters
             of
             controversie
             between
             parties
             in
             Cases
             depending
             before
             the
             Parliament
             ,
             and
             in
             some
             matters
             that
             concern
             the
             Kings
             Revenue
             ;
             yet
             cannot
             these
             be
             said
             to
             be
             the
             proper
             worke
             belonging
             to
             the
             Cognisance
             of
             the
             Chancery
             ,
             but
             to
             the
             Chancellor
             by
             speciall
             Commission
             in
             another
             relation
             :
             Allbeit
             I
             cannot
             deny
             but
             the
             Court
             it selfe
             had
             Cognisance
             in
             matters
             of
             as
             strange
             a
             nature
             ,
             
             Viz.
             To
             punish
             disturbances
             of
             Merchants
             in
             their
             trade
             ,
             to
             see
             to
             the
             executing
             of
             the
             Statutes
             of
             Purveiors
             ,
             and
             to
             remedy
             greivances
             contrary
             to
             other
             Statutes
             
             (
             which
             generall
             words
             let
             in
             a
             wilde
             liberty
             to
             that
             Court
             to
             intermeddle
             in
             Lawes
             which
             were
             never
             intended
             for
             their
             touch
             )
             to
             punish
             Nusances
             according
             to
             discretion
             ,
             
             to
             give
             remedy
             to
             Merchants
             upon
             the
             Statute
             of
             Staple
             ;
             so
             that
             its
             clear
             enough
             the
             Parliament
             intended
             it
             should
             be
             a
             Court
             ,
             and
             gave
             their
             Seale
             to
             their
             power
             of
             Judicature
             .
             Nor
             as
             it
             seemeth
             ,
             was
             this
             any
             regret
             to
             the
             Courts
             of
             Common
             Law
             ,
             but
             as
             a
             thing
             taken
             for
             granted
             .
             For
             the
             Reports
             tell
             us
             ,
             that
             if
             the
             King
             grants
             Tythes
             ,
             arising
             from
             without
             the
             bounds
             of
             any
             Parish
             ,
             the
             Patentee
             shall
             sue
             in
             the
             Chancery
             by
             
               Scire
               Facias
            
             ,
             and
             shall
             there
             proceed
             to
             issue
             or
             demurrer
             ,
             
             and
             then
             to
             the
             common
             Law
             ;
             where
             upon
             triall
             ,
             if
             the
             Defendant
             make
             default
             ,
             the
             Plaintiffe
             shall
             have
             Judgement
             ,
             
             and
             Execution
             .
             And
             if
             the
             Heire
             be
             in
             Ward
             to
             the
             King
             ,
             the
             Mother
             shall
             sue
             and
             recover
             her
             Dower
             in
             the
             Chancery
             .
             And
             they
             tell
             us
             that
             it
             had
             power
             to
             prohibite
             Spirituall
             Courts
             ,
             and
             Courts
             of
             common
             Law
             ,
             yea
             ,
             to
             over-rule
             or
             reverse
             judgements
             :
             and
             yet
             the
             common
             Law
             held
             its
             ground
             when
             it
             was
             concerned
             :
             for
             neither
             were
             all
             suites
             there
             by
             Bill
             ,
             as
             in
             cases
             of
             Equity
             ,
             nor
             determined
             according
             to
             such
             rules
             ,
             
             nor
             did
             the
             power
             of
             Judicature
             rest
             in
             the
             breast
             of
             one
             Chancellor
             ,
             but
             in
             him
             joyntly
             with
             other
             Councell
             of
             the
             King
             ,
             which
             were
             also
             learned
             Judges
             of
             the
             Law.
             For
             the
             Report
             informeth
             that
             Edward
             the
             Second
             ,
             had
             granted
             a
             Rent
             in
             Taile
             to
             the
             Earle
             of
             Kent
             ,
             who
             dying
             ,
             his
             Sonne
             under
             age
             ,
             and
             Ward
             to
             the
             King
             ,
             Edward
             the
             Third
             ,
             seised
             ,
             amongst
             other
             Lands
             ,
             the
             rent
             ,
             and
             granted
             it
             to
             Sir
             
               John
               Molins
            
             :
             Upon
             Petition
             ,
             the
             King
             refers
             the
             matter
             to
             the
             Arch
             Bishop
             ,
             and
             others
             of
             the
             Councell
             ,
             calling
             to
             them
             the
             Chancellor
             :
             A
             
               Scire
               Facias
            
             goes
             forth
             to
             Sir
             
               John
               Molins
            
             ;
             he
             upon
             appearance
             ,
             pleaded
             to
             the
             jurisdiction
             ,
             as
             a
             case
             belonging
             to
             the
             common
             Law
             ;
             but
             it
             would
             not
             be
             allowed
             ,
             because
             it
             was
             to
             repeale
             the
             Kings
             Charter
             .
          
           
             And
             whereas
             it
             was
             objected
             that
             the
             reference
             was
             to
             the
             Arch
             Bishop
             ,
             and
             others
             ,
             and
             therefore
             the
             cause
             ought
             not
             to
             be
             determined
             in
             the
             Chancery
             ;
             it
             was
             resolved
             that
             it
             did
             properly
             belong
             to
             the
             Chancery
             ,
             by
             the
             Law
             :
             And
             in
             the
             
             Argument
             of
             the
             case
             ,
             it
             appeares
             clearely
             that
             the
             Kings
             Councell
             there
             ,
             
             were
             learned
             in
             the
             Law.
             And
             the
             same
             is
             yet
             more
             evident
             by
             the
             Title
             of
             Bills
             in
             those
             dayes
             exhibited
             in
             the
             Chancery
             ,
             which
             was
             directed
             to
             the
             Chancellor
             ,
             and
             the
             Kings
             Councell
             ,
             and
             the
             rule
             given
             ,
             
               Per
               tout
               les
               Justices
            
             ;
             which
             I
             rather
             note
             for
             the
             shortnesse
             of
             the
             forme
             of
             Bills
             in
             those
             dayes
             ,
             farre
             different
             from
             these
             times
             ,
             wherein
             the
             substance
             of
             the
             complaint
             ,
             however
             small
             in
             it selfe
             ,
             is
             oftentimes
             blowne
             out
             into
             so
             great
             a
             bubble
             ,
             that
             it
             breakes
             to
             nothing
             :
             And
             the
             Statutes
             formerly
             mentioned
             do
             assert
             the
             same
             thing
             ,
             as
             touching
             the
             Kings
             Councell
             .
             For
             though
             they
             speake
             of
             the
             Councell
             or
             Chancery
             in
             the
             English
             Tongue
             ,
             yet
             in
             the
             Originall
             the
             words
             are
             ,
             
               Conceill
               en
               Chancery
            
             .
          
           
             Having
             thus
             touched
             upon
             the
             matters
             under
             the
             Judicatory
             of
             the
             Chancery
             ,
             and
             Judges
             in
             the
             same
             :
             in
             the
             next
             place
             ,
             the
             manner
             of
             proceedings
             comes
             to
             consideration
             .
             For
             it
             seems
             they
             had
             been
             formerly
             very
             irregular
             ,
             and
             that
             contrary
             to
             the
             Grand
             Charter
             ,
             upon
             a
             bare
             suggestion
             in
             the
             Chancery
             ,
             the
             party
             complained
             of
             was
             imprisoned
             ,
             and
             no
             proceedings
             made
             thereupon
             :
             for
             remedy
             whereof
             ,
             it
             was
             ordained
             ,
             that
             upon
             suggestions
             so
             made
             ,
             the
             complainant
             was
             to
             finde
             Sureties
             to
             pursue
             the
             suggestions
             ,
             and
             that
             the
             processe
             of
             Law
             should
             issue
             forth
             against
             the
             party
             without
             imprisoning
             him
             ,
             and
             that
             if
             the
             suggestions
             were
             not
             proved
             true
             ,
             the
             complainant
             should
             incur
             the
             like
             penalty
             ,
             that
             the
             Defendant
             should
             have
             done
             ,
             
             in
             case
             be
             had
             beene
             found
             guilty
             :
             but
             afterwards
             this
             later
             clause
             was
             altered
             by
             another
             Statute
             ,
             because
             it
             was
             full
             of
             uncertainty
             ;
             and
             it
             was
             ordained
             ,
             that
             in
             such
             case
             the
             Complainant
             shall
             be
             imprisoned
             ,
             
             untill
             he
             shall
             satisfie
             the
             Defendant
             of
             his
             damages
             :
             And
             furthermore
             ,
             shall
             make
             Fine
             and
             Ransome
             to
             the
             King.
             But
             because
             that
             the
             Defendant
             many
             times
             held
             his
             advantage
             ,
             even
             to
             extremity
             ;
             this
             course
             lasted
             not
             long
             ,
             but
             a
             new
             Law
             was
             made
             ,
             
             which
             put
             the
             power
             of
             awarding
             damages
             in
             such
             cases
             into
             the
             Chancellor
             ,
             to
             doe
             according
             to
             his
             discretion
             :
             And
             thus
             the
             Chancery
             obtained
             power
             to
             
             award
             damages
             ,
             which
             they
             never
             had
             formerly
             ,
             and
             the
             Chancellor
             ,
             a
             Precedency
             both
             in
             the
             Chancery
             ,
             
             and
             of
             the
             Councell
             in
             the
             Court
             of
             Starre-Chamber
             ,
             and
             in
             many
             cases
             in
             the
             Exchequer
             :
             by
             the
             first
             he
             had
             a
             power
             in
             matters
             of
             meum
             and
             tuum
             ;
             by
             the
             last
             in
             matters
             ,
             Mei
             and
             Regis
             ;
             and
             by
             the
             other
             in
             matters
             Mei
             and
             Regni
             .
             A
             considerable
             man
             certainly
             he
             was
             in
             the
             motions
             of
             Government
             ;
             but
             how
             much
             more
             if
             he
             be
             made
             Arch
             Bishop
             of
             Canterbury
             ,
             Cardinall
             ,
             and
             Legate
             
               è
               Latere
            
             ;
             or
             Arch
             Bishop
             ,
             Lord
             Treasurer
             ,
             and
             Legate
             
               è
               Latere
            
             ;
             as
             these
             dayes
             had
             divers
             times
             seen
             .
             Extraordinary
             advancements
             bestowed
             upon
             the
             Nobility
             ,
             brings
             Honour
             to
             the
             Throne
             ,
             but
             if
             they
             be
             not
             men
             of
             noted
             worth
             ,
             and
             uprightnesse
             ,
             they
             make
             the
             Scepter
             stoope
             ,
             by
             stirring
             up
             of
             envy
             in
             the
             Nobility
             ,
             and
             indignation
             from
             the
             People
             .
             For
             seldome
             is
             it
             seene
             ,
             that
             Advancements
             are
             fed
             from
             the
             Crowne
             ,
             though
             they
             be
             bred
             from
             thence
             ;
             but
             either
             maintained
             by
             new
             supplies
             from
             the
             Peoples
             purses
             ,
             or
             the
             ruine
             or
             decay
             of
             some
             Offices
             more
             ancient
             then
             themselves
             ,
             or
             both
             :
             And
             such
             was
             the
             condition
             of
             the
             Chancellor
             ,
             he
             sucked
             fat
             from
             beneath
             ,
             and
             blood
             and
             Spirits
             from
             the
             Grand
             chiefe
             Justiciar
             of
             England
             ,
             and
             so
             reduced
             that
             Honourable
             Potentate
             ,
             unto
             the
             Degree
             of
             chiefe
             Justice
             of
             the
             Kings
             Bench
             ,
             leaving
             scarcely
             unto
             him
             the
             name
             or
             title
             of
             Lord.
             One
             thing
             more
             remaineth
             touching
             the
             election
             ,
             or
             nomination
             of
             this
             Great
             man.
             At
             the
             first
             ,
             he
             was
             no
             better
             then
             a
             Register
             ,
             or
             the
             Kings
             remembrancer
             ,
             or
             Secretary
             ,
             having
             also
             the
             Honour
             to
             advise
             the
             King
             in
             such
             matters
             as
             came
             within
             the
             circuite
             of
             the
             Writings
             in
             his
             custody
             ;
             and
             questionlesse
             ,
             
               Eo
               usque
            
             ,
             its
             sutable
             to
             all
             the
             reason
             in
             the
             World
             ,
             that
             he
             should
             be
             of
             the
             Kings
             sole
             Nomination
             and
             Election
             :
             But
             when
             it
             befalls
             ,
             that
             in
             stead
             of
             advising
             the
             King
             ,
             his
             word
             is
             taken
             to
             be
             the
             rule
             ,
             and
             a
             Judicatory
             power
             put
             upon
             that
             ;
             and
             unto
             this
             is
             superadded
             that
             Honourable
             trust
             of
             keeping
             and
             governing
             the
             great
             Seale
             of
             the
             Kingdome
             ,
             with
             the
             continuall
             growing
             power
             occasionally
             conferred
             upon
             him
             by
             the
             Parliament
             :
             He
             is
             now
             become
             
             no
             more
             the
             Kings
             Remembrancer
             ,
             but
             the
             Lord
             Chancellor
             of
             England
             ,
             and
             Supreame
             Officer
             of
             State.
             And
             it
             seemes
             but
             reasonable
             that
             he
             should
             hold
             his
             place
             by
             publique
             Election
             ,
             as
             well
             as
             the
             Grand
             Justiciar
             ,
             (
             whose
             Plumes
             he
             borrowed
             ,
             )
             and
             other
             Grand
             Officers
             of
             State
             did
             before
             him
             .
             For
             he
             that
             will
             have
             his
             Servant
             to
             worke
             for
             another
             ,
             must
             give
             the
             other
             that
             Honour
             of
             Electing
             him
             thereto
             ;
             nor
             was
             this
             laid
             aside
             or
             forgotten
             by
             these
             times
             ,
             but
             a
             claim
             was
             put
             in
             for
             the
             Election
             or
             allowance
             of
             this
             principall
             Officer
             amongst
             others
             ,
             
             the
             Parliament
             obtaining
             a
             judgement
             in
             the
             case
             by
             the
             Kings
             Confession
             ,
             and
             so
             the
             thing
             is
             left
             to
             the
             judgement
             of
             future
             Ages
             ,
             
               Viz.
               Whether
               a
               King
               that
               can
               do
               no
               man
               wrong
               ,
               can
               dissemble
               the
               Royall
               Assent
               in
               Parliament
               ,
               or
               declare
               himselfe
               Legally
               in
               that
               manner
               by
               Proclamation
               ?
            
          
        
         
           
             CHAP.
             V.
             Of
             Admiralls
             Court.
             
          
           
             THis
             is
             a
             third
             Court
             that
             maintained
             the
             Kings
             judicatory
             power
             ,
             in
             a
             different
             way
             from
             that
             which
             is
             commonly
             called
             the
             Common
             law
             ,
             and
             by
             many
             is
             therefore
             supposed
             ,
             to
             advance
             the
             Kings
             Prerogative
             ,
             but
             upon
             mistaken
             grounds
             :
             It
             is
             very
             true
             ,
             that
             the
             way
             is
             different
             from
             the
             common
             rode
             ,
             both
             in
             its
             originall
             ,
             and
             in
             the
             course
             of
             proceedings
             ;
             nor
             could
             it
             other
             be
             ,
             considering
             the
             condition
             of
             the
             Nations
             ,
             and
             the
             People
             of
             the
             same
             ,
             interested
             in
             common
             traffique
             .
             The
             people
             thus
             interested
             ,
             as
             much
             differed
             from
             the
             other
             sort
             of
             dry
             men
             (
             if
             they
             may
             be
             so
             called
             )
             as
             Sea
             from
             Land
             ,
             and
             are
             in
             nature
             but
             as
             march
             men
             of
             severall
             Nations
             ,
             that
             must
             consenter
             in
             some
             third
             way
             for
             the
             maintenance
             of
             commerce
             for
             peace
             sake
             ,
             and
             to
             the
             end
             that
             no
             Nation
             may
             be
             under
             any
             other
             Law
             then
             its
             owne
             .
             The
             condition
             of
             the
             Nations
             in
             the
             times
             when
             civillized
             government
             began
             to
             settle
             amongst
             
             them
             ,
             was
             to
             be
             under
             the
             Roman
             Emperours
             ,
             who
             having
             setled
             one
             Law
             in
             the
             generall
             grounds
             throughout
             all
             Nations
             ,
             made
             the
             Sea
             likewise
             to
             serve
             under
             one
             rule
             which
             should
             float
             up
             and
             downe
             with
             it
             ,
             that
             men
             might
             know
             upon
             what
             tearmes
             they
             held
             their
             owne
             ,
             wheresoever
             they
             went
             ;
             and
             upon
             what
             tearmes
             to
             part
             with
             it
             for
             their
             best
             advantage
             :
             in
             its
             originall
             therefore
             this
             Law
             may
             be
             called
             Imperial
             ,
             and
             likewise
             in
             the
             process
             ,
             because
             it
             was
             directed
             in
             one
             way
             of
             triall
             ,
             and
             by
             one
             law
             ,
             which
             had
             its
             first
             birth
             from
             the
             Imperiall
             power
             :
             and
             probably
             it
             had
             not
             been
             for
             the
             common
             benefit
             of
             Europe
             to
             have
             been
             otherwise
             ,
             at
             other
             time
             ,
             or
             by
             other
             directories
             formed
             .
             Neverthelesse
             this
             became
             no
             Gemm
             of
             Prerogative
             to
             the
             English
             Crowne
             ,
             for
             if
             England
             did
             comply
             with
             forraine
             Natives
             for
             its
             owne
             benefit
             ,
             it
             being
             an
             Iland
             full
             of
             the
             Sea
             ,
             and
             in
             the
             common
             rode
             from
             the
             most
             parts
             of
             Europe
             that
             border
             upon
             the
             Sea
             ,
             and
             of
             delight
             in
             Merchandise
             ,
             it
             is
             but
             sutable
             to
             it selfe
             ;
             and
             it
             did
             so
             comply
             ,
             as
             it
             saved
             the
             maine
             Stake
             by
             voluntary
             entertaining
             those
             Laws
             without
             being
             imposed
             upon
             by
             Imperiall
             power
             :
             for
             the
             Saxons
             came
             into
             this
             Kingdome
             a
             free
             People
             and
             so
             (
             for
             ought
             yet
             appeareth
             to
             me
             )
             continueth
             to
             this
             day
             :
             I
             say
             that
             in
             those
             first
             times
             ,
             they
             did
             take
             into
             the
             consideration
             of
             Parliament
             the
             regulating
             of
             the
             fluctuating
             motions
             of
             Sea-laws
             ;
             nor
             were
             they
             then
             ,
             or
             after
             ,
             properly
             imposed
             by
             the
             Kings
             Edict
             .
             For
             though
             it
             were
             granted
             ,
             that
             Richard
             the
             first
             reduced
             the
             Sea-laws
             in
             the
             Isle
             of
             Oleron
             ;
             yet
             that
             the
             same
             should
             be
             done
             without
             advise
             of
             Parliament
             in
             his
             returne
             from
             the
             holy
             Land
             ,
             is
             to
             me
             a
             riddle
             ,
             considering
             what
             Histories
             doe
             hold
             forth
             concerning
             of
             his
             returne
             through
             Germany
             ,
             nor
             can
             that
             be
             good
             evidence
             to
             intitle
             Kings
             of
             England
             to
             a
             power
             to
             make
             and
             alter
             Laws
             according
             to
             their
             private
             pleasure
             and
             interest
             .
             Nor
             doth
             that
             Record
             mentioned
             in
             the
             Institutes
             ,
             warrant
             any
             such
             matter
             ,
             but
             rather
             on
             the
             contrary
             groundeth
             the
             complaint
             upon
             laws
             ,
             statutes
             Franchises
             ,
             and
             Customes
             ,
             Estabilished
             ,
             
             and
             that
             this
             Estabilishment
             was
             by
             the
             King
             and
             the
             Councell
             .
          
           
           
             This
             Law
             was
             of
             a
             double
             nature
             according
             to
             the
             Law
             of
             the
             Land
             ,
             one
             part
             concerning
             the
             Pleas
             of
             the
             Crowne
             ,
             and
             the
             other
             between
             party
             and
             party
             ;
             for
             properly
             the
             Kings
             authority
             in
             the
             Admiralty
             is
             but
             an
             authority
             of
             Judicature
             ,
             according
             to
             Laws
             established
             ,
             which
             both
             for
             processe
             and
             sentence
             are
             different
             from
             the
             Common
             Law
             ,
             as
             much
             as
             the
             two
             Elements
             do
             differ
             ,
             yet
             not
             different
             in
             the
             power
             that
             made
             them
             :
             I
             shall
             leave
             the
             particulars
             to
             be
             inquired
             into
             ,
             by
             them
             that
             shal
             minde
             it
             elsewhere
             ,
             and
             only
             touch
             so
             much
             as
             shall
             reflect
             upon
             the
             maine
             Government
             .
             This
             power
             was
             executed
             by
             Deputies
             diversly
             ,
             according
             as
             the
             times
             and
             opportunities
             were
             ,
             for
             Warr
             or
             peace
             ,
             and
             either
             transitu
             or
             partu
             .
             What
             was
             done
             in
             time
             of
             Warr
             ,
             or
             whiles
             this
             Shipp
             is
             out
             of
             the
             English
             Seas
             ,
             comes
             not
             to
             our
             purpose
             ,
             and
             therefore
             I
             shall
             not
             meddle
             with
             that
             ,
             further
             then
             this
             ,
             that
             in
             the
             first
             times
             Kings
             were
             wont
             to
             divide
             the
             worke
             of
             judicature
             ,
             and
             of
             Warr
             into
             severall
             hands
             .
             The
             power
             of
             Warr
             and
             Peace
             they
             committed
             unto
             men
             of
             approved
             courage
             and
             Skill
             in
             that
             service
             ,
             and
             therefore
             generally
             ,
             not
             to
             the
             men
             of
             highest
             ranke
             ,
             who
             had
             neither
             minde
             nor
             Skil
             for
             a
             worke
             of
             such
             labour
             ,
             dyet
             ,
             and
             danger
             :
             this
             power
             passed
             under
             divers
             names
             ,
             sometimes
             by
             grant
             of
             the
             custody
             of
             the
             Sea
             coasts
             ,
             somtimes
             of
             the
             parts
             and
             Sea
             coasts
             ,
             somtimes
             by
             being
             made
             Captain
             of
             the
             Sea
             men
             ,
             and
             Marriners
             ,
             and
             somtimes
             Admiral
             of
             the
             Ships
             .
             It
             was
             a
             great
             power
             ,
             and
             had
             bin
             much
             greater
             but
             that
             it
             suffered
             a
             double
             diminution
             ;
             the
             one
             in
             the
             time
             ,
             for
             three
             or
             four
             years
             commonly
             made
             an
             end
             of
             the
             command
             of
             one
             man
             ,
             and
             at
             the
             best
             it
             was
             ,
             
               quam
               diu
               Regi
               placuerit
            
             ;
             
             the
             other
             diminution
             was
             in
             circuit
             of
             the
             power
             ,
             for
             all
             the
             Maritine
             coasts
             were
             not
             ordinarily
             under
             the
             power
             of
             one
             man
             ,
             but
             of
             many
             ;
             each
             having
             his
             proper
             precinct
             upon
             the
             South
             ,
             or
             North
             ,
             East
             ,
             or
             Western
             shotes
             :
             and
             under
             the
             title
             of
             Admirall
             in
             the
             times
             of
             Ed.
             the
             first
             and
             forwards
             ,
             who
             brought
             that
             title
             from
             the
             holy
             Land
             ;
             neverthelesse
             about
             the
             end
             of
             the
             times
             ,
             whereof
             we
             now
             treat
             ;
             the
             custody
             of
             the
             whol
             Sea
             began
             to
             settle
             in
             
             one
             hand
             ,
             under
             the
             title
             of
             Admirall
             of
             the
             English
             Seas
             ,
             and
             the
             place
             was
             conferred
             upon
             men
             of
             the
             greatest
             ranke
             ,
             and
             so
             continued
             ever
             afterward
             .
             The
             power
             of
             jurisdicton
             ,
             or
             judicature
             all
             this
             while
             remained
             distinct
             ,
             and
             it
             seemes
             was
             settled
             in
             part
             in
             the
             power
             of
             the
             Sheriffe
             and
             Justices
             .
             For
             by
             the
             Law
             the
             Sheriff
             and
             Justices
             had
             cognisance
             of
             matters
             betweene
             the
             high
             water
             and
             the
             low
             water
             marke
             ,
             and
             what
             was
             done
             ,
             
               Super
               altum
               mare
            
             ,
             was
             within
             the
             directory
             of
             the
             Admirall
             ,
             these
             were
             but
             few
             things
             ,
             and
             of
             small
             considerablenesse
             :
             the
             principall
             of
             them
             being
             concerning
             Warr
             or
             peace
             ,
             and
             those
             only
             within
             the
             English
             Seas
             .
             But
             after
             Edward
             the
             third
             had
             beaten
             both
             the
             French
             and
             Spaniards
             at
             Sea
             ,
             the
             people
             grew
             much
             more
             towards
             the
             Sea
             ,
             and
             became
             so
             famous
             ,
             that
             the
             greatest
             Lords
             thought
             the
             Regiment
             of
             Sea
             affaires
             worthy
             of
             the
             best
             of
             their
             ranke
             ,
             and
             were
             willing
             with
             the
             title
             of
             Admirall
             ,
             whiles
             they
             left
             the
             worke
             to
             others
             ;
             and
             so
             the
             Admirall
             became
             a
             person
             of
             more
             honour
             and
             lesse
             worke
             then
             he
             had
             been
             formerly
             .
             The
             greatnesse
             of
             the
             honour
             of
             this
             place
             thus
             growing
             ,
             soone
             also
             began
             to
             contract
             greatnesse
             of
             power
             beyond
             what
             it
             had
             formerly
             ;
             and
             this
             was
             principally
             in
             matter
             of
             jurisdiction
             .
             For
             not
             contented
             with
             the
             power
             of
             a
             cheife
             Justice
             of
             Warr
             and
             Peace
             within
             the
             Seas
             ,
             which
             was
             his
             proper
             dominion
             :
             the
             Lord
             Admirall
             gained
             the
             same
             within
             the
             low
             water
             marke
             ,
             and
             in
             the
             maine
             streames
             below
             the
             next
             Bridge
             to
             the
             Sea
             ,
             
             and
             in
             all
             places
             where
             Ridells
             were
             set
             ;
             and
             yet
             these
             places
             were
             within
             the
             body
             of
             the
             County
             .
             Nor
             did
             he
             indeavour
             lesse
             to
             gaine
             in
             matters
             of
             distributive
             justice
             ,
             for
             although
             he
             had
             a
             legal
             jurisdiction
             in
             things
             done
             upon
             the
             open
             Sea
             ,
             so
             farr
             as
             to
             defend
             ,
             order
             ,
             determine
             ,
             and
             cause
             restitution
             to
             be
             made
             ,
             in
             cases
             of
             damage
             done
             unjustly
             ;
             yet
             was
             it
             no
             lesse
             difficult
             to
             keep
             this
             power
             within
             its
             own
             bounds
             ,
             then
             the
             watry
             Element
             upon
             which
             it
             floated
             ;
             but
             it
             made
             continual
             waves
             upon
             the
             franchise
             of
             the
             Land
             ;
             and
             for
             this
             cause
             ,
             no
             sooner
             had
             these
             great
             men
             savored
             of
             the
             honour
             and
             authority
             of
             that
             dignity
             ,
             but
             comes
             a
             Statute
             
             to
             restrain
             their
             Authority
             in
             the
             Cognisance
             of
             Cases
             onely
             ,
             unto
             such
             matters
             as
             are
             done
             upon
             the
             main
             Sea
             ,
             
             as
             formerly
             was
             wont
             to
             be
             :
             and
             within
             two
             yeares
             after
             ,
             that
             Act
             of
             Parliament
             is
             backed
             by
             another
             Act
             to
             the
             same
             purpose
             ,
             in
             more
             full
             expressions
             ,
             
             saving
             that
             for
             Man-slaughter
             ,
             the
             Admiralls
             power
             extended
             even
             to
             the
             high
             water
             marke
             ,
             and
             into
             the
             main
             streams
             .
             And
             this
             leadeth
             on
             the
             next
             consideration
             ,
             Viz.
             What
             is
             the
             subject
             matter
             of
             this
             Jurisdiction
             ,
             and
             Authority
             :
             I
             shall
             not
             enter
             into
             the
             depth
             of
             particulars
             ,
             but
             shall
             reduce
             all
             to
             the
             two
             heads
             of
             Peace
             and
             Justice
             .
          
           
             The
             Lord
             Admirall
             is
             ,
             as
             I
             formerly
             said
             ,
             a
             Justice
             of
             Peace
             at
             Sea
             ,
             maintaining
             the
             Peace
             by
             Power
             ,
             and
             restoring
             the
             Peace
             by
             setting
             an
             Order
             unto
             matters
             of
             Difference
             ,
             as
             well
             between
             Forrainers
             ,
             as
             between
             the
             English
             and
             Forrainers
             ;
             as
             may
             appeare
             by
             that
             Plea
             in
             the
             fourth
             Institutes
             formerly
             mentioned
             .
          
           
             Secondly
             ,
             That
             point
             of
             Justice
             principally
             concerneth
             matters
             of
             Contract
             ,
             and
             Complaints
             for
             breach
             of
             Contract
             ;
             of
             these
             the
             Admirall
             is
             the
             Judge
             ,
             to
             determine
             according
             to
             Law
             and
             Custome
             .
             Now
             as
             subservient
             unto
             both
             these
             ,
             he
             hath
             authority
             of
             command
             over
             Sea
             men
             ,
             and
             Ships
             that
             belong
             to
             the
             State
             ,
             and
             over
             all
             Sea
             men
             and
             Ships
             in
             order
             to
             the
             service
             of
             the
             State
             ,
             to
             arrest
             and
             order
             them
             for
             the
             great
             voyages
             of
             the
             King
             ,
             and
             the
             Realme
             ,
             and
             during
             the
             said
             voyage
             ;
             
             but
             this
             he
             cannot
             doe
             without
             expresse
             Order
             ,
             because
             the
             determining
             of
             a
             voyage
             Royall
             ,
             is
             not
             wholly
             in
             his
             power
             .
          
           
             Lastly
             ,
             the
             Lord
             Admirall
             hath
             power
             ,
             not
             onely
             over
             the
             Sea
             men
             serving
             in
             the
             Ships
             of
             State
             ,
             
             but
             over
             all
             other
             Sea
             men
             ,
             to
             arrest
             them
             for
             the
             service
             of
             the
             State
             ;
             and
             if
             any
             of
             them
             run
             away
             without
             leave
             from
             the
             Admirall
             ,
             or
             power
             deputed
             from
             him
             ,
             he
             hath
             power
             by
             inquiry
             to
             make
             a
             Record
             thereof
             ,
             and
             certifie
             the
             same
             to
             the
             Sheriffs
             ,
             Maiors
             ,
             Bayliffs
             ,
             &c.
             who
             shall
             cause
             them
             to
             be
             apprehended
             and
             imprisoned
             .
             By
             all
             which
             and
             divers
             other
             Lawes
             ,
             not
             onely
             the
             power
             of
             the
             Admirall
             is
             declared
             ,
             but
             the
             originall
             from
             
             whence
             it
             is
             derived
             ,
             namely
             from
             the
             Legislative
             power
             of
             the
             Parliament
             ,
             and
             not
             from
             the
             single
             Person
             of
             the
             King
             ,
             or
             any
             other
             Councell
             whatsoever
             .
             But
             enough
             hath
             been
             already
             said
             of
             these
             Courts
             of
             State
             ,
             in
             their
             particular
             Precincts
             One
             generall
             interest
             befalls
             them
             all
             ,
             that
             as
             :
             they
             are
             led
             by
             a
             Law
             much
             different
             from
             the
             Courts
             of
             Common
             Law
             ,
             so
             are
             they
             thereby
             the
             more
             indeared
             to
             Kings
             ,
             as
             being
             subservient
             to
             their
             Prerogative
             ,
             no
             lesse
             then
             the
             Common
             Law
             is
             to
             the
             Peoples
             liberty
             :
             in
             which
             condidition
             being
             looked
             upon
             as
             Corrivalls
             ,
             this
             principall
             Maxime
             of
             Government
             will
             thence
             arise
             ,
             That
             the
             bounds
             of
             these
             severall
             Lawes
             are
             so
             to
             be
             regarded
             ,
             that
             not
             the
             least
             gap
             of
             intrenchment
             be
             laid
             open
             each
             to
             other
             ,
             least
             the
             fence
             once
             broken
             ,
             Prerogative
             or
             Liberty
             should
             become
             boundlesse
             ,
             and
             bring
             in
             confusion
             in
             stead
             of
             Law.
             
          
        
         
           
             CAHP.
             VI.
             Of
             the
             Churchmens
             Interest
             .
          
           
             BUt
             the
             Churchmens
             interest
             was
             yet
             more
             tarte
             ,
             standing
             in
             need
             of
             no
             lesse
             a
             lay
             ,
             then
             that
             of
             the
             Kings
             Authority
             ;
             for
             that
             the
             King
             is
             no
             lesse
             concerned
             therein
             ,
             then
             the
             People
             ;
             and
             the
             rather
             ,
             because
             it
             was
             now
             growne
             to
             that
             pitch
             ,
             that
             it
             is
             become
             the
             Darling
             of
             Kings
             ;
             and
             continually
             henceforth
             courted
             by
             them
             ;
             either
             to
             gaine
             them
             from
             the
             Papall
             Jurisdiction
             ,
             to
             be
             more
             ingaged
             to
             the
             Crowne
             ,
             or
             by
             their
             means
             to
             gaine
             the
             Papall
             Jurisdiction
             ,
             to
             be
             more
             favourable
             and
             complying
             with
             the
             Prerogative
             Royall
             .
             The
             former
             times
             were
             tumultuous
             ,
             and
             the
             Pope
             is
             gained
             to
             joyne
             with
             the
             Crowne
             to
             keep
             the
             people
             under
             ,
             though
             by
             that
             means
             ,
             what
             the
             Crowne
             saved
             to
             it selfe
             from
             the
             people
             ,
             it
             lost
             to
             Rome
             :
             Henceforth
             the
             course
             of
             Affairs
             grew
             more
             civill
             ,
             or
             (
             if
             you
             will
             )
             graced
             with
             a
             blush
             of
             Religion
             :
             and
             it
             was
             the
             pollicy
             of
             these
             times
             ,
             
             whereof
             we
             now
             Treat
             ,
             to
             carry
             a
             benigne
             aspect
             to
             the
             Pope
             ,
             so
             farre
             onely
             as
             to
             stave
             him
             off
             from
             being
             an
             enemy
             ,
             whiles
             Kings
             drove
             on
             a
             new
             designe
             to
             ingratiate
             and
             ingage
             the
             Churchmen
             of
             their
             owne
             Nation
             unto
             its
             owne
             Crowne
             .
             This
             they
             did
             by
             distinguishing
             the
             Office
             ,
             or
             Dignity
             of
             Episcopacy
             ,
             into
             the
             Ministeriall
             ,
             and
             Honourable
             parts
             ;
             the
             later
             they
             called
             Prelacy
             ,
             and
             was
             superadded
             for
             incouragement
             of
             the
             former
             ,
             and
             to
             make
             their
             work
             more
             acceptable
             to
             men
             for
             their
             Hospitalities
             sake
             ;
             for
             the
             maintenance
             whereof
             ,
             they
             had
             large
             Endowments
             ,
             and
             Advancements
             :
             And
             then
             they
             reduced
             them
             to
             a
             right
             understanding
             of
             their
             Originall
             ,
             which
             they
             say
             ,
             is
             neither
             
               Jus
               Divinum
            
             ,
             
             nor
             Romanum
             ,
             but
             that
             their
             Lordships
             ,
             Power
             ,
             and
             great
             Possessions
             ,
             were
             given
             them
             by
             the
             Kings
             ,
             and
             others
             of
             this
             Realm
             .
             And
             that
             by
             vertue
             thereof
             ,
             the
             Patronage
             and
             custody
             of
             the
             Possessions
             in
             the
             vacancy
             ought
             to
             belong
             to
             the
             Kings
             ,
             and
             other
             the
             Founders
             ;
             and
             that
             unto
             them
             the
             right
             of
             Election
             into
             such
             advancements
             doe
             belong
             ,
             and
             not
             unto
             the
             Pope
             ,
             nor
             could
             he
             gain
             other
             Title
             unto
             such
             power
             ,
             but
             by
             usurpation
             ,
             and
             incroachment
             upon
             the
             right
             of
             others
             .
             But
             these
             Great
             men
             were
             not
             to
             be
             wonne
             by
             Syllogismes
             ;
             Ordinarily
             they
             are
             begotten
             between
             Ambition
             and
             Covetousnesse
             ,
             nourished
             by
             Riches
             ,
             and
             Honour
             ;
             and
             like
             the
             Needle
             in
             the
             Compass
             ,
             turn
             ever
             after
             that
             way
             .
             Edward
             the
             Third
             ,
             therefore
             labours
             to
             winne
             these
             men
             ,
             heaped
             Honour
             and
             Priviledges
             upon
             them
             ,
             that
             they
             might
             see
             the
             gleanings
             of
             the
             Crowne
             of
             England
             ,
             to
             be
             better
             then
             the
             vintage
             of
             the
             triple
             Crown
             .
             Doubtlesse
             ,
             he
             was
             a
             Prince
             that
             knew
             how
             to
             set
             a
             full
             value
             upon
             Churchmen
             ,
             especially
             such
             as
             were
             devout
             ;
             and
             it
             may
             be
             ,
             did
             somewhat
             outreach
             in
             that
             course
             :
             For
             though
             he
             saw
             God
             in
             outward
             events
             ,
             more
             then
             any
             of
             his
             Predecessors
             ;
             and
             disclaiming
             all
             humane
             merits
             ,
             reflected
             much
             upon
             Gods
             mercy
             ,
             even
             in
             smaller
             blessings
             :
             yet
             we
             finde
             his
             Letters
             reflect
             very
             much
             upon
             the
             Prayers
             of
             his
             Clergy
             ,
             and
             loved
             to
             have
             their
             Persons
             nigh
             unto
             him
             ,
             put
             them
             into
             places
             of
             greatest
             Trust
             ,
             for
             Honour
             ,
             and
             Power
             ,
             in
             Judicature
             ;
             
             that
             not
             altogether
             without
             cause
             ,
             he
             had
             thereby
             purchased
             unto
             his
             Kingdome
             ,
             the
             name
             and
             repute
             of
             being
             a
             Kingdome
             of
             Preists
             .
             But
             all
             this
             is
             but
             Personall
             ,
             and
             may
             give
             some
             liking
             to
             the
             present
             Incumbents
             ,
             but
             not
             to
             the
             Expectants
             ;
             and
             therefore
             the
             Royall
             Favor
             extended
             so
             far
             in
             these
             times
             ,
             as
             to
             bring
             on
             the
             Parliament
             to
             give
             countenance
             to
             the
             Courts
             and
             Judiciary
             power
             of
             the
             Ordinaries
             ,
             by
             the
             Positive
             Law
             of
             the
             Kingdome
             ,
             although
             formerly
             the
             Canons
             had
             already
             long
             since
             made
             way
             thereto
             by
             practice
             :
             I
             shall
             hereof
             note
             these
             few
             particulars
             ensuing
             .
          
           
             
               Ordinaries
               shall
               not
               be
               questioned
               in
               the
               Kings
               Court
               for
               Commatation
               ,
               Testamentory
               Matters
               ,
               
               or
               Matrimoniall
               Causes
               ,
               nor
               other
               things
               touching
               Jurisdiction
               of
               Holy
               Church
               .
            
          
           
             Things
             formerly
             bred
             by
             the
             Canon
             ,
             nourished
             by
             continuall
             practise
             ,
             allowed
             by
             Ordinance
             of
             Parliament
             ,
             or
             Grant
             from
             Kings
             in
             Parliament
             ,
             are
             now
             confirmed
             by
             solemne
             concurrence
             of
             the
             whole
             representative
             Body
             of
             the
             Kingdome
             ,
             to
             have
             and
             to
             hold
             with
             Warranty
             .
             And
             yet
             the
             sense
             is
             not
             so
             generall
             as
             the
             words
             ,
             nor
             doth
             it
             seeme
             much
             other
             ,
             then
             a
             Confection
             made
             for
             the
             Arch
             Bishops
             appetite
             ,
             to
             cure
             a
             distemper
             between
             him
             and
             the
             King
             :
             
             for
             the
             Civill
             Judge
             lost
             nothing
             hereby
             ,
             nor
             would
             the
             Crowne
             ,
             as
             may
             appear
             by
             a
             Law
             of
             equall
             Authority
             with
             the
             former
             :
             for
             though
             an
             Executor
             or
             Administrator
             may
             cheat
             ,
             yet
             it
             tells
             us
             that
             Ordinaries
             onely
             can
             oppresse
             and
             extort
             from
             dead
             men
             ;
             
             and
             therefore
             in
             such
             cases
             doth
             provide
             remedy
             by
             inquiry
             ,
             
             and
             Indictment
             before
             the
             Kings
             Justices
             .
          
           
             
               They
               shall
               have
               Cognisance
               of
               Vsury
               ,
               during
               the
               Delinquents
               life
               ,
               and
               the
               King
               after
               the
               Delinquents
               death
               .
            
             
          
           
             The
             difference
             ariseth
             from
             the
             different
             end
             ;
             the
             first
             being
             to
             reforme
             the
             Person
             by
             Church-censures
             ,
             and
             to
             urge
             
             him
             to
             restitution
             ;
             
             the
             latter
             is
             for
             the
             Kings
             Fine
             or
             Forfeiture
             :
             For
             as
             touching
             the
             Usurers
             estate
             ,
             the
             offence
             was
             in
             the
             nature
             of
             Felony
             ,
             forfeiting
             both
             Lands
             and
             goods
             to
             the
             King
             ,
             after
             the
             Delinquents
             death
             :
             And
             it
             seemeth
             the
             manner
             was
             to
             Indict
             the
             Delinquent
             during
             his
             life
             ,
             and
             that
             stuck
             to
             him
             as
             a
             deadly
             arrow
             in
             his
             side
             ,
             till
             he
             died
             .
             Nor
             did
             it
             lye
             in
             the
             power
             of
             the
             Ordinary
             ,
             by
             Ecclesiasticall
             censure
             ,
             so
             to
             reforme
             the
             Offender
             ,
             as
             to
             cleare
             him
             to
             the
             King
             ,
             unlesse
             the
             party
             offending
             ,
             made
             his
             peace
             with
             the
             King
             by
             Composition
             :
             and
             thus
             the
             Law
             continued
             ,
             for
             ought
             appeareth
             to
             mee
             ,
             till
             the
             time
             of
             Henry
             the
             Eighth
             .
          
           
             
             
               They
               shall
               have
               Cognisance
               of
               avoydance
               of
               Benefices
               of
               Right
               :
               They
               shall
               certifie
               Bigamy
               ;
               and
               Bastardy
               had
               beyond
               the
               Sea
               ;
               and
               whether
               a
               Prior
               be
               perpetuall
               ,
               or
               dative
               .
            
          
           
             The
             first
             of
             these
             concerning
             avoydance
             of
             Churches
             ,
             it
             seemeth
             was
             somewhat
             doubtfull
             in
             point
             of
             Practice
             ,
             for
             that
             the
             Civill
             Judge
             used
             to
             determine
             all
             manner
             of
             avoydances
             ,
             as
             well
             in
             Fact
             ,
             as
             of
             right
             ;
             but
             by
             this
             Statute
             they
             are
             restrained
             onely
             unto
             avoydances
             in
             Fact
             ,
             so
             as
             after
             this
             Statute
             it
             is
             holden
             ,
             that
             avoydances
             by
             death
             shall
             be
             tried
             by
             the
             Countrey
             ;
             but
             if
             the
             avoydance
             be
             by
             Deprivation
             ,
             Resignation
             ,
             
             Creation
             ,
             or
             otherwayes
             ,
             it
             shall
             be
             tried
             by
             the
             Ordinary
             :
             because
             by
             common
             intendment
             he
             is
             more
             connusant
             of
             the
             thing
             ,
             then
             Countrey
             people
             .
             But
             as
             touching
             the
             point
             of
             Bigamy
             ,
             the
             matter
             is
             more
             doubtfull
             ,
             in
             regard
             that
             commonly
             the
             marriage
             of
             a
             second
             Wife
             ,
             or
             Widow
             ,
             is
             a
             matter
             in
             Fact
             ,
             done
             in
             the
             face
             of
             the
             People
             ;
             and
             of
             which
             they
             take
             notice
             ,
             especially
             where
             the
             life
             of
             man
             is
             concerned
             ,
             which
             rather
             requireth
             the
             judgement
             of
             his
             Peires
             ,
             then
             where
             the
             outward
             maintenance
             onely
             is
             ingaged
             .
             Neverthelesse
             because
             the
             main
             point
             is
             ,
             whether
             the
             Party
             be
             a
             Clerk
             or
             not
             ,
             and
             the
             same
             anciently
             rested
             upon
             the
             Certificate
             of
             the
             Ordinary
             :
             It
             s
             by
             this
             Law
             again
             allowed
             to
             him
             to
             try
             and
             certifie
             this
             point
             of
             Bigamy
             also
             ,
             
             although
             the
             Statute
             of
             Bigamists
             ,
             might
             seeme
             to
             Intitle
             the
             civill
             Magistrate
             thereto
             ,
             
             as
             the
             Law
             was
             holden
             to
             be
             before
             this
             Statute
             was
             made
             .
             In
             the
             next
             place
             ,
             although
             it
             cannot
             be
             denied
             ,
             but
             the
             triall
             of
             Bastardy
             beyond
             the
             Sea
             ,
             might
             as
             well
             lye
             in
             the
             Cognisance
             of
             the
             Lay
             Magistrate
             ,
             as
             in
             that
             of
             the
             Ecclesiasticall
             ;
             yet
             seeing
             the
             Clergy
             had
             already
             attained
             the
             Cognisance
             of
             the
             thing
             ,
             the
             place
             proved
             but
             a
             matter
             of
             Circumstance
             ,
             especially
             they
             having
             the
             advantage
             of
             the
             Civill
             Magistrate
             in
             this
             ,
             That
             in
             regard
             the
             Ecclesiasticall
             Persons
             beyond
             the
             Sea
             ,
             had
             also
             obtained
             the
             Cognisance
             of
             that
             matter
             amongst
             themselves
             ,
             their
             Testimony
             or
             Certificate
             would
             come
             with
             more
             credit
             to
             the
             Clergy
             in
             this
             Kingdome
             ,
             then
             to
             the
             Civill
             Magistrate
             ;
             whose
             Cognisance
             in
             such
             Cases
             they
             did
             disallow
             .
          
           
             Lastly
             ,
             concerning
             Priories
             ,
             whereas
             some
             were
             presentative
             ,
             and
             filled
             by
             Induction
             from
             the
             Ordinary
             ;
             and
             others
             were
             Donative
             ,
             having
             their
             Priors
             meerly
             at
             the
             will
             of
             the
             Abbot
             ,
             to
             be
             placed
             and
             displaced
             as
             he
             thought
             most
             expedient
             :
             if
             then
             the
             point
             in
             Issue
             depends
             upon
             this
             knot
             ,
             this
             Law
             referreth
             the
             triall
             unto
             the
             Ordinary
             ,
             who
             by
             common
             Presumption
             best
             knowes
             whether
             any
             Institution
             and
             Induction
             had
             passed
             his
             Registry
             ,
             and
             Seale
             ,
             or
             not
             .
             And
             thus
             ,
             though
             a
             kinde
             of
             Judiciall
             power
             seemeth
             to
             be
             carried
             along
             herewith
             ,
             yet
             is
             all
             in
             a
             ministeriall
             and
             subservient
             way
             ,
             unto
             the
             Civill
             Magistrate
             ;
             and
             neverthelesse
             with
             such
             credit
             and
             authority
             ,
             that
             the
             main
             hinge
             of
             the
             Judicatory
             ,
             in
             such
             cases
             ,
             depends
             upon
             the
             dash
             of
             their
             Penne.
             
          
           
             
               No
               Bishop
               ,
               nor
               Archbishop
            
             ,
             
             
               shall
               be
               impeached
               before
               the
               Civill
               Magistrate
               ,
               without
               the
               Kings
               expresse
               Warrant
               .
            
          
           
             The
             former
             particulars
             ,
             concerned
             matter
             of
             Authority
             ;
             this
             and
             others
             insuing
             ,
             concern
             matter
             of
             immunity
             ,
             which
             ,
             or
             most
             of
             which
             were
             formerly
             for
             a
             long
             time
             within
             the
             Fancy
             of
             the
             Canon
             ,
             but
             never
             came
             to
             the
             height
             of
             Parlimentary
             approbation
             or
             authority
             till
             now
             ,
             that
             it
             comes
             in
             
             as
             a
             Peace-offering
             to
             pacifie
             the
             quarrell
             between
             the
             Arch-Bishop
             Stratford
             ,
             and
             the
             King
             :
             For
             he
             being
             ingaged
             in
             the
             French
             Warres
             ,
             so
             resolved
             to
             continue
             ;
             and
             therefore
             to
             maintain
             distempers
             at
             home
             ,
             he
             held
             neither
             Honourable
             ,
             nor
             safe
             .
          
           
             
             
               Their
               Temporalties
               shall
               not
               be
               wasted
               ,
               during
               the
               Vacancy
               :
               Nor
               shall
               they
               be
               seised
               ,
               but
               by
               Judgement
               of
               the
               Court.
               
            
          
           
             The
             first
             of
             these
             was
             an
             ancient
             Law
             ,
             grounded
             upon
             great
             reason
             ;
             although
             dulled
             by
             time
             ,
             and
             by
             covetousnesse
             of
             the
             needy
             Patrons
             ,
             next
             to
             laid
             aside
             ,
             if
             not
             quite
             put
             out
             of
             countenance
             :
             So
             as
             a
             new
             Law
             must
             be
             made
             to
             revive
             it
             ,
             and
             to
             abolish
             that
             corrupt
             custome
             ,
             or
             practice
             of
             depredating
             those
             Possessions
             given
             to
             a
             holy
             use
             in
             common
             supposall
             ,
             contrary
             to
             the
             trust
             by
             them
             undertaken
             ,
             and
             the
             use
             still
             continuing
             .
             But
             the
             second
             Branch
             is
             in
             nature
             of
             a
             Law
             of
             Restraint
             ,
             set
             upon
             the
             Common
             Law
             :
             for
             the
             persons
             of
             these
             Spiritualized
             men
             ,
             were
             of
             so
             aiery
             constitution
             ,
             as
             they
             could
             not
             be
             holden
             by
             hands
             made
             out
             of
             the
             Clay
             ,
             such
             as
             the
             rude
             Laity
             were
             ;
             and
             therefore
             the
             Civill
             Magistrate
             ,
             upon
             all
             occasions
             used
             to
             lay
             hold
             upon
             that
             ,
             whereof
             there
             was
             some
             feeling
             ,
             which
             were
             called
             Temporalties
             ,
             and
             thereby
             drew
             them
             to
             appearance
             at
             the
             Lay
             Courts
             ;
             for
             however
             Spirituall
             the
             Clergy
             were
             ,
             they
             would
             not
             easily
             part
             with
             their
             Lay
             Fees.
             But
             now
             by
             this
             Law
             ,
             the
             times
             are
             so
             ▪
             attenuated
             ,
             that
             the
             very
             Temporalties
             are
             made
             so
             Spirituall
             ,
             as
             not
             to
             be
             medled
             with
             by
             the
             Lay
             Magistrate
             ,
             unlesse
             upon
             judgement
             first
             obtained
             against
             them
             .
             And
             sutably
             thereunto
             within
             twelve
             yeares
             following
             ,
             another
             Law
             was
             made
             more
             punctuall
             ,
             
             that
             their
             Temporalties
             should
             not
             be
             seised
             upon
             for
             contempts
             ,
             but
             that
             their
             Persons
             should
             be
             seised
             ;
             yet
             within
             twenty
             yeares
             after
             that
             ,
             this
             Law
             begins
             to
             be
             out
             of
             Countenance
             ,
             and
             the
             Opinions
             of
             the
             Judges
             began
             to
             grow
             bold
             upon
             the
             ancient
             rule
             ,
             that
             their
             Temporalties
             were
             Temporall
             ,
             though
             their
             Persons
             were
             Spirituall
             ;
             and
             that
             it
             was
             more
             dangerous
             to
             imprison
             
             the
             person
             of
             a
             Clergy
             man
             ,
             then
             to
             attache
             his
             Possessions
             :
             And
             therefore
             they
             held
             ,
             
             that
             if
             the
             Ordinary
             remove
             not
             the
             Incumbent
             when
             the
             Kings
             Writ
             commands
             him
             so
             to
             doe
             ,
             his
             Temporalties
             should
             be
             seised
             .
             And
             if
             the
             Ordinary
             should
             certifie
             one
             to
             be
             a
             Clerke
             which
             is
             none
             ,
             the
             like
             course
             is
             to
             be
             taken
             .
          
           
             
               They
               shall
               depute
               the
               next
               and
               most
               lawfull
               Freinds
               ,
            
             
             
               of
               the
               Intestate
               to
               Administer
               his
               goods
               .
            
          
           
             The
             Statute
             at
             Westminster
             the
             second
             ,
             
             having
             given
             formerly
             a
             kinde
             of
             allowance
             ▪
             that
             the
             Ordinary
             should
             be
             Administrator
             to
             the
             Intestate
             ,
             so
             far
             as
             to
             answer
             the
             Intestates
             debts
             ,
             lent
             him
             thereby
             an
             opportunity
             to
             possesse
             himself
             of
             the
             whole
             ,
             to
             all
             intents
             and
             purposes
             ;
             which
             being
             observed
             by
             the
             Parliament
             ,
             by
             this
             Law
             they
             made
             way
             for
             Administration
             ,
             to
             fall
             through
             the
             hands
             of
             the
             Ordinary
             ,
             into
             the
             lap
             of
             Administrators
             ,
             made
             by
             the
             Authority
             of
             the
             Parliament
             ;
             but
             of
             the
             Ordinaries
             nomination
             ,
             according
             to
             the
             authority
             hereby
             to
             him
             given
             .
             These
             Administrators
             thus
             made
             ,
             had
             a
             greater
             power
             then
             ever
             the
             Ordinary
             had
             ,
             or
             could
             give
             .
             For
             though
             the
             Ordinary
             by
             the
             Statute
             at
             Westminster
             ,
             was
             bound
             to
             pay
             the
             Debts
             of
             the
             Testator
             ,
             yet
             could
             he
             never
             bring
             Action
             as
             the
             Administrator
             to
             all
             intents
             by
             this
             Law
             is
             inabled
             to
             doe
             :
             And
             though
             it
             be
             true
             ,
             that
             the
             Administrator
             is
             by
             this
             Law
             ordered
             to
             account
             to
             the
             Ordinary
             ,
             yet
             doth
             not
             that
             intitle
             the
             Ordinary
             to
             any
             interest
             in
             the
             personall
             Estate
             ;
             but
             onely
             gives
             him
             a
             bare
             authority
             to
             take
             the
             account
             ,
             without
             any
             compulsory
             power
             by
             Ecclesiasticall
             censures
             ,
             to
             inforce
             him
             thereto
             .
          
           
             Secondly
             ,
             it
             is
             such
             an
             account
             ,
             as
             is
             no
             Evidence
             in
             any
             Court
             of
             Record
             :
             And
             Lastly
             ,
             if
             upon
             the
             foot
             of
             the
             account
             ,
             any
             arreare
             remained
             ,
             or
             surplusage
             of
             Estate
             ;
             the
             Ordinary
             could
             neither
             recover
             ,
             nor
             order
             the
             same
             ;
             because
             by
             the
             Law
             anciently
             ,
             the
             next
             freinds
             had
             the
             sole
             interest
             therein
             :
             and
             being
             by
             this
             Statute
             made
             Administrators
             ,
             
             the
             whole
             power
             of
             ordering
             the
             Estate
             is
             vested
             in
             them
             .
          
           
             To
             conclude
             ,
             this
             Statute
             was
             made
             in
             favour
             ,
             and
             for
             the
             ease
             of
             the
             Ordinaries
             ,
             if
             they
             would
             please
             so
             to
             take
             it
             ,
             for
             they
             could
             get
             no
             benefit
             by
             executing
             the
             Administration
             in
             their
             owne
             Persons
             ,
             if
             they
             intended
             to
             Administer
             according
             to
             the
             Law.
             
          
           
             
             
               The
               Persons
               of
               the
               Clergy
               are
               priviledged
               from
               Arrests
               ,
               during
               the
               Holy
               Actions
               of
               their
               Officiating
               .
            
          
           
             This
             was
             plotted
             since
             Anselmes
             time
             ,
             he
             and
             his
             Successors
             ,
             indeavoured
             by
             Constitution
             ,
             and
             Canon
             ,
             continually
             to
             minde
             the
             Civill
             Magistrate
             thereof
             ,
             but
             could
             never
             nurse
             it
             up
             to
             the
             Degree
             of
             a
             Law
             ,
             till
             now
             ;
             they
             gained
             the
             advantages
             of
             the
             times
             ,
             growing
             into
             a
             more
             tender
             apprehension
             of
             Devotion
             ,
             then
             formerly
             ,
             The
             penalty
             of
             transgressing
             this
             Law
             is
             left
             in
             generall
             ,
             and
             therefore
             did
             the
             lesse
             scare
             ,
             but
             within
             three
             yeares
             after
             ,
             it
             was
             confirmed
             with
             a
             certain
             penalty
             of
             Fine
             ,
             
             and
             Imprisonment
             ,
             as
             to
             the
             Kings
             suite
             ,
             and
             dammages
             to
             the
             party
             offended
             :
             and
             the
             Priviledge
             was
             inlarged
             ,
             for
             ,
             and
             during
             their
             continuance
             in
             the
             Consecrated
             ground
             ,
             in
             order
             to
             such
             Services
             ,
             and
             not
             upon
             Fraud
             ,
             or
             Collusion
             to
             avoyde
             Arrests
             :
             But
             by
             neither
             of
             these
             Lawes
             was
             the
             Arrest
             ,
             (
             although
             contrary
             to
             them
             )
             made
             voyde
             ,
             as
             touching
             the
             Process
             .
          
           
             
             
               The
               goods
               of
               the
               Clergy
               ,
               are
               discharged
               from
               Purveyance
               ,
               and
               their
               Houses
               from
               Quarter
               .
            
          
           
             The
             later
             of
             these
             was
             an
             Incroachment
             upon
             the
             greater
             Clergy
             men
             :
             For
             under
             the
             Title
             of
             Hospitality
             ,
             which
             the
             Prelates
             were
             obliged
             to
             by
             their
             great
             Possessions
             ,
             and
             Revenues
             ,
             conferred
             upon
             them
             to
             that
             end
             ,
             Kings
             used
             to
             quarter
             Messengers
             ,
             to
             and
             from
             Scotland
             ;
             The
             Kings
             Horses
             ,
             Dogs
             ,
             and
             Haukes
             ,
             &c.
             
             But
             the
             point
             of
             Purveyance
             ,
             was
             an
             ancient
             Prerogative
             belonging
             to
             Kings
             ,
             and
             by
             no
             Custome
             were
             the
             goods
             of
             any
             man
             discharged
             therefrom
             ,
             
             till
             it
             was
             by
             act
             of
             grace
             first
             confirmed
             by
             Edward
             the
             first
             ,
             
             and
             afterwards
             by
             grant
             of
             Edward
             the
             second
             ,
             yet
             by
             reason
             of
             the
             rudenesse
             of
             the
             times
             ,
             did
             not
             those
             acts
             prevaile
             to
             that
             settlement
             that
             was
             promised
             ;
             till
             now
             Edward
             the
             third
             renued
             the
             Law
             :
             nevertheless
             could
             not
             this
             Law
             of
             Edward
             the
             third
             perfect
             that
             worke
             ,
             because
             it
             was
             but
             a
             bare
             command
             till
             Richard
             the
             second
             made
             a
             remediall
             Law
             ,
             
             giving
             thereby
             the
             Clergie
             that
             were
             wronged
             a
             right
             of
             action
             of
             trespass
             against
             the
             Purveyors
             ,
             and
             to
             recover
             treble
             damages
             ,
             whereas
             formerly
             they
             were
             liable
             only
             to
             a
             fine
             to
             the
             King
             ,
             which
             many
             times
             was
             as
             soone
             pardoned
             as
             asked
             .
          
           
             These
             condiscentions
             might
             have
             wedded
             the
             English
             Clergy
             to
             the
             English
             Crowne
             ,
             but
             that
             it
             was
             coy
             and
             expected
             further
             gratuities
             :
             besides
             they
             beheld
             their
             old
             Stepdame
             Rome
             ,
             now
             in
             its
             full
             Splendor
             and
             power
             ,
             and
             deeply
             interested
             in
             the
             sway
             of
             affaires
             in
             this
             Kingdome
             ,
             and
             above
             all
             the
             rest
             ,
             the
             nigh
             affinity
             between
             the
             Prelate
             and
             the
             Pope
             was
             such
             ,
             that
             they
             sucked
             one
             milke
             ,
             breathed
             one
             aire
             ,
             and
             like
             the
             Philosophers
             twinns
             ,
             lived
             in
             each
             other
             :
             The
             later
             of
             these
             was
             not
             discerned
             by
             those
             dim
             sighted
             times
             ,
             and
             therefore
             they
             could
             do
             nothing
             towards
             the
             dissolution
             of
             that
             knot
             ,
             but
             left
             it
             to
             future
             times
             ,
             who
             found
             no
             other
             way
             then
             to
             cut
             it
             asunder
             :
             But
             Edward
             the
             Third
             and
             his
             successor
             espied
             the
             first
             ,
             felt
             the
             inconvenience
             thereof
             ,
             and
             applyed
             themselves
             to
             such
             remedy
             as
             they
             found
             most
             ready
             at
             hand
             .
             All
             things
             that
             are
             subject
             to
             time
             are
             also
             subject
             to
             change
             ,
             which
             comes
             comonly
             slower
             upon
             Governments
             that
             are
             less
             Eclesiastical
             ,
             for
             Churches
             continue
             longer
             in
             a
             growing
             condition
             then
             in
             their
             compleat
             estate
             ,
             like
             a
             Christian
             that
             seldom
             endures
             long
             after
             his
             full
             ripenesse
             .
             Thus
             England
             ;
             it
             s
             hitherto
             above
             a
             thousand
             yeares
             since
             the
             Gospel
             came
             to
             the
             Saxons
             ,
             and
             well
             nigh
             a
             thousand
             yeares
             since
             the
             Pope
             set
             his
             foot
             amongst
             us
             ;
             ever
             approaching
             nigher
             the
             Throne
             ,
             and
             ascending
             thereunto
             ;
             but
             finding
             it
             full
             of
             a
             King
             that
             would
             not
             remove
             ,
             he
             sits
             downe
             in
             his
             lapp
             ;
             a
             heavy
             burden
             questionlesse
             
             he
             was
             ,
             considering
             his
             claime
             of
             jurisdiction
             ,
             his
             provisions
             ,
             pensions
             ,
             exemptions
             ,
             impositions
             ,
             and
             such
             like
             oppressions
             ;
             and
             therefore
             it
             s
             no
             wonder
             if
             the
             King
             feeling
             the
             incumbrance
             ,
             gives
             a
             lift
             at
             the
             Popes
             power
             ,
             by
             stoping
             the
             currant
             of
             mony
             from
             England
             Rome-wards
             :
             
             To
             this
             end
             the
             Statute
             made
             at
             Carlile
             is
             revived
             ,
             wherby
             the
             Clergy
             are
             inhibited
             from
             conveying
             treasure
             beyond
             the
             Seas
             ;
             but
             the
             Pope
             knew
             how
             to
             ride
             ,
             and
             will
             not
             so
             easily
             forego
             his
             saddle
             .
             The
             Roman
             Eagle
             had
             made
             many
             a
             faire
             flight
             in
             England
             ,
             and
             had
             not
             yet
             fully
             gorged
             himselfe
             ;
             he
             grants
             ten
             thousand
             Marks
             yearly
             out
             of
             taxes
             layd
             upon
             the
             Church
             livings
             in
             England
             ,
             unto
             two
             Cardinals
             ,
             neither
             of
             which
             did
             ,
             nor
             ,
             by
             the
             Canon
             ,
             could
             live
             in
             England
             ;
             the
             treasurership
             of
             Yorke
             also
             to
             another
             Cardinall
             ,
             after
             that
             the
             King
             had
             conferred
             the
             same
             else
             where
             .
             He
             proceeds
             also
             further
             to
             invade
             the
             undoubted
             rights
             of
             the
             Crown
             ,
             by
             making
             an
             election
             of
             the
             B.
             of
             Norwich
             ,
             and
             causing
             him
             to
             be
             invested
             ,
             
               Rege
               renitente
            
             :
             the
             King
             spent
             eight
             yeares
             in
             the
             recovery
             of
             his
             right
             ,
             and
             was
             deluded
             in
             the
             conclusion
             ;
             he
             now
             sees
             it
             bootelesse
             to
             stand
             alwayes
             upon
             his
             defence
             ,
             and
             receive
             affronts
             ;
             he
             resolves
             therefore
             to
             enter
             the
             lists
             ;
             
             and
             maketh
             seisure
             of
             the
             Deanery
             of
             York
             ,
             which
             formerly
             by
             usurpation
             ,
             the
             Pope
             had
             conferred
             upon
             a
             Cardinall
             ;
             and
             of
             all
             Church
             livings
             given
             by
             the
             Pope
             to
             aliens
             :
             Then
             a
             Law
             is
             made
             more
             sharp
             then
             those
             in
             the
             eighteenth
             yeare
             ,
             wherein
             Provisors
             of
             Abbies
             and
             Priories
             are
             made
             lyable
             to
             a
             Praemuniri
             ,
             and
             Provisors
             of
             other
             Ecclesiasticall
             Livings
             and
             Dignities
             ,
             whereby
             the
             presentation
             of
             the
             rightfull
             Patron
             is
             disturbed
             ,
             to
             be
             fined
             and
             imprisoned
             untill
             the
             fine
             and
             damages
             to
             the
             party
             wronged
             be
             paide
             .
             And
             all
             such
             as
             draw
             men
             to
             plead
             out
             of
             England
             ,
             in
             cases
             that
             belong
             to
             the
             cognisance
             of
             the
             Kings
             Court
             ,
             and
             all
             obtainers
             of
             provisions
             in
             the
             Court
             at
             Rome
             ,
             these
             were
             also
             subject
             to
             a
             Praemuniri
             .
             
             For
             whiles
             these
             things
             were
             thus
             in
             action
             ,
             the
             Pope
             bestirred
             himselfe
             notably
             with
             Citations
             ,
             Excommunications
             ,
             interdictions
             ,
             and
             such
             other
             birds
             of
             prey
             ,
             not
             only
             against
             meane
             men
             ,
             but
             Judges
             ,
             
             Bishops
             ,
             and
             the
             Kings
             Councell
             ;
             as
             amongst
             others
             ,
             the
             case
             of
             the
             Bishop
             of
             Ely
             ,
             at
             the
             solicitation
             of
             some
             of
             inferior
             regard
             ,
             as
             I
             remember
             ,
             a
             Clerke
             or
             some
             such
             thing
             :
             
             yet
             as
             these
             Bull-drivers
             or
             summoners
             to
             the
             Romish
             Court
             ,
             were
             no
             late
             upstarts
             ,
             so
             were
             not
             these
             times
             the
             first
             that
             tooke
             them
             to
             task
             :
             for
             before
             the
             Statuts
             of
             Praemuniri
             ,
             we
             find
             provision
             was
             made
             against
             Provisors
             ,
             and
             that
             some
             Statute
             did
             precede
             those
             in
             Print
             ,
             which
             punished
             a
             disturber
             of
             the
             Kings
             Incumbent
             ,
             by
             a
             Bull
             from
             Rome
             ,
             with
             perpetuall
             imprisonment
             ,
             or
             at
             the
             Kings
             will
             ;
             besides
             the
             party
             wronged
             was
             allowed
             an
             action
             for
             his
             damages
             ,
             
             
               Qui
               tam
               pro
               Domino
               Rege
               quam
               pro
               seipso
               sequitur
            
             ;
             and
             before
             that
             time
             also
             ,
             bringers
             of
             Bulls
             from
             Rome
             were
             imprisoned
             ,
             although
             in
             all
             these
             cases
             aforesaide
             ▪
             the
             liberty
             of
             the
             Persons
             ,
             both
             of
             Lords
             and
             Praelats
             ,
             was
             saved
             :
             
             And
             thus
             all
             the
             while
             King
             Edward
             the
             third
             kept
             the
             field
             ,
             he
             gave
             the
             Pope
             cuffe
             for
             cuffe
             ,
             but
             retiring
             himselfe
             to
             take
             his
             ease
             ,
             he
             waxing
             wanton
             ,
             waxed
             weake
             ,
             and
             more
             slowly
             pursued
             the
             vindication
             of
             his
             owne
             right
             ,
             and
             his
             Subjectes
             liberty
             .
             The
             Lawes
             are
             layde
             aside
             ,
             and
             Rome
             had
             further
             day
             given
             to
             plead
             ,
             and
             in
             the
             mean
             time
             execution
             is
             staid
             :
             the
             double
             minde
             is
             double
             died
             ,
             and
             advantage
             is
             soon
             espied
             ,
             above
             sixty
             Church
             livings
             more
             are
             suddainely
             catched
             and
             given
             to
             the
             favorites
             at
             Rome
             ;
             the
             Parliament
             rings
             herewith
             ,
             
             yet
             the
             King
             delayes
             the
             remedy
             ,
             and
             in
             this
             Edy
             of
             affaires
             ,
             Edward
             the
             third
             dies
             ,
             and
             Richard
             the
             second
             takes
             up
             the
             place
             ,
             who
             had
             witt
             enough
             to
             observe
             what
             concerned
             his
             owne
             interest
             ,
             and
             courage
             enough
             to
             pursue
             it
             .
             But
             neither
             witt
             nor
             courage
             to
             over-rule
             his
             lusts
             ,
             which
             in
             the
             conclusion
             over-ruled
             all
             rule
             ,
             and
             brought
             himselfe
             to
             destruction
             .
             He
             found
             the
             people
             at
             his
             entrance
             into
             the
             Throne
             irritated
             with
             the
             Popes
             opressions
             ,
             and
             vexed
             at
             his
             Grandfathers
             desidiousnes
             .
             His
             Spirit
             is
             also
             stirred
             within
             him
             ,
             and
             himselfe
             thereby
             pressed
             to
             tread
             in
             his
             Grandfathers
             former
             wayes
             ,
             and
             to
             outrunne
             him
             in
             his
             later
             :
             
             he
             made
             the
             penalty
             of
             Praemuniri
             to
             extend
             to
             all
             Farmores
             ,
             or
             others
             ,
             in
             nature
             of
             Bailiffs
             ,
             that
             held
             any
             Church
             maintenance
             to
             the
             use
             of
             any
             alien
             ,
             
             and
             unto
             all
             Aliens
             that
             are
             Purchasors
             of
             such
             Provisions
             to
             any
             use
             :
             
             and
             unto
             all
             Lieges
             ,
             that
             shall
             in
             like
             manner
             purchase
             such
             Provisions
             :
          
           
             But
             as
             touching
             such
             as
             shall
             accept
             such
             provisions
             ,
             he
             ordained
             Banishment
             for
             their
             Persons
             ,
             and
             Forfeiture
             of
             their
             Estate
             :
             
             Notwithstanding
             all
             this
             ,
             the
             Romane
             Horse-leach
             would
             not
             so
             give
             over
             .
             The
             King
             grew
             into
             displeasure
             with
             his
             Subjects
             ,
             and
             they
             with
             him
             ,
             and
             with
             one
             another
             ;
             they
             see
             the
             Pope
             still
             on
             Horseback
             ,
             and
             fear
             that
             the
             English
             Clergy
             ,
             their
             own
             Countrey
             men
             ,
             if
             not
             Friends
             ,
             and
             Abbettors
             ,
             yet
             are
             but
             faint
             ,
             and
             feigned
             Enemies
             to
             the
             Popes
             Cause
             .
             Nor
             was
             it
             without
             Cause
             that
             their
             fear
             was
             such
             ,
             for
             as
             the
             Pope
             had
             two
             hands
             to
             receive
             ,
             so
             they
             had
             two
             hearts
             ,
             making
             show
             of
             forming
             blowes
             at
             the
             Pope
             ,
             but
             then
             alwayes
             at
             a
             distance
             ,
             or
             when
             without
             the
             Popes
             Guard
             ;
             and
             thus
             the
             Lawes
             begin
             to
             stammer
             and
             cannot
             speake
             so
             plain
             English
             as
             they
             were
             wont
             .
             The
             people
             hereat
             offended
             ,
             resolve
             to
             put
             the
             Clergy
             into
             the
             Van
             ,
             and
             to
             try
             their
             mettle
             to
             the
             full
             .
          
           
             
             At
             the
             last
             Parliament
             that
             Richard
             the
             Second
             did
             hold
             ,
             both
             the
             Lords
             Temporall
             ,
             and
             Spirituall
             ,
             are
             opposed
             one
             by
             one
             .
             The
             Lords
             Temporall
             (
             like
             themselves
             )
             resolve
             and
             enter
             their
             Resolutions
             ,
             to
             defend
             the
             right
             of
             the
             Crowne
             in
             the
             Cases
             of
             Provisors
             ;
             although
             even
             amongst
             these
             great
             men
             all
             were
             not
             equally
             resolute
             ;
             for
             Sir
             
               William
               Brian
            
             had
             purchased
             the
             Popes
             Excommunication
             against
             some
             that
             had
             committed
             Burglary
             ,
             and
             he
             was
             committed
             to
             the
             Tower
             for
             his
             labour
             :
             But
             the
             Prelates
             answer
             was
             ambiguous
             ,
             
             and
             with
             modifications
             ,
             which
             was
             all
             one
             to
             cry
             (
             as
             men
             use
             to
             say
             )
             Craven
             :
             yet
             was
             the
             Statute
             made
             peremptory
             ,
             according
             to
             what
             was
             formerly
             Enacted
             .
             And
             though
             the
             Prelates
             cautionary
             way
             of
             proceeding
             ,
             might
             be
             a
             principall
             reason
             why
             the
             Popes
             power
             held
             so
             long
             in
             England
             ,
             in
             an
             usurping
             way
             :
             yet
             Kings
             also
             much
             conduced
             thereto
             ,
             by
             seeking
             too
             much
             their
             Personall
             ease
             above
             the
             Honour
             of
             their
             Place
             ,
             and
             the
             Popes
             blessings
             ,
             and
             opinion
             of
             his
             Favour
             ,
             more
             then
             their
             owne
             good
             ,
             or
             
             the
             Peoples
             liberty
             :
             for
             there
             was
             no
             other
             balme
             for
             a
             distracted
             minde
             ,
             then
             that
             which
             dropped
             from
             the
             Popes
             lips
             .
             In
             like
             manner
             Richard
             the
             Second
             ,
             being
             already
             ,
             at
             least
             in
             purpose
             ,
             estranged
             from
             his
             People
             ,
             sought
             to
             get
             freinds
             at
             Rome
             ,
             to
             hold
             by
             the
             Spirituall
             Sword
             ,
             what
             he
             was
             in
             danger
             to
             loose
             ,
             by
             laying
             aside
             the
             Sword
             of
             Justice
             ,
             which
             is
             the
             surest
             Tenure
             for
             Kings
             to
             hold
             by
             :
             And
             though
             the
             Popedome
             was
             now
             under
             a
             Schisme
             ,
             between
             two
             Popes
             ,
             Clement
             and
             Vrban
             ;
             yet
             he
             was
             so
             farre
             won
             for
             Vrban
             ,
             
             that
             he
             not
             onely
             ingaged
             himselfe
             ,
             and
             the
             Parliament
             ,
             to
             determine
             his
             Election
             ,
             and
             uphold
             the
             same
             ;
             but
             also
             ,
             
               Ex
               abundante
            
             ,
             did
             by
             Implication
             allow
             to
             him
             an
             Indefinite
             Power
             ,
             to
             grant
             Provisions
             ,
             and
             so
             at
             once
             he
             lost
             the
             Die
             ,
             and
             gained
             a
             Stake
             ,
             that
             like
             a
             bubble
             looked
             faire
             ,
             but
             soon
             vanished
             away
             .
          
           
             Neverthelesse
             ,
             these
             two
             Comrades
             ,
             whiles
             they
             were
             together
             ,
             resolved
             to
             make
             the
             most
             of
             each
             other
             that
             they
             could
             ;
             and
             therefore
             though
             the
             Popedome
             liked
             not
             the
             King
             ,
             yet
             the
             Pope
             had
             his
             love
             so
             farre
             ,
             as
             he
             could
             deny
             himselfe
             ;
             for
             he
             had
             already
             denied
             his
             Kingdome
             :
             
             And
             (
             if
             the
             Articles
             exhibited
             against
             the
             King
             by
             Henry
             the
             Fourth
             ,
             be
             true
             )
             the
             Pope
             had
             his
             Faith
             also
             :
             For
             (
             that
             he
             might
             be
             rid
             of
             his
             reputed
             Enemy
             ,
             Arch
             Bishop
             Arundell
             )
             he
             trusted
             the
             Pope
             with
             that
             Complement
             of
             making
             Walden
             Arch
             Bishop
             of
             Canterbury
             in
             Arundells
             stead
             ;
             which
             the
             Pope
             tooke
             so
             kindly
             ,
             as
             he
             made
             it
             a
             President
             for
             Provisors
             for
             the
             future
             .
             Nor
             did
             the
             King
             stick
             in
             this
             one
             Singular
             ;
             but
             made
             it
             his
             Custome
             in
             passing
             of
             Lawes
             ,
             (
             especially
             ,
             such
             as
             the
             King
             was
             most
             devoted
             unto
             )
             to
             put
             more
             Confidence
             in
             the
             Popes
             Amen
             ,
             then
             in
             all
             the
             Prayers
             of
             his
             Commons
             ,
             with
             his
             owne
             
               Soit
               fait
            
             ,
             to
             boot
             .
             The
             summe
             then
             will
             be
             that
             the
             Prize
             was
             now
             well
             begun
             ,
             concerning
             the
             Popes
             power
             in
             
               England
               .
               Edward
            
             the
             Third
             ,
             made
             a
             fair
             blow
             ,
             and
             drew
             blood
             ;
             Richard
             the
             Second
             ,
             seconded
             him
             ,
             but
             both
             retired
             ;
             the
             former
             left
             the
             Pope
             to
             lick
             himself
             whole
             ,
             the
             later
             gave
             him
             a
             salve
             ,
             and
             yet
             it
             proved
             a
             Gangrene
             in
             the
             conclusion
             .
          
           
           
             The
             second
             means
             used
             to
             bring
             down
             the
             power
             of
             the
             Pope
             in
             this
             Nation
             ,
             was
             to
             abate
             the
             power
             or
             height
             of
             the
             English
             Clergy
             :
             for
             though
             the
             times
             were
             not
             so
             cleare
             as
             to
             espy
             the
             Root
             of
             a
             Pope
             in
             Prelacy
             ,
             yet
             experience
             had
             taught
             them
             ,
             that
             they
             were
             so
             nigh
             ingaged
             ,
             that
             they
             would
             not
             part
             .
             And
             therefore
             ,
             first
             ,
             they
             let
             these
             men
             know
             ,
             that
             Prelacy
             was
             no
             Essentiall
             Member
             to
             the
             Government
             of
             the
             Kingdome
             ;
             but
             as
             there
             was
             a
             Government
             established
             before
             that
             ranke
             was
             known
             ,
             so
             there
             may
             be
             the
             like
             when
             it
             is
             gone
             .
             For
             Edward
             the
             Third
             ,
             being
             troubled
             with
             a
             quarrell
             between
             the
             two
             Arch
             Bishops
             of
             Canterbury
             ,
             and
             Yorke
             ,
             concerning
             Superiority
             ,
             in
             bearing
             the
             Crosse
             ;
             and
             the
             important
             Affaires
             of
             Scotland
             ,
             so
             urging
             .
             Summoned
             a
             Parliament
             at
             Yorke
             ,
             which
             was
             fain
             to
             be
             delaied
             and
             adjourned
             for
             want
             of
             appearance
             ,
             and
             more
             effectuall
             Summons
             issued
             forth
             ;
             but
             at
             the
             day
             of
             Adjournment
             ,
             none
             of
             the
             Clergy
             of
             the
             Province
             of
             Canterbury
             would
             be
             there
             ;
             and
             upon
             this
             Occasion
             the
             Parliament
             was
             not
             onely
             interrupted
             in
             their
             proceedings
             ,
             but
             an
             ill
             president
             was
             made
             ,
             for
             men
             to
             be
             bold
             with
             the
             Kings
             Summons
             ,
             in
             such
             Cases
             as
             liked
             not
             them
             ;
             and
             thereupon
             a
             Statute
             was
             made
             to
             inforce
             Obedience
             upon
             Citizens
             ,
             and
             Burgesses
             ,
             
             and
             such
             Ecclesiasticks
             as
             held
             ,
             
               per
               Baroniam
            
             .
             Neverthelesse
             ,
             when
             the
             matters
             concerning
             Provisors
             began
             to
             come
             upon
             the
             Stage
             ,
             which
             was
             within
             two
             yeares
             after
             that
             Law
             was
             made
             ,
             the
             Clergy
             found
             that
             matter
             too
             warme
             for
             them
             ,
             and
             either
             did
             not
             obey
             the
             Summons
             ,
             or
             come
             to
             the
             Parliament
             ;
             or
             if
             they
             came
             ,
             kept
             aloofe
             ;
             or
             if
             not
             so
             ,
             would
             not
             Vote
             ;
             or
             if
             that
             ,
             yet
             order
             their
             tongues
             ,
             so
             as
             nothing
             was
             certainly
             to
             be
             gathered
             ,
             but
             their
             doubtfull
             or
             rather
             double
             minde
             .
             These
             Prelates
             thus
             discovered
             ,
             the
             Parliament
             depended
             no
             more
             upon
             them
             ,
             further
             then
             they
             saw
             meet
             :
             At
             sixe
             or
             seven
             Parliaments
             ,
             determined
             matters
             without
             their
             Advice
             ;
             and
             such
             as
             crossed
             the
             Principles
             of
             these
             men
             :
             and
             therefore
             in
             a
             rationall
             way
             might
             require
             their
             Sense
             above
             all
             the
             rest
             ,
             had
             they
             not
             beene
             prepossessed
             with
             prejudice
             ,
             and
             parties
             in
             the
             matter
             .
             Nor
             
             did
             Edward
             the
             Third
             ,
             ever
             after
             hold
             their
             Presence
             at
             so
             high
             Repute
             at
             such
             meetings
             ;
             and
             therefore
             Summoned
             them
             ,
             or
             so
             many
             of
             them
             ,
             as
             he
             thought
             meet
             for
             the
             Occasion
             ;
             sometimes
             more
             ,
             somtimes
             fewer
             ,
             and
             at
             a
             Parliament
             ,
             in
             his
             fourty
             and
             seventh
             yeare
             ,
             he
             Summoned
             onely
             foure
             Bishops
             ,
             and
             five
             Abbots
             .
             And
             thus
             the
             matter
             in
             Fact
             passed
             in
             these
             times
             ,
             albeit
             the
             Clergy
             still
             made
             their
             claim
             of
             Vote
             ;
             and
             desired
             the
             same
             to
             be
             entered
             upon
             Record
             .
          
           
             And
             thus
             the
             Parliament
             of
             England
             tells
             all
             the
             World
             ,
             
             that
             they
             hold
             themselves
             compleat
             without
             the
             Clergy
             ,
             and
             to
             all
             intents
             and
             purposes
             ,
             sufficient
             to
             conclude
             matters
             concerning
             the
             Church
             ,
             without
             their
             Concurrence
             .
             Thus
             began
             the
             Mewing
             time
             of
             Prelacy
             ,
             and
             the
             principall
             Feather
             of
             their
             wings
             to
             fall
             away
             ,
             having
             now
             flourished
             in
             England
             nigh
             eight
             hundred
             years
             ;
             and
             had
             future
             Ages
             pursued
             the
             flight
             as
             it
             was
             begun
             ,
             these
             Lordings
             might
             have
             beaten
             the
             Aire
             ,
             without
             making
             any
             speedy
             way
             ,
             or
             great
             work
             ,
             saving
             the
             noise
             .
          
           
             A
             third
             step
             yet
             was
             made
             further
             ,
             in
             order
             to
             the
             reducing
             of
             the
             power
             of
             the
             Popedome
             in
             England
             ,
             but
             which
             stumbled
             most
             immediatly
             upon
             the
             greatnes
             of
             the
             Prelates
             .
             For
             it
             was
             the
             condition
             of
             the
             Spirituall
             Powers
             ,
             besides
             their
             height
             of
             Calling
             to
             be
             set
             in
             high
             Places
             ,
             so
             as
             their
             Title
             was
             from
             Heaven
             ;
             but
             their
             Possessions
             ,
             were
             from
             men
             ,
             whereby
             they
             gained
             Lordship
             ,
             Authority
             ,
             and
             Power
             ,
             by
             way
             of
             Appendix
             to
             their
             Spirituall
             Dignities
             :
             This
             Addition
             however
             it
             might
             please
             them
             ,
             yet
             it
             for
             a
             long
             time
             ere
             now
             had
             been
             occasion
             of
             such
             murmur
             and
             grudge
             in
             the
             Commons
             against
             the
             Clergy
             ,
             as
             though
             it
             advanced
             the
             Clergy
             for
             the
             present
             ,
             yet
             it
             treasured
             up
             a
             back
             reconing
             for
             these
             men
             ,
             and
             made
             them
             lyable
             to
             the
             displeasure
             of
             the
             Laity
             ,
             by
             seisure
             of
             their
             great
             places
             :
             when
             as
             otherwayes
             their
             Ecclesiasticall
             Dignities
             had
             been
             beyond
             their
             reach
             .
             And
             of
             this
             ,
             these
             times
             begin
             now
             to
             speak
             louder
             then
             ever
             ,
             not
             onely
             by
             complaints
             made
             in
             Parliament
             by
             the
             People
             ,
             
             but
             also
             by
             the
             Lords
             and
             Commons
             in
             Parliament
             ,
             
             to
             the
             King
             ,
             that
             the
             Kingdome
             had
             been
             now
             long
             ,
             and
             too
             long
             time
             governed
             by
             the
             Clergy
             ,
             to
             the
             disherison
             of
             the
             Crown
             ;
             and
             therefore
             prayed
             ,
             that
             the
             principall
             Offices
             of
             the
             Kingdome
             ,
             might
             henceforth
             be
             executed
             by
             the
             Laity
             :
             and
             thus
             the
             stir
             arose
             between
             the
             Lords
             Temporall
             and
             Spirituall
             ,
             each
             prevayling
             or
             loosing
             ground
             ,
             as
             they
             had
             occasion
             to
             lay
             the
             way
             open
             for
             them
             .
             The
             Duke
             of
             Lancaster
             being
             still
             upon
             the
             upper
             ground
             ,
             that
             as
             little
             regarded
             the
             Popes
             Curse
             ,
             as
             the
             Clergy
             loved
             him
             .
          
           
             But
             the
             worst
             ,
             or
             rather
             the
             best
             ,
             is
             yet
             behinde
             ;
             Outward
             Power
             ,
             and
             Honourable
             places
             ,
             are
             but
             undersetters
             ,
             or
             props
             to
             this
             Gourd
             of
             Prelacy
             ,
             that
             might
             prove
             no
             lesse
             prejudiciall
             by
             creeping
             upon
             the
             ground
             ,
             then
             by
             perking
             upward
             :
             For
             so
             long
             as
             Error
             abideth
             in
             the
             Commons
             ,
             Truth
             can
             have
             little
             security
             amongst
             Princes
             ;
             although
             it
             cannot
             be
             denyed
             ,
             but
             it
             s
             a
             good
             signe
             of
             a
             clear
             morning
             ,
             when
             the
             Sun
             rising
             ,
             glorieth
             upon
             the
             top
             of
             the
             Mountains
             .
             God
             gives
             Commission
             therefore
             to
             a
             Worme
             ,
             to
             smite
             this
             Gourd
             in
             the
             roote
             ,
             and
             so
             at
             once
             both
             Prelate
             ,
             and
             Pope
             ,
             doe
             wither
             by
             undermining
             .
             This
             was
             Wickleife
             ,
             that
             had
             the
             double
             Honour
             of
             Learning
             in
             Humane
             and
             Divine
             Mysteries
             ;
             the
             latter
             of
             which
             had
             for
             many
             yeares
             passed
             obscurely
             ,
             as
             it
             were
             in
             a
             twilight
             amongst
             the
             meaner
             sort
             ,
             who
             had
             no
             Indowments
             to
             hold
             it
             forth
             amongst
             the
             throng
             of
             learned
             or
             great
             men
             of
             the
             World.
             
          
           
             And
             though
             the
             newes
             thereof
             did
             sound
             much
             of
             Holynesse
             and
             Devotion
             ,
             Theames
             unmeet
             to
             be
             propounded
             to
             an
             Age
             scarce
             Civillized
             :
             Yet
             because
             divers
             of
             them
             were
             more
             immediately
             reflecting
             upon
             the
             Policy
             of
             the
             Church
             ,
             wherein
             all
             the
             greater
             sort
             of
             the
             Churchmen
             were
             much
             concerned
             ,
             but
             the
             Pope
             above
             all
             the
             rest
             ;
             the
             accesse
             of
             all
             the
             matter
             ,
             was
             made
             thereby
             more
             easie
             to
             the
             Consideration
             of
             the
             great
             Lords
             and
             Princes
             in
             the
             Kingdome
             ,
             who
             out
             of
             principles
             of
             State
             ,
             were
             more
             deeply
             ingaged
             against
             the
             Pope
             ,
             then
             others
             of
             their
             ranke
             formerly
             had
             been
             :
             Duke
             John
             of
             Gant
             led
             the
             way
             in
             this
             Act
             ,
             and
             had
             a
             
             party
             amongst
             the
             Nobility
             ,
             that
             had
             never
             red
             the
             Canon
             Law.
             
          
           
             These
             held
             forth
             Wickleife
             and
             his
             Learning
             to
             the
             World
             ,
             and
             Edward
             the
             Third
             himself
             savoured
             it
             well
             enough
             ,
             but
             in
             his
             old
             Age
             desiring
             his
             ease
             ,
             was
             contented
             to
             looke
             on
             ,
             whiles
             his
             Lords
             Temporall
             and
             Spirituall
             played
             their
             Prize
             ,
             yet
             giving
             his
             plaudite
             rather
             to
             his
             Sonne
             ,
             then
             his
             Spirituall
             Fathers
             ,
             as
             if
             led
             by
             Principles
             of
             Nature
             ,
             rather
             then
             Religion
             :
             This
             was
             the
             blossoming
             part
             of
             the
             Wickleifists
             ,
             but
             the
             principall
             strength
             was
             from
             beneath
             ,
             where
             the
             roots
             spread
             and
             fastned
             exceedingly
             ,
             especially
             in
             the
             South
             ,
             and
             Eastern
             parts
             of
             this
             Kingdome
             .
             
               To
               tell
               of
               the
               Vsurpations
               of
               the
               Clergy
               ,
               the
               Idolatry
               of
               their
               costly
               Worship
               ,
               the
               vanity
               of
               their
               Curses
               ,
               &c.
            
             was
             exceeding
             welcome
             newes
             to
             an
             oppressed
             multitude
             ,
             especially
             where
             these
             things
             were
             rightly
             understood
             .
             The
             Issue
             soon
             manifested
             it selfe
             to
             the
             World
             ,
             no
             Parliament
             passed
             without
             reflections
             at
             Prelates
             ,
             Rome
             ,
             or
             some
             such
             thing
             ;
             and
             not
             onely
             the
             persons
             and
             practices
             of
             these
             men
             ,
             but
             even
             their
             Lawes
             and
             Canons
             ,
             were
             begun
             to
             be
             had
             in
             contempt
             ;
             
             and
             their
             missives
             sleighted
             .
             And
             thus
             these
             men
             pretending
             Patronage
             ,
             both
             from
             Right
             drawn
             from
             Heaven
             ,
             and
             derived
             from
             men
             ,
             faile
             in
             their
             Evidence
             ,
             unlesse
             the
             people
             doe
             still
             beleive
             more
             then
             they
             are
             able
             to
             understand
             .
          
           
             No
             marvell
             if
             Rome
             be
             now
             rouzed
             ,
             and
             that
             sort
             of
             men
             that
             formerly
             were
             Wolves
             in
             Sheeps
             clothing
             ,
             become
             now
             red
             and
             fiery
             Dragons
             ,
             taking
             up
             a
             new
             course
             of
             Establishing
             their
             Power
             by
             Persecution
             .
             This
             was
             a
             way
             of
             Power
             indeed
             ,
             but
             it
             s
             a
             touchy
             thing
             to
             have
             to
             doe
             with
             fire
             ,
             least
             it
             gets
             too
             high
             .
             It
             is
             therefore
             holden
             a
             point
             of
             discretion
             by
             the
             Prelates
             ,
             not
             to
             meddle
             with
             the
             Lords
             or
             the
             Common
             People
             ;
             the
             former
             were
             too
             great
             ,
             the
             later
             too
             many
             :
             the
             one
             sort
             would
             not
             heare
             ,
             the
             other
             would
             not
             understand
             :
             The
             Teachers
             therefore
             being
             the
             Velites
             ,
             at
             them
             they
             give
             fire
             .
             Wickleife
             their
             Leader
             ,
             comes
             on
             bravely
             ;
             and
             notwithstanding
             ,
             they
             all
             made
             at
             him
             ,
             he
             routes
             them
             ,
             and
             in
             despite
             of
             them
             all
             ,
             comes
             off
             fairely
             ,
             
             and
             dies
             in
             his
             bed
             by
             the
             course
             of
             Nature
             :
             
             Then
             an
             Ordinance
             is
             levelled
             at
             the
             rest
             of
             the
             Teachers
             :
             This
             was
             made
             of
             an
             old
             Canon
             ,
             the
             nature
             whereof
             was
             to
             this
             purpose
             .
          
           
             
             
               That
               upon
               complaint
               of
               the
               Bishop
               ,
               the
               Kings
               Writt
               shall
               be
               granted
               ,
               to
               apprehend
               Preachers
               of
               Heresies
               ,
               Errours
               ,
               and
               matters
               of
               Slander
               ,
               tending
               to
               Discord
               ,
               and
               Discention
               ,
               betweene
               the
               States
               of
               this
               Realme
               ,
               with
               their
               Factors
               ,
               and
               Abbettors
               ;
               and
               to
               imprison
               them
               ,
               till
               they
               be
               acquitted
               according
               to
               the
               Law
               of
               the
               Church
               .
            
          
           
             This
             Law
             (
             for
             such
             it
             yet
             appears
             )
             gives
             occasion
             to
             consider
             of
             these
             particulers
             ,
             
               Viz.
               The
               Crime
               ,
               the
               Delinquents
               ,
               the
               manner
               of
               Inquisition
               ,
               and
               the
               penalty
               .
            
             For
             the
             first
             ,
             (
             not
             to
             trouble
             my
             way
             with
             Debate
             ,
             about
             the
             right
             of
             liberty
             of
             Preaching
             )
             the
             matter
             in
             Fact
             was
             ,
             that
             men
             did
             publiquely
             Preach
             without
             Authority
             ,
             matters
             of
             Theology
             ,
             tending
             (
             as
             it
             s
             said
             )
             to
             sow
             discord
             and
             dissention
             ;
             so
             as
             they
             are
             under
             consideration
             &
             censure
             of
             the
             Church-Men
             ,
             and
             Canon
             Law
             ,
             in
             one
             regard
             ,
             and
             of
             the
             Lawes
             of
             the
             Kingdome
             ,
             and
             Civill
             Magistrate
             ,
             as
             disturbers
             of
             the
             Peace
             ,
             on
             the
             other
             side
             :
             and
             thus
             the
             Subjects
             liberty
             is
             cast
             into
             a
             mysterious
             ,
             cloudy
             ,
             and
             doubtfull
             posture
             ,
             by
             matters
             of
             Opinion
             .
          
           
             Secondly
             ,
             the
             Persons
             Delinquent
             ,
             are
             also
             left
             to
             an
             indefinite
             Construction
             :
             For
             they
             are
             not
             onely
             Preachers
             in
             publique
             ,
             which
             might
             be
             an
             Order
             of
             Men
             ,
             within
             the
             Church
             Cognisance
             as
             things
             then
             stood
             ;
             in
             regard
             it
             was
             permitted
             to
             the
             Church
             ,
             to
             Authorize
             Men
             to
             preach
             ,
             but
             also
             their
             Factors
             ,
             and
             Abbettors
             ;
             words
             that
             might
             comprehend
             any
             other
             person
             whatsoever
             ,
             according
             to
             the
             passion
             or
             discretion
             of
             the
             Church-men
             .
          
           
             Thirdly
             ,
             the
             manner
             of
             this
             Inquisition
             must
             be
             according
             to
             the
             Canon
             ,
             and
             then
             the
             people
             are
             at
             the
             Church-mens
             mercy
             ,
             to
             returne
             Complaints
             against
             whom
             they
             please
             ,
             upon
             such
             Grounds
             as
             they
             shall
             thinke
             meet
             .
             The
             Persons
             that
             must
             make
             this
             Inquisition
             by
             this
             Law
             ,
             are
             
             the
             Ordinaries
             ,
             or
             any
             one
             of
             them
             ,
             and
             for
             ought
             appeares
             the
             same
             might
             be
             done
             ,
             
               by
               Pope
               ,
               Councell
               ,
               generall
               ,
               Nationall
               ,
               Provinciall
               ,
               Diocessan
               ,
               or
               their
               Delegates
               ,
               according
               to
               the
               Canon
            
             :
             Although
             the
             last
             president
             that
             I
             met
             with
             ,
             was
             executed
             by
             a
             Grand
             Councell
             of
             Lords
             ,
             and
             Prelates
             ,
             in
             the
             time
             of
             Henry
             the
             Second
             .
             But
             now
             the
             Clergy
             finding
             the
             Laity
             ,
             began
             to
             swell
             against
             the
             Canon
             ;
             they
             thought
             it
             high
             time
             to
             get
             the
             Civill
             Sword
             to
             joyne
             in
             the
             worke
             ,
             to
             be
             as
             their
             Hands
             to
             apprehend
             ,
             and
             Goalers
             to
             hold
             in
             Custody
             ,
             such
             as
             they
             should
             complain
             of
             ,
             without
             any
             other
             Legall
             Conviction
             ;
             although
             hereby
             ,
             they
             not
             onely
             disclaimed
             the
             exercising
             of
             their
             owne
             power
             of
             Imprisoning
             ,
             which
             they
             by
             the
             Canon
             formerly
             claimed
             to
             have
             in
             such
             Cases
             ;
             but
             also
             acknowledged
             to
             receive
             their
             power
             Judicatory
             in
             such
             Cases
             from
             the
             Parliament
             .
          
           
             Thus
             was
             this
             Ordinance
             levelled
             ,
             as
             I
             said
             ,
             but
             the
             shot
             fell
             short
             :
             For
             this
             Law
             attained
             no
             further
             perfection
             ,
             then
             a
             meere
             shape
             ,
             and
             was
             complained
             of
             by
             the
             Parliament
             ,
             within
             few
             moneths
             after
             its
             first
             noise
             ,
             that
             it
             was
             made
             and
             published
             without
             the
             Commons
             consent
             ,
             
             or
             knowledge
             ;
             and
             that
             the
             Nature
             thereof
             was
             directly
             contrary
             to
             the
             Liberties
             of
             the
             people
             ;
             and
             therefore
             they
             prayed
             that
             it
             might
             be
             repealed
             ,
             and
             the
             same
             was
             done
             accordingly
             ;
             although
             the
             times
             have
             been
             such
             as
             would
             not
             suffer
             the
             same
             to
             come
             into
             the
             publique
             Booke
             of
             Statutes
             in
             Print
             .
             But
             whether
             Statute
             or
             no
             Statute
             ,
             they
             tell
             the
             King
             plainly
             ,
             that
             they
             will
             not
             further
             be
             bound
             or
             justified
             by
             the
             Prelates
             ,
             then
             they
             ,
             or
             their
             Ancestours
             were
             anciently
             used
             to
             be
             ;
             and
             besides
             that
             ,
             they
             thought
             somewhat
             more
             ,
             which
             they
             laid
             up
             against
             future
             times
             ;
             nor
             was
             it
             long
             ere
             they
             discovered
             it
             .
             For
             a
             Subsidy
             being
             offered
             to
             the
             King
             by
             the
             Laity
             ,
             under
             a
             Proviso
             ,
             that
             the
             Clergy
             would
             grant
             a
             tenth
             ;
             the
             Clergy
             tooke
             this
             Articulating
             of
             the
             Commons
             in
             snuffe
             ,
             and
             protested
             that
             the
             Laity
             should
             not
             charge
             them
             .
             The
             Commons
             hereat
             begin
             to
             bid
             battell
             ,
             to
             the
             Temporalties
             of
             the
             Clergy
             ,
             and
             had
             not
             the
             King
             been
             a
             fast
             freind
             in
             good
             earnest
             unto
             the
             
             Clergy
             ,
             the
             Laity
             had
             won
             the
             Feild
             .
             Thus
             were
             these
             times
             like
             the
             motion
             of
             the
             Ballance
             unto
             the
             Churchmen
             ,
             sometimes
             up
             ,
             sometimes
             down
             ;
             getting
             somewhat
             which
             they
             formerly
             had
             not
             ,
             with
             lesse
             assurance
             in
             what
             they
             had
             .
          
        
         
           
             CAHP.
             VII
             .
             Concerning
             Trade
             .
          
           
             KINGS
             hitherto
             had
             lived
             upon
             the
             main
             stocke
             ,
             improving
             the
             same
             to
             the
             utmost
             penny
             :
             few
             of
             them
             laid
             up
             for
             the
             future
             ,
             much
             lesse
             indevoured
             to
             advance
             the
             principall
             for
             their
             successors
             .
          
           
             There
             had
             now
             beene
             ten
             Kings
             of
             this
             Nation
             since
             the
             Conquest
             ,
             all
             of
             them
             spending
             what
             they
             had
             ,
             or
             could
             get
             from
             the
             people
             ,
             in
             the
             maintenance
             of
             their
             Patrimony
             ,
             or
             their
             own
             Lusts
             :
             if
             any
             overplus
             was
             either
             gained
             by
             ,
             or
             saved
             from
             the
             game
             ,
             their
             Executors
             might
             be
             the
             better
             for
             it
             ,
             their
             Heires
             were
             not
             :
             but
             Edward
             the
             third
             had
             a
             new
             game
             to
             play
             ,
             he
             must
             gaine
             his
             right
             by
             his
             Sword
             ,
             or
             he
             must
             loose
             it
             ;
             his
             Spirit
             was
             too
             big
             to
             sit
             still
             and
             bear
             blows
             :
             and
             yet
             pre-advising
             himselfe
             about
             the
             poverty
             of
             the
             people
             ,
             and
             that
             their
             patience
             would
             be
             spent
             soone
             after
             their
             supplies
             ,
             if
             they
             continually
             saw
             much
             going
             out
             ,
             and
             nothing
             comming
             in
             ;
             he
             had
             a
             rule
             upon
             his
             private
             expences
             ,
             a
             good
             glosse
             upon
             the
             publique
             ,
             and
             a
             platforme
             for
             the
             augmenting
             of
             the
             treasure
             of
             the
             Kingdome
             ,
             as
             well
             for
             the
             benefit
             of
             the
             people
             ,
             as
             of
             the
             Crowne
             .
             In
             order
             to
             the
             first
             ,
             it
             is
             considerable
             ,
             that
             the
             Royal
             family
             was
             great
             and
             numerous
             above
             all
             his
             predecessors
             :
             that
             besides
             the
             King
             and
             Queene
             who
             were
             of
             a
             gallant
             and
             accomplisht
             deportment
             ,
             they
             had
             a
             son
             ,
             a
             Prince
             of
             as
             great
             renoune
             as
             ever
             Prince
             had
             ,
             and
             he
             also
             family
             sutable
             to
             his
             generosity
             :
             that
             they
             had
             other
             children
             ,
             every
             on
             like
             their
             Father
             ,
             both
             for
             Warr
             and
             Peace
             ;
             and
             that
             for
             the
             maintenance
             of
             all
             these
             ,
             the
             expences
             must
             be
             in
             reason
             larger
             then
             formerly
             they
             
             were
             wont
             to
             be
             ;
             neverthelesse
             ;
             because
             purveyance
             for
             the
             King
             had
             already
             swelled
             so
             big
             ,
             that
             all
             other
             oppressions
             seemed
             to
             be
             swallowed
             up
             into
             that
             one
             ,
             the
             King
             to
             moderate
             the
             rigor
             thereof
             made
             nigh
             twenty
             Statutes
             ,
             
             first
             excluding
             all
             servants
             at
             wages
             ;
             and
             Horses
             and
             Dogs
             which
             were
             put
             to
             board
             with
             the
             Sheriffs
             :
             then
             reducing
             the
             purveyance
             only
             to
             the
             families
             of
             himselfe
             ,
             his
             wife
             ,
             and
             children
             ,
             then
             to
             the
             families
             of
             himselfe
             ,
             the
             Queen
             ,
             and
             Prince
             :
             and
             in
             the
             levy
             hereof
             ,
             some
             mens
             estates
             were
             absolutely
             priviledged
             ,
             and
             some
             kind
             of
             goods
             ,
             as
             sheep
             before
             shearing
             ,
             
             and
             trees
             about
             the
             dwelling
             house
             .
             Nor
             is
             the
             settling
             of
             the
             manner
             lesse
             considerable
             .
             It
             must
             be
             levied
             by
             authority
             in
             writing
             under
             the
             seale
             :
             and
             it
             must
             not
             be
             taken
             against
             the
             owners
             will
             ,
             or
             upon
             malice
             ;
             nor
             must
             be
             spared
             for
             reward
             ;
             the
             price
             must
             be
             the
             same
             with
             the
             true
             Market
             price
             ;
             the
             measure
             according
             to
             the
             common
             measure
             stricked
             ,
             and
             the
             payment
             must
             be
             immediatly
             ,
             if
             the
             price
             be
             under
             twenty
             Shillings
             ,
             if
             above
             ,
             
             it
             must
             be
             made
             in
             a
             quarter
             of
             a
             year
             ,
             and
             no
             man
             must
             charge
             more
             carrige
             then
             is
             necessary
             ,
             and
             thus
             was
             this
             wild
             Ivie
             of
             purveyance
             that
             like
             some
             kinds
             of
             plants
             spreads
             over
             all
             ,
             by
             rooting
             up
             and
             cutting
             downe
             brought
             into
             some
             kind
             of
             fashion
             ,
             that
             if
             did
             no
             good
             it
             might
             do
             the
             lesse
             hurt
             unto
             the
             People
             .
          
           
             Secondly
             ,
             although
             it
             be
             true
             that
             Edward
             the
             third
             was
             a
             King
             of
             many
             taxes
             above
             all
             his
             predecessors
             ,
             yet
             cannot
             this
             be
             imputed
             as
             a
             blot
             to
             the
             honour
             of
             the
             Law
             ,
             or
             liberty
             of
             the
             people
             ;
             for
             the
             King
             was
             not
             so
             unwise
             as
             either
             to
             desire
             it
             without
             evident
             cause
             ,
             or
             to
             spend
             it
             in
             secret
             or
             upon
             his
             owne
             private
             interests
             ,
             nor
             so
             weak
             and
             irresolved
             as
             not
             to
             imploy
             himselfe
             and
             his
             Souldiers
             to
             the
             utmost
             to
             bring
             to
             passe
             his
             pretentions
             ,
             nor
             so
             unhappy
             as
             to
             faile
             of
             the
             desirable
             issue
             of
             what
             he
             took
             in
             hand
             :
             so
             as
             though
             the
             people
             parted
             with
             much
             money
             ,
             yet
             the
             Kingdome
             gained
             much
             honour
             and
             renoune
             ,
             and
             becomming
             a
             terror
             to
             their
             neighboures
             ,
             injoyed
             what
             they
             had
             in
             fuller
             security
             and
             so
             were
             no
             loosers
             by
             the
             bargaine
             in
             the
             conclusion
             .
             Secondly
             ,
             although
             they
             parted
             with
             much
             ,
             yet
             nothing
             to
             Prerogative
             
             but
             in
             a
             Parliamentary
             way
             ;
             and
             so
             it
             was
             not
             taken
             but
             given
             .
             Thirdly
             ,
             though
             the
             taxes
             were
             frequent
             ,
             yet
             but
             light
             ;
             for
             frequent
             light
             taxes
             steal
             insensibly
             without
             regret
             ,
             and
             as
             they
             grow
             into
             matters
             of
             course
             ,
             so
             they
             meete
             with
             acceptance
             of
             course
             .
             Two
             things
             made
             them
             of
             light
             account
             .
             First
             ,
             they
             were
             not
             taxes
             altogether
             of
             Money
             in
             kind
             ,
             but
             of
             goods
             ,
             such
             as
             the
             sheafe
             and
             fleece
             ,
             and
             such
             like
             things
             ,
             whereof
             the
             ownership
             is
             visible
             ,
             whereas
             many
             are
             supposed
             to
             have
             Money
             which
             have
             it
             not
             ,
             but
             must
             borrow
             it
             or
             sell
             their
             goods
             at
             an
             under
             rate
             many
             times
             to
             accomplish
             it
             for
             the
             payment
             of
             their
             Taxes
             .
             
             Secondly
             ,
             these
             Taxes
             were
             assessed
             by
             the
             Neighborhood
             ,
             and
             not
             upon
             extremity
             of
             Survey
             ,
             by
             Commissioners
             ,
             who
             many
             times
             are
             subject
             to
             miscarry
             upon
             grounds
             of
             private
             Interest
             ,
             or
             for
             want
             of
             due
             information
             ,
             or
             by
             making
             more
             haste
             then
             good
             speed
             .
          
           
             These
             Taxes
             likewise
             were
             reduced
             to
             the
             ancient
             rule
             ,
             according
             to
             the
             Statute
             of
             Westminster
             the
             first
             .
             And
             thus
             did
             this
             King
             shew
             himself
             truely
             Royall
             in
             demanding
             his
             Taxes
             upon
             evident
             grounds
             of
             State
             ,
             levying
             them
             with
             a
             tender
             hand
             ,
             
             and
             imploying
             them
             to
             their
             right
             end
             .
          
           
             Thirdly
             ,
             that
             which
             digested
             all
             ,
             and
             bred
             good
             blood
             ,
             was
             in
             that
             the
             people
             had
             
               quid
               pro
               quo
            
             ,
             by
             the
             advance
             of
             Trade
             ,
             wherein
             the
             King
             shewed
             himselfe
             the
             Cape
             Merchant
             of
             the
             World.
             Certainly
             ,
             mens
             parts
             in
             these
             times
             were
             of
             vast
             reach
             ,
             that
             could
             manage
             such
             Warres
             ,
             settle
             such
             a
             Government
             ,
             and
             lay
             such
             a
             foundation
             of
             a
             treasury
             by
             Trade
             ,
             a
             thing
             necessary
             to
             this
             Island
             ,
             next
             unto
             its
             owne
             being
             ,
             as
             may
             appear
             ,
             not
             onely
             in
             regard
             of
             the
             riches
             of
             this
             Nation
             ,
             but
             in
             regard
             of
             the
             strength
             thereof
             :
             And
             in
             regard
             of
             the
             maintenance
             of
             the
             Crowne
             ;
             the
             two
             later
             of
             which
             being
             no
             other
             then
             a
             naturall
             effluence
             of
             the
             former
             ,
             it
             will
             be
             sufficient
             to
             touch
             the
             same
             in
             order
             to
             the
             thing
             in
             hand
             .
             Now
             as
             touching
             that
             ,
             its
             evident
             that
             the
             riches
             of
             any
             Nation
             are
             supported
             by
             the
             Conjuncture
             of
             three
             regards
             .
          
           
             First
             ,
             that
             the
             naturall
             Commodities
             of
             the
             Nation
             may
             be
             improved
             .
          
           
           
             Secondly
             ,
             that
             the
             poorer
             sort
             of
             people
             ,
             be
             set
             a
             worke
             .
          
           
             Thirdly
             ,
             that
             the
             value
             of
             money
             be
             rightly
             ballanced
             .
          
           
             For
             as
             on
             the
             one
             part
             ,
             though
             the
             people
             be
             never
             so
             laborious
             ,
             if
             the
             naturall
             Commodities
             of
             the
             Island
             be
             not
             improved
             by
             their
             labour
             ,
             the
             people
             can
             never
             grow
             much
             richer
             ,
             then
             barely
             for
             subsistance
             during
             their
             labour
             :
             so
             neither
             can
             the
             improvement
             of
             the
             naturall
             Commodity
             inrich
             the
             Kingdome
             ,
             so
             long
             as
             many
             mouthes
             are
             fed
             upon
             the
             main
             stock
             ,
             and
             waste
             the
             same
             by
             idlenesse
             ,
             and
             prodigality
             :
             Nor
             though
             both
             these
             should
             concurre
             ,
             yet
             cannot
             the
             Kingdome
             be
             said
             truly
             to
             be
             rich
             ,
             unlesse
             by
             intercourse
             and
             traffique
             ,
             there
             be
             an
             emptying
             out
             of
             the
             superfluity
             of
             such
             Commodities
             by
             way
             of
             barter
             ,
             or
             otherwise
             .
             for
             such
             Forrain
             Commodities
             ,
             whereof
             this
             Nation
             standeth
             in
             most
             need
             ,
             for
             supply
             of
             all
             occasions
             .
             For
             God
             hath
             so
             attempered
             the
             whole
             Regiment
             of
             the
             earth
             ,
             in
             such
             manner
             ,
             that
             no
             one
             Nation
             under
             Heaven
             ,
             can
             well
             and
             comfortably
             subsist
             in
             ,
             and
             by
             it self
             ,
             but
             all
             must
             give
             and
             receive
             mutuall
             Commodity
             from
             each
             other
             :
             otherwise
             ,
             superfluity
             would
             make
             any
             Commodity
             (
             though
             in
             it self
             never
             so
             precious
             )
             vile
             ;
             and
             little
             conducible
             to
             the
             inriching
             of
             the
             Nation
             .
             Now
             for
             the
             compassing
             of
             all
             these
             ,
             the
             Wise
             men
             of
             these
             times
             ,
             first
             tooke
             into
             their
             consideration
             the
             principall
             Commodities
             of
             this
             Kingdome
             ,
             
             and
             because
             they
             found
             them
             impounded
             in
             the
             Staple
             ,
             they
             set
             all
             at
             liberty
             to
             buy
             and
             sell
             the
             same
             as
             they
             pleased
             :
             And
             thus
             began
             a
             Free
             Trade
             of
             Wooll
             ,
             throughout
             the
             Realme
             ▪
             and
             matter
             for
             imployment
             by
             every
             man
             that
             would
             :
             but
             this
             continued
             not
             long
             .
             The
             people
             soon
             had
             Commodity
             enough
             for
             work
             ,
             and
             Kings
             liked
             too
             well
             of
             the
             restraining
             of
             that
             liberty
             ,
             in
             order
             to
             their
             owne
             benefit
             ,
             and
             soon
             found
             out
             occasions
             to
             reconcile
             the
             reason
             of
             State
             with
             their
             own
             Interests
             ,
             and
             at
             length
             settled
             the
             Staple
             in
             certain
             places
             in
             severall
             parts
             of
             the
             Kingdome
             ;
             
             but
             this
             extended
             onely
             unto
             the
             Commodities
             of
             Wooll
             ,
             Leather
             ,
             and
             Lead
             ;
             for
             as
             yet
             the
             Manufactures
             were
             not
             come
             to
             Maturity
             .
             
             Secondly
             ,
             the
             indeavour
             was
             to
             advance
             Manufacture
             ,
             and
             principally
             such
             of
             them
             as
             are
             made
             of
             the
             Staple
             Commodities
             ,
             amongst
             all
             which
             ,
             Wooll
             had
             the
             precedency
             ,
             as
             being
             the
             most
             principall
             and
             ancient
             Commodity
             of
             the
             Kingdome
             ;
             and
             the
             Manufacture
             of
             Wooll
             of
             long
             use
             ,
             but
             had
             received
             little
             encouragement
             before
             these
             times
             .
             For
             that
             it
             formerly
             had
             been
             the
             principall
             flower
             in
             the
             Flemish
             Garden
             ,
             and
             nourished
             from
             this
             Nation
             ,
             by
             the
             continuall
             supply
             of
             Wooll
             that
             it
             received
             from
             hence
             ,
             which
             was
             the
             principall
             cause
             of
             the
             ancient
             League
             between
             the
             House
             of
             Burgundy
             ,
             and
             this
             Crowne
             .
             But
             Edward
             the
             Third
             ,
             was
             now
             too
             well
             acquainted
             with
             the
             Flemings
             Affaires
             ,
             by
             a
             joynt
             Engagement
             with
             them
             in
             the
             Wars
             with
             France
             ,
             and
             therein
             had
             gained
             so
             good
             an
             opinion
             amongst
             them
             ,
             that
             he
             might
             adventure
             to
             change
             a
             Complement
             for
             a
             Courtesie
             .
             The
             Staples
             beyond
             the
             Sea
             were
             now
             taken
             away
             ,
             he
             now
             inhibiteth
             the
             Importation
             of
             Forraine
             Cloathes
             ,
             and
             having
             gained
             these
             two
             steps
             onward
             his
             way
             ,
             he
             represents
             to
             the
             Flemings
             their
             unsettled
             Condition
             ,
             
             by
             these
             bordering
             Warres
             with
             France
             ,
             the
             peaceable
             Condition
             of
             England
             ,
             and
             Freedome
             of
             the
             People
             ;
             then
             propounds
             to
             them
             an
             Invitation
             to
             come
             over
             into
             England
             ,
             promiseth
             them
             share
             and
             share
             like
             with
             his
             own
             People
             ,
             with
             such
             other
             Immunities
             ,
             as
             they
             take
             his
             offer
             ,
             come
             over
             ,
             and
             brought
             their
             Manufacture
             with
             them
             ,
             which
             could
             never
             after
             be
             recalled
             :
             So
             as
             now
             the
             Wooll
             ,
             and
             Manufacture
             dwell
             together
             ,
             and
             like
             to
             Man
             and
             Wife
             ,
             so
             long
             as
             they
             care
             for
             one
             another
             ,
             both
             will
             thrive
             ,
             but
             if
             they
             come
             to
             play
             their
             games
             apart
             ;
             both
             will
             be
             loosers
             in
             the
             Conclusion
             .
          
           
             The
             third
             step
             to
             the
             advance
             of
             Trade
             ,
             was
             the
             Exportation
             of
             the
             surplusage
             of
             the
             Staple
             Commodities
             ,
             that
             remained
             over
             and
             besides
             that
             proportion
             that
             should
             suffice
             for
             the
             Manufactures
             ;
             to
             which
             end
             ,
             it
             was
             ordered
             ,
             that
             no
             Wooll
             should
             be
             Exported
             till
             it
             had
             remained
             at
             the
             Staple
             by
             the
             space
             of
             fifteen
             dayes
             .
             
             That
             time
             was
             necessary
             ,
             and
             longer
             time
             might
             have
             been
             Convenient
             ,
             but
             that
             the
             
             Markets
             beyond
             the
             Sea
             could
             not
             be
             delayed
             longer
             time
             ,
             without
             much
             damage
             to
             the
             Merchant
             and
             Owner
             ,
             for
             as
             much
             as
             Winter
             time
             is
             no
             time
             to
             prepare
             Wooll
             for
             the
             Manufacture
             ,
             and
             by
             over
             long
             continuance
             of
             the
             Commodity
             upon
             the
             hand
             of
             the
             Merchant
             ,
             or
             Owner
             ,
             both
             the
             Commodity
             ,
             and
             the
             Manufacture
             might
             surfet
             ,
             lye
             in
             dispaire
             ,
             and
             Trade
             choked
             thereby
             .
             For
             its
             a
             necessary
             preparative
             to
             Trade
             ,
             to
             keep
             the
             Nation
             in
             some
             kinde
             of
             hunger
             after
             the
             Staple
             Commodities
             ,
             so
             as
             the
             main
             stock
             be
             not
             too
             great
             to
             occupy
             ,
             and
             yet
             to
             leave
             enough
             to
             use
             .
             But
             because
             this
             Nation
             formerly
             had
             been
             ,
             and
             as
             yet
             were
             used
             too
             much
             to
             Forrain
             Manufactures
             ,
             the
             importing
             of
             which
             ,
             did
             debase
             the
             Home
             made
             Manufactures
             ,
             and
             discouraged
             that
             work
             ;
             therefore
             the
             Law
             was
             made
             to
             reduce
             the
             vanity
             of
             Apparrell
             ,
             (
             which
             infected
             these
             times
             )
             to
             more
             Sobriety
             .
          
           
             Some
             delight
             in
             Forrain
             Commodities
             ,
             and
             Manufactures
             ,
             is
             doubtlesse
             profitable
             both
             for
             Trade
             and
             Shipping
             ;
             so
             as
             what
             is
             Imported
             ,
             exceeds
             not
             what
             is
             Exported
             :
             for
             too
             much
             of
             that
             makes
             the
             Domestick
             Commodity
             contemptible
             ,
             the
             Nation
             poore
             ,
             and
             the
             People
             want
             work
             ,
             because
             its
             a
             noted
             vanity
             of
             this
             Nation
             ,
             That
             they
             love
             things
             far
             fetcht
             ,
             and
             dear
             bought
             .
             As
             a
             cure
             therefore
             to
             this
             disease
             ,
             
             English
             Cloath
             by
             Law
             is
             injoyned
             to
             be
             worn
             by
             all
             Persons
             ,
             
             under
             the
             Degree
             of
             a
             Lord
             ,
             and
             so
             the
             former
             Inhibition
             of
             Importation
             of
             Forrain
             Cloathes
             was
             strengthened
             thereby
             .
             And
             because
             the
             English
             Clothiers
             should
             not
             take
             advantage
             hereby
             ,
             to
             rais
             the
             price
             of
             their
             Cloathes
             to
             their
             own
             covetous
             pin
             :
             
             Therefore
             the
             Law
             also
             settled
             a
             certain
             price
             and
             measure
             ,
             &
             the
             same
             before
             sale
             was
             to
             be
             allowed
             upon
             view
             ,
             and
             for
             the
             goodnesse
             of
             the
             Cloathes
             ,
             and
             perfect
             working
             thereof
             ;
             Lawes
             were
             likewise
             made
             against
             Exportation
             of
             all
             such
             as
             were
             not
             perfectly
             made
             .
          
           
             A
             fourth
             step
             in
             the
             advancement
             of
             Trade
             ,
             was
             the
             compelling
             
             men
             to
             work
             ;
             for
             when
             publique
             imployment
             calls
             men
             forth
             for
             service
             in
             the
             Feild
             ;
             their
             minds
             once
             in
             Commotion
             ,
             or
             upon
             the
             Wing
             ,
             can
             hardly
             settle
             any
             where
             ,
             or
             
             stoop
             to
             the
             Perke
             again
             ,
             unlesse
             upon
             hope
             of
             prey
             or
             gain
             to
             be
             gotton
             thereby
             .
             Such
             were
             the
             times
             of
             Edward
             the
             Third
             ,
             wherein
             partly
             for
             that
             cause
             ,
             and
             partly
             for
             the
             scarcity
             of
             men
             left
             from
             the
             Sword
             and
             Pestilence
             ,
             not
             onely
             work-men
             were
             scarce
             and
             deare
             ,
             but
             even
             the
             Masse
             it self
             was
             grown
             stately
             ,
             the
             private
             delights
             of
             Kings
             and
             great
             Men
             ,
             and
             scarce
             vouchsafeing
             to
             be
             seen
             by
             common
             gaze
             ,
             but
             at
             a
             great
             distance
             :
             The
             Priests
             had
             little
             Charity
             ,
             and
             the
             Poore
             had
             as
             little
             money
             ;
             so
             as
             no
             penny
             ,
             no
             
               Pater
               Noster
            
             .
             A
             sick
             and
             very
             crazy
             time
             questionlesse
             was
             it
             ,
             when
             the
             Clergy
             were
             stately
             ,
             
             and
             the
             Poore
             idle
             .
             The
             Preists
             wages
             for
             this
             cause
             are
             now
             settled
             ,
             and
             they
             that
             would
             get
             much
             ,
             must
             get
             many
             littles
             ,
             and
             doe
             much
             :
             but
             the
             greater
             sore
             was
             amongst
             the
             poorer
             sort
             ;
             either
             they
             would
             not
             serve
             ,
             
             or
             at
             such
             wages
             ,
             as
             could
             not
             consist
             with
             the
             price
             of
             the
             Cloaths
             ,
             and
             the
             subsistance
             of
             the
             Clothier
             .
             Lawes
             therefore
             are
             made
             to
             compell
             them
             to
             work
             ,
             and
             to
             settle
             their
             wages
             ;
             so
             as
             now
             it
             s
             as
             beneficiall
             to
             them
             to
             serve
             the
             meaner
             sort
             of
             Clothiers
             ,
             as
             the
             richer
             sort
             :
             For
             the
             Master
             must
             give
             no
             more
             ,
             nor
             the
             Servant
             take
             more
             ,
             and
             thus
             became
             labour
             currant
             in
             all
             places
             .
          
           
             
             A
             fifth
             means
             to
             advance
             Trade
             ,
             was
             the
             setling
             of
             a
             Rule
             upon
             Exportation
             ,
             and
             Importation
             :
             this
             wrought
             a
             double
             effect
             ,
             Viz.
             The
             inriching
             of
             this
             Kingdome
             with
             Forrain
             Commodities
             ,
             and
             the
             maintaining
             of
             Shipping
             ,
             which
             was
             and
             is
             a
             principall
             means
             ,
             not
             onely
             of
             riches
             ,
             but
             of
             strength
             unto
             all
             Sea
             bordering
             Countries
             ,
             especially
             regard
             being
             had
             to
             these
             three
             Considerations
             .
          
           
             First
             ,
             that
             Importation
             do
             bring
             in
             more
             profit
             ,
             then
             Exportation
             disburseth
             .
          
           
             Secondly
             ,
             that
             both
             Exportation
             ,
             and
             Importation
             be
             made
             by
             Shipping
             belonging
             to
             this
             Nation
             ,
             fo
             farre
             as
             may
             consist
             with
             the
             benefit
             of
             this
             Nation
             .
          
           
             Thirdly
             ,
             that
             the
             Exportation
             be
             regulated
             to
             the
             overplus
             ,
             saving
             the
             main
             stock
             at
             home
             .
             The
             truth
             of
             the
             first
             will
             be
             evident
             from
             this
             ground
             ,
             That
             no
             Nation
             can
             be
             rich
             that
             receives
             more
             dead
             Commodities
             from
             abroad
             ,
             then
             
             it
             can
             spend
             at
             home
             ,
             or
             vend
             into
             Forrain
             parts
             ,
             especially
             if
             it
             be
             vended
             in
             its
             proper
             kinde
             ,
             and
             not
             in
             money
             ;
             
             and
             therefore
             the
             Lawes
             provided
             that
             no
             Merchant
             should
             Export
             more
             money
             then
             he
             Importeth
             ,
             and
             what
             he
             doth
             Export
             must
             be
             of
             the
             new
             stamp
             ,
             which
             it
             seemeth
             was
             inferiour
             in
             vallue
             to
             the
             old
             :
             yet
             the
             times
             may
             prove
             so
             penurious
             ,
             that
             this
             rule
             may
             be
             waved
             for
             a
             season
             .
          
           
             The
             second
             is
             no
             lesse
             beneficiall
             ;
             for
             as
             it
             is
             in
             Warre
             ,
             so
             in
             all
             Trades
             ;
             the
             greater
             the
             number
             is
             that
             is
             imployed
             ,
             the
             more
             effectuall
             the
             issue
             will
             be
             :
             and
             therefore
             though
             it
             in
             the
             generall
             be
             more
             beneficiall
             ,
             that
             all
             Exportation
             and
             Importation
             might
             be
             by
             our
             own
             shipping
             ;
             yet
             in
             regard
             times
             may
             be
             such
             ,
             as
             now
             they
             were
             ,
             that
             the
             shipping
             of
             this
             Nation
             ,
             is
             more
             then
             ordinarily
             imployed
             for
             the
             service
             of
             the
             State
             :
             And
             that
             every
             Nation
             striveth
             to
             have
             the
             benefit
             of
             Exportation
             by
             Vessels
             of
             their
             owne
             .
          
           
             And
             lastly
             ,
             in
             regard
             the
             case
             may
             be
             such
             ,
             as
             Importation
             may
             be
             ,
             at
             a
             cheaper
             rate
             by
             Forrain
             Vessels
             ,
             and
             Exportation
             likewise
             may
             for
             the
             time
             be
             more
             prejudiciall
             to
             this
             Nation
             ,
             if
             done
             by
             our
             own
             shipping
             ,
             then
             those
             of
             other
             Nations
             .
             Therefore
             the
             course
             must
             be
             changed
             ,
             so
             far
             forth
             as
             will
             stand
             with
             the
             occasions
             of
             the
             State
             ,
             and
             common
             profit
             of
             this
             Nation
             .
             And
             for
             these
             causes
             ,
             and
             such
             like
             ,
             
             in
             the
             times
             whereof
             we
             now
             Treat
             ,
             the
             Lawes
             often
             varied
             ;
             sometimes
             no
             Staple
             Commoditie
             must
             be
             Exported
             in
             English
             bottomes
             ;
             sometimes
             all
             must
             be
             done
             by
             them
             ,
             and
             within
             a
             yeare
             again
             that
             liberty
             was
             restrained
             ;
             and
             after
             that
             ,
             liberty
             given
             to
             Forrainers
             to
             Export
             as
             formerly
             .
          
           
             The
             third
             and
             last
             Consideration
             is
             as
             necessary
             as
             any
             of
             the
             former
             ;
             for
             if
             Trade
             be
             maintained
             out
             of
             the
             maine
             Stock
             the
             Kingdome
             in
             time
             must
             needs
             be
             brought
             to
             penury
             ,
             because
             it
             is
             their
             Magazine
             :
             
             and
             for
             this
             cause
             it
             was
             provided
             ,
             that
             all
             Wooll
             should
             remaine
             at
             the
             Staple
             15
             dayes
             ,
             to
             the
             end
             it
             might
             be
             for
             the
             Kingdomes
             use
             :
             if
             any
             one
             would
             buy
             ,
             they
             must
             doe
             it
             within
             that
             time
             ,
             otherwise
             it
             might
             be
             Exported
             .
          
           
           
             
             The
             sixth
             means
             of
             advancement
             of
             Trade
             ,
             was
             the
             settling
             of
             the
             Staple
             ;
             for
             as
             it
             was
             an
             incouragement
             to
             the
             first
             establishing
             of
             the
             Manufacture
             ,
             that
             the
             Staples
             were
             let
             loose
             ,
             so
             when
             the
             Manufactures
             had
             taken
             roote
             ,
             the
             Staple
             especially
             now
             fixed
             to
             places
             within
             this
             Kingdome
             ,
             brought
             much
             more
             incouragement
             thereto
             .
          
           
             First
             ,
             for
             preserving
             a
             full
             Market
             ,
             for
             whiles
             the
             Commodity
             lies
             scattered
             in
             all
             places
             ,
             the
             Market
             must
             needs
             be
             the
             leaner
             ;
             partly
             in
             regard
             the
             Commodity
             lies
             in
             obscurity
             ,
             and
             partly
             because
             when
             it
             is
             known
             where
             ,
             yet
             it
             s
             not
             easily
             discovered
             whether
             it
             be
             vendible
             or
             not
             ;
             and
             besides
             small
             parcells
             are
             not
             for
             every
             mans
             labour
             ,
             and
             the
             greater
             are
             not
             for
             every
             mans
             money
             .
          
           
             Secondly
             ,
             Staples
             are
             convenient
             for
             the
             stating
             of
             the
             generall
             price
             of
             the
             Commodities
             ;
             in
             regard
             the
             quantity
             of
             the
             Commodity
             is
             thereby
             the
             more
             easily
             discovered
             ,
             which
             commonly
             maketh
             the
             price
             .
             And
             the
             quantity
             of
             the
             Commodity
             thus
             discovered
             will
             not
             onely
             settle
             the
             price
             to
             it selfe
             ,
             but
             also
             ballance
             the
             price
             of
             the
             Manufacture
             .
          
           
             Thirdly
             ,
             the
             Staple
             having
             thus
             discovered
             the
             quantity
             of
             the
             Commodity
             ,
             will
             be
             a
             ready
             way
             to
             settle
             the
             quantity
             of
             the
             main
             Stock
             that
             must
             be
             preserved
             ,
             and
             regulate
             Exportation
             as
             touching
             the
             overplus
             .
             But
             it
             cannot
             be
             denied
             that
             the
             first
             and
             principall
             mover
             of
             the
             making
             of
             the
             Staple
             ,
             was
             the
             benefit
             of
             the
             Crown
             :
             for
             when
             the
             Commodity
             was
             gone
             beyond
             the
             Sea
             ,
             it
             importeth
             not
             to
             the
             Subjects
             in
             England
             ,
             whether
             the
             same
             be
             sold
             at
             one
             place
             ,
             or
             more
             ,
             or
             in
             what
             place
             the
             same
             be
             settled
             ,
             untill
             the
             Manufacture
             was
             grown
             to
             some
             stature
             ;
             and
             then
             the
             place
             became
             Litigious
             .
             The
             benefit
             of
             Exportation
             ,
             pretended
             much
             interest
             in
             the
             settling
             thereof
             beyond
             the
             Sea
             ,
             but
             in
             truth
             it
             was
             another
             matter
             of
             State
             ;
             for
             when
             it
             was
             beyond
             sea
             ,
             it
             was
             a
             moveable
             Engine
             to
             Convey
             the
             Kings
             pleasure
             or
             displeasure
             ,
             as
             the
             King
             pleased
             ;
             for
             it
             was
             a
             great
             benefit
             to
             the
             Countrey
             ,
             or
             place
             where
             ever
             it
             settled
             ;
             or
             else
             it
             moved
             or
             stayed
             according
             to
             the
             inclination
             of
             the
             people
             where
             it
             was
             ,
             either
             for
             Warre
             ,
             or
             Peace
             .
             But
             on
             
             the
             contrary
             ,
             the
             Interest
             of
             the
             People
             began
             to
             interpose
             strongly
             :
             and
             for
             these
             Causes
             the
             Parliament
             likewise
             intermed●ed
             in
             the
             place
             ;
             and
             thus
             the
             Scene
             is
             altered
             :
             some
             times
             it
             s
             beyond
             the
             Seas
             ,
             in
             one
             place
             ,
             or
             in
             another
             :
             sometimes
             in
             England
             .
             In
             Edward
             the
             Thirds
             time
             ,
             
             we
             finde
             it
             sometimes
             at
             Calis
             ,
             sometimes
             in
             England
             ,
             :
             In
             Richard
             the
             Seconds
             time
             ;
             we
             finde
             it
             again
             beyond
             the
             Seas
             ,
             at
             Middleburgh
             ,
             thence
             removed
             to
             Calis
             ,
             and
             after
             into
             England
             :
             where
             at
             length
             the
             People
             understood
             themselves
             so
             well
             ,
             that
             the
             Parliament
             settled
             the
             same
             ,
             it
             being
             found
             to
             burdensome
             for
             the
             Manufactures
             to
             travell
             t●
             the
             Staple
             beyond
             the
             Seas
             ,
             for
             the
             Commodity
             that
             grew
             at
             their
             owne
             doores
             ,
             besides
             the
             inhancing
             of
             the
             price
             ,
             by
             reason
             of
             the
             carriage
             ,
             which
             falling
             also
             upon
             the
             Manufactures
             ,
             must
             needs
             tend
             to
             the
             damage
             of
             the
             whole
             Kingdome
             .
             This
             was
             one
             way
             indeed
             ,
             and
             yet
             possibly
             another
             might
             have
             been
             found
             ;
             for
             if
             a
             Computation
             had
             been
             made
             of
             the
             main
             Stock
             ,
             and
             a
             Staple
             settled
             within
             the
             Kingdom
             for
             that
             ,
             and
             the
             overplus
             exported
             to
             a
             Staple
             beyond
             the
             Sea
             ,
             it
             might
             have
             proved
             no
             lesse
             commodious
             ,
             and
             more
             complying
             .
             It
             is
             very
             true
             ,
             that
             there
             are
             many
             that
             call
             for
             the
             liberty
             of
             the
             People
             ,
             that
             every
             man
             may
             sell
             his
             own
             Commodity
             as
             he
             pleases
             ;
             and
             it
             were
             well
             that
             men
             would
             consider
             themselves
             as
             well
             in
             their
             Relations
             ,
             as
             in
             their
             own
             Personall
             respects
             :
             for
             if
             every
             man
             were
             independent
             ,
             his
             liberty
             would
             be
             in
             like
             manner
             independent
             ;
             but
             so
             long
             as
             any
             man
             is
             a
             Member
             of
             a
             Common-wealth
             ,
             his
             liberty
             must
             likewise
             depend
             upon
             the
             good
             of
             the
             Common-wealth
             ;
             and
             if
             it
             be
             not
             good
             for
             the
             Nation
             ,
             that
             every
             man
             should
             sell
             his
             owne
             Commodity
             as
             he
             pleaseth
             ;
             he
             may
             claim
             the
             liberty
             as
             a
             Free
             man
             but
             not
             as
             an
             English
             man
             ;
             nor
             is
             that
             liberty
             just
             ,
             so
             long
             as
             his
             Countrey
             hath
             an
             interest
             in
             his
             Commodity
             for
             its
             safety
             and
             welfare
             ,
             as
             in
             his
             own
             person
             .
             I
             doe
             not
             assert
             the
             manner
             of
             buying
             the
             Staple
             Commodities
             ,
             by
             Merchants
             of
             the
             Staple
             ,
             to
             sell
             the
             same
             again
             in
             kinde
             ,
             for
             their
             private
             advantage
             ;
             divers
             limitations
             must
             concur
             to
             save
             it
             from
             an
             unlawfull
             ingrossing
             ;
             nor
             doth
             it
             appear
             to
             
             me
             that
             the
             Staplers
             in
             these
             times
             used
             such
             course
             ,
             or
             were
             other
             then
             meer
             Officers
             for
             the
             regulating
             of
             the
             Staple
             ,
             in
             nature
             of
             a
             Court
             of
             Piepouders
             ,
             belonging
             to
             some
             Faire
             or
             Market
             .
             Neverthelesse
             ,
             I
             conjecture
             that
             it
             may
             well
             be
             made
             evident
             from
             Principles
             of
             State
             ,
             that
             Mart
             ,
             Markets
             ,
             and
             Staples
             of
             Commodities
             ,
             that
             are
             of
             the
             proper
             Ofspring
             of
             this
             Nation
             ,
             are
             as
             necessary
             to
             Trade
             ,
             as
             Conduits
             are
             to
             places
             that
             want
             water
             .
          
           
             
             The
             seventh
             and
             last
             means
             that
             was
             set
             on
             foot
             in
             these
             times
             ;
             for
             the
             advance
             of
             Trade
             ,
             was
             the
             regulating
             of
             the
             Mint
             ,
             and
             the
             current
             of
             Money
             .
             This
             is
             the
             life
             and
             soule
             of
             Trade
             ,
             for
             though
             exchange
             of
             Commodities
             may
             doe
             much
             ,
             yet
             it
             cannot
             be
             for
             all
             ,
             because
             it
             is
             not
             the
             lot
             of
             all
             to
             have
             exchangeable
             Commodities
             ,
             nor
             to
             work
             for
             Apparell
             ,
             and
             Victuall
             .
             Now
             in
             the
             managing
             of
             this
             tricke
             of
             Money
             ,
             two
             things
             are
             principally
             looked
             unto
             ;
             First
             ,
             that
             the
             Money
             be
             good
             and
             currant
             .
             Secondly
             ,
             that
             it
             should
             be
             plentifull
             .
             
             As
             touching
             the
             excellency
             of
             the
             Money
             ,
             severall
             Rules
             were
             made
             ,
             as
             against
             imbasing
             of
             Money
             ,
             against
             Forrain
             Money
             not
             made
             currant
             ,
             against
             counterfeit
             and
             false
             Money
             :
             For
             according
             to
             the
             goodnesse
             of
             the
             Money
             ,
             so
             will
             the
             Trade
             be
             more
             or
             lesse
             ,
             for
             the
             Merchant
             will
             rather
             loose
             in
             the
             price
             of
             his
             Commodity
             in
             Money
             ,
             then
             in
             exchange
             for
             other
             Commodity
             ,
             because
             the
             vallue
             thereof
             is
             lesse
             certain
             ,
             and
             the
             Transportation
             more
             chargeable
             .
          
           
             Secondly
             ,
             as
             touching
             the
             plentie
             of
             Money
             ,
             that
             is
             as
             necessary
             to
             the
             advance
             of
             the
             Trade
             ,
             as
             of
             the
             goodness
             of
             it
             :
             for
             according
             to
             the
             plenty
             thereof
             ,
             will
             be
             the
             plenty
             of
             the
             Manufactures
             ,
             because
             Handy-crafts
             men
             having
             no
             Commodities
             but
             their
             labour
             ,
             cannot
             work
             for
             exchange
             ,
             nor
             can
             exchange
             supply
             Rents
             and
             maintenance
             to
             the
             greater
             sort
             of
             people
             .
             
             To
             this
             end
             therefore
             it
             is
             provided
             against
             melting
             of
             Money
             ,
             and
             Exportation
             of
             Silver
             and
             Gold
             :
             And
             yet
             to
             incourage
             or
             not
             discourage
             Importation
             of
             Silver
             and
             Gold
             ,
             liberty
             was
             given
             to
             every
             man
             to
             Export
             so
             much
             as
             they
             did
             Import
             ,
             provided
             that
             what
             they
             carry
             away
             ,
             must
             be
             of
             the
             new
             stamp
             ,
             or
             Minted
             in
             this
             Nation
             .
             
             By
             this
             means
             Bullion
             came
             in
             with
             probability
             ,
             
             that
             much
             thereof
             would
             remain
             in
             the
             Nation
             in
             liew
             of
             Commodities
             exported
             ,
             or
             if
             not
             ,
             the
             greater
             part
             ;
             yet
             at
             least
             the
             Mint
             gained
             ,
             and
             that
             was
             some
             benefit
             to
             the
             Nation
             .
          
           
             Thirdly
             ,
             for
             the
             fuller
             currence
             of
             the
             Money
             ,
             the
             Mint
             was
             established
             in
             severall
             parts
             of
             this
             Kingdome
             ,
             according
             to
             the
             ancient
             custome
             ,
             and
             this
             was
             advantageous
             both
             to
             the
             Mint
             ,
             and
             to
             the
             stocke
             of
             Money
             in
             the
             Kingdome
             .
             This
             establishment
             was
             with
             this
             difference
             ,
             
             that
             though
             the
             Mint
             was
             settled
             by
             the
             Parliament
             ,
             yet
             the
             Exchange
             was
             left
             to
             the
             Directory
             of
             the
             King
             and
             his
             Councell
             ;
             
             because
             the
             Exchange
             is
             an
             uncertain
             thing
             ,
             subject
             to
             sudden
             alteration
             in
             other
             Nations
             ,
             and
             its
             necessary
             that
             in
             this
             Countrey
             ,
             it
             be
             as
             suddenly
             ballanced
             ,
             with
             the
             Exchange
             in
             other
             Countreyes
             ,
             or
             in
             a
             short
             time
             ,
             the
             Nation
             may
             receive
             extreame
             damage
             .
             In
             regard
             whereof
             ,
             and
             many
             other
             sudden
             exigencies
             in
             Trade
             ,
             it
             seemeth
             to
             me
             convenient
             ,
             That
             a
             particular
             Councell
             were
             established
             for
             continuall
             influence
             into
             all
             parts
             of
             these
             Dominions
             ,
             to
             take
             into
             consideration
             the
             quantity
             of
             the
             Staple
             Commodities
             ,
             necessary
             to
             be
             retained
             as
             a
             Stock
             at
             home
             ,
             for
             the
             use
             of
             the
             People
             ,
             and
             the
             Manufactures
             ;
             and
             accordingly
             to
             ballance
             the
             Trade
             of
             Exportation
             and
             Importation
             ;
             by
             opening
             ,
             and
             inlarging
             ,
             or
             shutting
             ,
             and
             straitning
             the
             Streame
             ,
             as
             occasion
             doth
             require
             .
          
           
             And
             lastly
             ,
             to
             watch
             the
             course
             of
             the
             Exchange
             in
             Forrain
             Parts
             ,
             and
             to
             parallell
             the
             course
             thereof
             ,
             in
             this
             Land
             thereto
             :
             For
             otherwise
             ,
             the
             Publique
             must
             necessarily
             suffer
             so
             long
             ,
             as
             Private
             men
             seeke
             their
             own
             particular
             interests
             ,
             onely
             in
             their
             course
             of
             Trade
             .
          
        
         
           
           
             CHAP.
             VIII
             .
             Of
             Legiance
             ,
             and
             Treason
             ,
             with
             some
             Considerations
             upon
             Calvins
             Case
             .
          
           
             AS
             times
             change
             manners
             ,
             so
             doe
             manners
             change
             Lawes
             :
             For
             it
             s
             the
             wisedome
             of
             a
             State
             ,
             when
             it
             cannot
             over-rule
             occasion
             to
             pursue
             and
             turn
             it
             to
             the
             best
             issue
             it
             can
             .
             Multitude
             of
             Lawes
             therefore
             are
             not
             so
             much
             a
             sore
             to
             the
             People
             ,
             as
             a
             Symptome
             of
             a
             sore
             People
             ;
             yet
             many
             times
             Lawes
             are
             said
             to
             be
             many
             ,
             when
             as
             they
             are
             but
             one
             ,
             branched
             into
             many
             Particulars
             ,
             for
             the
             clearing
             of
             the
             Peoples
             understanding
             ,
             (
             who
             usually
             are
             not
             excellent
             in
             distinguishing
             ,
             )
             and
             so
             becomes
             as
             new
             Plaisters
             made
             of
             an
             old
             Salve
             ,
             for
             sores
             that
             never
             brake
             out
             before
             .
             Such
             sore
             times
             were
             these
             ,
             whereof
             we
             now
             Treate
             ,
             wherein
             every
             touch
             made
             a
             wound
             ,
             and
             every
             wound
             went
             to
             the
             heart
             ,
             and
             made
             the
             Category
             of
             Treason
             swell
             to
             that
             bignesse
             ,
             that
             it
             became
             an
             
               individuum
               vagum
            
             ,
             beyond
             all
             rule
             ,
             but
             the
             present
             sence
             of
             timerous
             Judges
             ,
             and
             a
             touchy
             King.
             Thus
             were
             many
             of
             the
             ignorant
             and
             wel
             meaning
             people
             in
             an
             hideous
             danger
             of
             the
             gulfe
             of
             forfeiture
             before
             they
             found
             themselves
             nigh
             the
             brimme
             .
          
           
             All
             men
             do
             agree
             that
             treason
             is
             a
             wound
             of
             Majesty
             ,
             but
             all
             the
             doubt
             is
             ,
             where
             this
             Majesty
             resteth
             originally
             ,
             and
             what
             is
             that
             legiance
             which
             is
             due
             therto
             ,
             the
             breach
             whereof
             amounteth
             to
             so
             high
             a
             censure
             ;
             for
             some
             men
             place
             all
             Majesty
             in
             one
             man
             ,
             whom
             they
             call
             an
             absolute
             Monarch
             .
             Others
             in
             the
             great
             men
             ,
             and
             others
             in
             the
             people
             ,
             and
             some
             in
             the
             concurrence
             of
             the
             King
             and
             body
             of
             the
             people
             :
             and
             it
             is
             a
             wild
             way
             to
             determine
             all
             in
             one
             conclusion
             ,
             when
             as
             the
             same
             dependeth
             wholy
             upon
             the
             constitution
             of
             the
             body
             ;
             looke
             then
             upon
             England
             in
             the
             last
             posture
             ,
             as
             the
             rigider
             sort
             of
             monarchiall
             polititians
             do
             ,
             and
             Majesty
             will
             never
             be
             in
             glory
             ,
             but
             in
             the
             concurrence
             of
             the
             King
             and
             Parliament
             ,
             
             or
             convention
             of
             Estates
             ,
             &
             so
             upon
             the
             whol
             account
             it
             wil
             be
             upon
             the
             people
             ,
             whose
             welfare
             is
             the
             supream
             Law.
             Rome
             had
             Kings
             ,
             Consuls
             ,
             Dictators
             ,
             Decemviri
             ,
             and
             Tribunes
             long
             before
             the
             Orators
             time
             ,
             and
             he
             saw
             the
             foundation
             of
             an
             Empire
             ,
             or
             perpetuall
             Dictatorship
             in
             the
             person
             of
             the
             first
             of
             the
             Caesars
             ;
             any
             of
             all
             which
             might
             have
             challenged
             the
             supremacy
             of
             Majesty
             above
             the
             people
             :
             and
             yet
             the
             often
             change
             of
             Government
             shewed
             plainly
             that
             it
             rested
             upon
             another
             pinne
             ;
             and
             the
             Orator
             in
             expresse
             words
             no
             lesse
             ;
             when
             speaking
             of
             the
             Majesty
             of
             that
             Government
             ,
             he
             allotteth
             it
             not
             to
             those
             in
             cheife
             command
             ,
             but
             defineth
             it
             to
             be
             ,
             
               magnitudo
               populi
               Romani
            
             ;
             
             afterwards
             when
             the
             pride
             of
             the
             Emperors
             was
             come
             to
             its
             ful
             pitch
             in
             the
             times
             of
             Augustus
             &
             Tiberius
             ;
             an
             Historian
             of
             those
             times
             in
             the
             life
             of
             Tiberius
             tels
             us
             ,
             that
             he
             declared
             the
             bounds
             of
             Treason
             to
             be
             determined
             in
             three
             particular
             instances
             ,
             of
             treachery
             against
             the
             Army
             ;
             Sedition
             amongst
             the
             people
             ,
             and
             violating
             the
             Majesty
             of
             the
             People
             of
             Rome
             ;
             in
             al
             which
             men
             were
             not
             punishable
             for
             words
             ,
             but
             actions
             and
             indeavors
             .
             I
             do
             not
             herein
             propound
             the
             Government
             of
             the
             Roman
             Empire
             as
             a
             modell
             for
             England
             ,
             but
             
               à
               majori
            
             ,
             may
             conclude
             ,
             
             that
             if
             the
             proper
             seat
             of
             Majesty
             was
             in
             the
             people
             of
             Rome
             when
             Emperours
             were
             in
             their
             fullest
             glory
             ,
             it
             s
             no
             defacing
             of
             Majesty
             in
             England
             to
             seat
             it
             upon
             the
             whole
             body
             ,
             from
             whom
             the
             same
             is
             contracted
             in
             the
             representative
             and
             so
             much
             thereof
             divided
             unto
             the
             person
             of
             the
             King
             ,
             as
             any
             one
             member
             is
             capable
             of
             ,
             according
             to
             the
             work
             allotted
             unto
             him
             .
             These
             severall
             seats
             of
             Majesty
             making
             also
             so
             many
             degrees
             do
             also
             imply
             as
             many
             degrees
             of
             wounding
             ,
             for
             it
             s
             writen
             in
             nature
             ,
             that
             the
             offence
             tending
             to
             the
             immediate
             destruction
             of
             the
             whol
             body
             is
             greater
             then
             that
             which
             destroyeth
             any
             one
             member
             only
             ,
             and
             when
             the
             written
             Law
             maketh
             it
             treason
             to
             compasse
             the
             destruction
             of
             the
             Kings
             Person
             ,
             it
             leaveth
             it
             obvious
             to
             common
             sense
             ,
             that
             its
             a
             higher
             degree
             of
             Treason
             to
             compasse
             the
             destruction
             of
             the
             representative
             ,
             and
             above
             all
             ,
             to
             destroy
             the
             whole
             body
             of
             the
             People
             ;
             crimes
             that
             never
             entred
             into
             the
             conceit
             of
             wickednesse
             it
             
             selfe
             in
             those
             more
             innocent
             times
             ;
             much
             lesse
             saw
             they
             any
             cause
             to
             mention
             the
             penalty
             by
             any
             written
             Law.
             Neverthelesse
             because
             many
             sadd
             examples
             had
             accurred
             within
             the
             memory
             of
             this
             present
             age
             ,
             of
             the
             danger
             of
             the
             person
             and
             honor
             of
             Kings
             ;
             and
             yet
             on
             the
             otherside
             they
             saw
             that
             in
             such
             cases
             of
             Treason
             the
             Kings
             honor
             was
             made
             of
             retching
             leather
             ,
             and
             might
             easily
             be
             strained
             within
             the
             compasse
             of
             a
             wound
             of
             Majesty
             :
             therefore
             Edward
             the
             third
             imitating
             Tiberius
             ,
             reduced
             the
             crime
             of
             wound
             of
             Majesty
             in
             the
             Person
             of
             the
             King
             ,
             into
             certaine
             particular
             instances
             ,
             out
             of
             the
             compasse
             whereof
             ,
             the
             Judges
             of
             the
             Law
             in
             ordinary
             course
             must
             not
             determine
             Treason
             .
             These
             concerne
             either
             the
             safety
             of
             the
             Person
             of
             the
             King
             ,
             or
             of
             the
             succession
             in
             the
             Royall
             Throne
             ;
             
             or
             lastly
             ,
             the
             safegard
             of
             the
             publique
             right
             by
             the
             board
             and
             privy
             seale
             ,
             the
             vallue
             of
             Mony
             ,
             and
             by
             persons
             in
             matters
             of
             judicature
             judicially
             presiding
             ,
             all
             of
             them
             reflecting
             upon
             the
             King
             ,
             considered
             in
             his
             politick
             capacity
             ;
             for
             otherwise
             many
             crimes
             might
             have
             beene
             mentioned
             ,
             more
             fatally
             reflecting
             upon
             the
             King
             in
             his
             naturall
             capacity
             ,
             which
             nevertheless
             are
             omitted
             as
             not
             worthy
             of
             so
             high
             a
             censure
             .
             
             Other
             Treasons
             are
             left
             to
             the
             determination
             of
             the
             Parliament
             as
             occasion
             should
             offer
             it selfe
             ,
             whereof
             divers
             examples
             of
             a
             new
             stamp
             accurred
             within
             forty
             yeares
             next
             ensuing
             ,
             which
             were
             of
             a
             temporary
             regard
             ,
             and
             lived
             and
             died
             with
             the
             times
             .
          
           
             To
             these
             two
             notions
             of
             Majesty
             and
             treason
             ,
             I
             must
             add
             a
             third
             ,
             called
             Legiance
             ,
             for
             it
             is
             that
             which
             maketh
             Majesty
             to
             be
             such
             indeed
             ,
             and
             lifteth
             it
             into
             the
             Throne
             ,
             and
             whereof
             the
             highest
             breach
             makes
             Treason
             :
             and
             because
             that
             which
             hath
             been
             already
             sayd
             reflecteth
             upon
             an
             opinion
             ,
             or
             rather
             a
             knot
             of
             opinions
             (
             for
             I
             find
             them
             not
             punctually
             adjudged
             )
             in
             Calvins
             case
             ,
             I
             must
             a
             little
             demur
             to
             them
             ,
             because
             as
             their
             sense
             is
             commonly
             taken
             ;
             it
             alters
             the
             fundamental
             nature
             of
             the
             Government
             of
             this
             nation
             from
             a
             commonweal
             to
             a
             pure
             Monarchy
             .
             In
             handling
             of
             this
             case
             the
             ho.
             Reporter
             took
             leave
             to
             range
             into
             a
             generall
             discourse
             of
             legiance
             ,
             although
             not
             directly
             within
             the
             conclusion
             of
             the
             
             case
             ;
             and
             therin
             first
             sets
             down
             the
             general
             nature
             therof
             ,
             that
             it
             is
             a
             mutual
             bond
             between
             an
             English
             King
             and
             his
             people
             ;
             and
             then
             more
             particularly
             sets
             forth
             the
             nature
             of
             this
             bond
             in
             the
             severall
             duties
             of
             obedience
             and
             fealty
             ,
             fo
             .
             5.
             a.
             and
             those
             also
             in
             their
             severall
             properties
             ,
             Viz.
             naturall
             ,
             absolute
             ,
             fo
             .
             7.
             a.
             due
             to
             the
             King
             ,
             
               omni
               soli
               &
               semper
            
             ,
             fo
             .
             12.
             a.
             in
             his
             naturall
             and
             not
             politick
             capacity
             ,
             fo
             .
             10.
             a.
             whereas
             he
             saith
             ,
             this
             bond
             is
             natural
             ,
             he
             meaneth
             that
             its
             due
             by
             birth
             ,
             fo
             .
             7.
             a.
             By
             absolute
             (
             if
             I
             mistake
             him
             not
             )
             he
             meaneth
             ,
             that
             it
             is
             indefinite
             ,
             fo
             .
             5.
             b.
             Viz.
             not
             circumscribed
             by
             Law
             ,
             but
             above
             Law
             ,
             and
             before
             Law
             ,
             fo
             .
             13.
             a.
             and
             that
             Laws
             were
             after
             made
             to
             inforce
             the
             same
             by
             penalties
             ,
             fo
             .
             13.
             b.
             and
             therefore
             he
             concludeth
             that
             this
             legiance
             is
             immutable
             ,
             fo
             .
             13.
             b.
             and
             fo
             .
             14.
             a.
             
          
           
             Thus
             having
             stated
             the
             point
             as
             truely
             as
             I
             can
             ,
             both
             for
             the
             nature
             of
             legiance
             ,
             and
             the
             object
             thereof
             ,
             Viz.
             the
             King
             ,
             and
             not
             the
             people
             ,
             otherwise
             then
             in
             order
             to
             the
             safety
             and
             honor
             of
             the
             Kings
             Person
             ,
             considered
             in
             his
             naturall
             capacity
             as
             he
             is
             a
             man
             ;
             I
             shall
             in
             the
             next
             place
             examine
             the
             grounds
             as
             they
             are
             severally
             set
             down
             ,
             and
             therein
             shall
             lead
             the
             Reader
             no
             further
             then
             the
             Reporters
             owne
             concessions
             .
             Not
             troubling
             the
             Reader
             with
             any
             doubt
             ,
             whether
             this
             bond
             consists
             in
             obedience
             only
             ,
             or
             in
             that
             fealty
             :
             and
             in
             all
             shall
             ever
             be
             mindfull
             of
             the
             honour
             of
             that
             Pen
             with
             which
             I
             have
             to
             deale
             .
          
           
             First
             ,
             whereas
             it
             is
             said
             ,
             that
             English
             legiance
             is
             naturall
             ,
             and
             grounded
             upon
             the
             birth
             of
             each
             party
             within
             the
             Kings
             dominions
             and
             protection
             ,
             it
             needeth
             no
             debate
             ,
             so
             as
             the
             same
             be
             taken
             ,
             
               sano
               sensu
               ,
               Viz.
            
             for
             a
             qualified
             legiance
             beared
             of
             those
             sublimities
             of
             absolute
             ,
             indefinite
             ,
             immutable
             ,
             &c.
             for
             otherwise
             if
             such
             a
             high
             strain
             of
             legiance
             be
             due
             from
             every
             English
             man
             by
             birth
             ;
             then
             all
             the
             
               Magna
               carta
            
             ,
             or
             laws
             concerning
             the
             liberties
             of
             the
             People
             come
             too
             late
             to
             qualifie
             the
             same
             ,
             because
             they
             cannot
             take
             away
             the
             Law
             of
             nature
             ,
             f.
             14.
             a.
             and
             thus
             the
             party
             once
             born
             English
             must
             for
             ever
             remain
             absolutely
             obleiged
             to
             the
             King
             of
             England
             although
             haply
             he
             lives
             not
             two
             Months
             under
             his
             protection
             all
             his
             ensuing
             life
             time
             .
          
           
           
             Secondly
             ,
             the
             legiance
             of
             an
             English
             man
             to
             his
             King
             ariseth
             from
             that
             civil
             relation
             between
             the
             two
             callings
             of
             King
             and
             subject
             ,
             and
             therefore
             it
             is
             not
             a
             naturall
             bond
             which
             cannot
             be
             taken
             away
             .
             The
             first
             is
             true
             by
             the
             Reporters
             owne
             concessions
             ;
             
               Protectio
               trahit
               subjectionem
               ,
               &
               subjecti
               oprotectionem
            
             ;
             so
             he
             saith
             ,
             fo
             .
             5.
             
               a.
               fo
            
             .
             9.
             b.
             and
             therefore
             though
             it
             be
             granted
             that
             Magistracy
             in
             general
             is
             from
             nature
             ,
             as
             he
             saith
             ,
             fo
             .
             13.
             a.
             yet
             of
             weak
             birth
             is
             that
             inference
             which
             he
             maketh
             ,
             Viz.
             That
             English
             allegiance
             is
             a
             principle
             in
             nature
             .
             Unlesse
             it
             be
             also
             admitted
             that
             all
             men
             on
             earth
             that
             submit
             not
             to
             English
             legiance
             do
             sinne
             against
             nature
             .
             The
             difference
             then
             will
             stand
             thus
             ,
             Magistracy
             is
             founded
             in
             nature
             ,
             therefore
             legiance
             also
             .
             But
             English
             Magistracy
             is
             from
             civil
             constitution
             ,
             therefore
             is
             English
             legiance
             of
             the
             like
             nature
             .
             In
             the
             next
             place
             ,
             the
             Reporter
             saith
             ,
             that
             before
             any
             municiple
             Law
             was
             made
             ,
             Kings
             did
             
               dare
               jura
            
             ,
             and
             he
             mounts
             as
             high
             for
             an
             example
             as
             the
             Trojans
             age
             by
             the
             testimony
             of
             Virgil
             :
             but
             I
             beleeve
             he
             intended
             not
             much
             strength
             in
             this
             ,
             seeing
             its
             wel
             known
             by
             any
             that
             knows
             the
             scriptures
             ,
             that
             there
             were
             municipal
             laws
             given
             ,
             and
             that
             concerning
             the
             office
             of
             a
             King
             by
             Moses
             ,
             which
             was
             more
             ancient
             then
             those
             of
             Troy
             ,
             and
             long
             before
             the
             time
             of
             Virgil
             ,
             who
             neither
             tels
             us
             in
             what
             manner
             those
             Trojan
             Laws
             were
             made
             ,
             though
             the
             Kings
             gave
             them
             ,
             nor
             if
             al
             were
             according
             to
             the
             Reporters
             sense
             is
             the
             testimony
             of
             a
             Poet
             (
             who
             somtimes
             useth
             his
             
               poetica
               licentia
            
             )
             to
             be
             taken
             in
             terminis
             ,
             in
             the
             next
             place
             ,
             the
             Reporter
             vouches
             the
             testimony
             of
             
               Fortescue
               ,
               c.
            
             12
             &
             13.
             which
             is
             as
             absolutely
             opposite
             to
             the
             maine
             point
             in
             hand
             ,
             as
             any
             Penn
             can
             declare
             ▪
             for
             he
             tels
             us
             of
             divers
             sorts
             of
             Kingdomes
             ,
             some
             gotten
             by
             conquest
             ,
             as
             those
             of
             Nimrod
             and
             Belus
             ,
             &c.
             
             But
             saith
             he
             ,
             there
             is
             a
             Kingdome
             politick
             ,
             which
             is
             by
             the
             association
             o●
             men
             by
             consent
             of
             Law
             ,
             making
             one
             cheife
             ,
             who
             is
             made
             for
             defence
             of
             Law
             ,
             and
             of
             his
             subjects
             bodies
             and
             Estates
             ,
             and
             he
             cannot
             govern
             by
             any
             other
             power
             ,
             and
             of
             this
             nature
             ,
             saith
             he
             ,
             the
             Kingdome
             of
             England
             is
             ,
             fo
             .
             30.31.32
             .
             A
             second
             peice
             of
             the
             foundation
             of
             this
             opinion
             of
             the
             Reporter
             is
             taken
             ,
             
               ab
               inane
            
             ,
             it
             is
             a
             vaine
             thing
             ,
             saith
             he
             ,
             to
             prescribe
             Laws
             
             but
             where
             by
             legiance
             foregoing
             ,
             people
             are
             bound
             to
             obey
             :
             but
             this
             compared
             with
             the
             words
             of
             Fortescue
             ,
             formerly
             mentioned
             ,
             falls
             of
             it selfe
             to
             dust
             ,
             and
             therefore
             I
             shall
             not
             further
             inlarge
             concerning
             it
             .
          
           
             Thirdly
             ,
             The
             Reporter
             brings
             in
             to
             helpe
             the
             matter
             the
             consent
             of
             the
             Law
             in
             elder
             times
             ,
             by
             certaine
             cases
             vouched
             to
             that
             purpose
             ;
             the
             first
             concerning
             the
             Legiance
             of
             Children
             to
             Parents
             ,
             which
             commeth
             not
             to
             this
             case
             ,
             because
             it
             is
             a
             legiance
             of
             nature
             ,
             and
             this
             legiance
             whereof
             we
             speake
             is
             yet
             under
             a
             litigious
             title
             .
             And
             I
             suppose
             will
             in
             the
             conclusion
             be
             found
             to
             rest
             only
             upon
             a
             civil
             constitution
             ,
             therefore
             I
             leave
             that
             .
             The
             second
             is
             ,
             that
             a
             man
             attainted
             and
             outlawed
             ,
             is
             neverthelesse
             within
             the
             Kings
             protection
             for
             this
             (
             saith
             the
             Reporter
             )
             is
             a
             Law
             of
             nature
             ,
             
               Indelibilis
               &
               immutabilis
            
             ,
             and
             the
             Parliament
             nor
             Statute
             can
             take
             this
             power
             away
             ,
             fol.
             13.
             b.
             14.
             a.
             and
             therefore
             the
             Reporter
             concludes
             ,
             that
             as
             well
             the
             Legiance
             of
             the
             subject
             as
             the
             protection
             of
             him
             by
             the
             King
             are
             both
             of
             them
             from
             the
             Law
             of
             nature
             .
             An
             opinion
             that
             speakes
             much
             mercy
             ,
             yet
             it
             seemes
             strange
             ,
             considering
             the
             penne
             ,
             for
             if
             it
             be
             a
             Law
             of
             nature
             ,
             and
             immutable
             ,
             for
             the
             King
             to
             protect
             Persons
             attainted
             ,
             then
             must
             no
             such
             Person
             suffer
             ,
             for
             if
             he
             be
             under
             the
             Kings
             protection
             ,
             that
             ,
             being
             by
             a
             Law
             of
             nature
             ,
             cannot
             be
             changed
             by
             any
             positive
             Law
             ,
             as
             the
             Reporter
             saith
             ,
             nor
             can
             the
             King
             ,
             be
             so
             bound
             ,
             by
             any
             such
             Statute
             ,
             but
             by
             a
             nonobstante
             ,
             he
             can
             set
             himselfe
             at
             liberty
             when
             he
             pleaseth
             ,
             &
             then
             the
             issue
             will
             be
             this
             ,
             the
             King
             hath
             a
             naturall
             power
             to
             protect
             the
             Persons
             of
             Law-breakers
             ,
             from
             the
             power
             of
             the
             Law
             ,
             therefore
             much
             more
             their
             Estates
             ;
             and
             then
             farewell
             all
             Law
             ,
             but
             this
             of
             the
             Kings
             naturall
             protection
             .
             I
             say
             that
             these
             are
             of
             a
             high
             straine
             ,
             considering
             what
             the
             Reporter
             speaketh
             ,
             
             elsewhere
             .
             But
             to
             persue
             his
             instance
             ,
             he
             saith
             ,
             that
             the
             King
             hath
             power
             ,
             to
             protect
             an
             attainted
             person
             ,
             that
             if
             any
             man
             kill
             him
             without
             warrant
             he
             is
             a
             manslayer
             ;
             and
             yet
             this
             Person
             attainted
             hath
             lost
             the
             legall
             Protection
             .
             It
             s
             true
             ,
             yet
             not
             to
             all
             intents
             ,
             for
             by
             the
             sentence
             of
             the
             
             Law
             ,
             his
             life
             is
             bound
             up
             under
             the
             Law
             of
             that
             Sentence
             ,
             Viz.
             
             
               That
               he
               must
               not
               suffer
               in
               other
               manner
               then
               the
               Sentence
               determineth
               ,
               nor
               before
               warrant
               of
               Execution
               issue
               forth
               to
               that
               end
               .
            
             And
             notwithstanding
             the
             Sentence
             ,
             yet
             the
             Law
             leaveth
             him
             a
             liberty
             of
             Purchase
             ,
             or
             Inheritance
             ,
             though
             to
             the
             use
             of
             the
             Crowne
             ,
             and
             therefore
             in
             some
             respects
             ,
             the
             Law
             protects
             his
             Person
             so
             long
             as
             he
             lives
             ,
             and
             the
             Kings
             Naturall
             Protection
             is
             in
             vaine
             in
             such
             Cases
             .
          
           
             Lastly
             ,
             suppose
             the
             King
             hath
             a
             power
             of
             Nonobstante
             ,
             if
             the
             same
             be
             allowed
             to
             him
             in
             a
             limited
             way
             by
             the
             Law
             ,
             it
             is
             no
             argument
             to
             prove
             the
             Kings
             naturall
             Power
             which
             is
             driven
             at
             under
             naturall
             Legiance
             ,
             much
             lesse
             if
             it
             cannot
             be
             made
             forth
             that
             the
             Law
             doth
             allow
             any
             such
             power
             of
             Nonobstante
             at
             all
             ;
             but
             by
             the
             iniquity
             of
             the
             times
             ,
             permitteth
             the
             same
             to
             subsist
             ,
             onely
             to
             avoyd
             Contention
             ,
             as
             it
             came
             into
             this
             Kingdome
             by
             way
             of
             Usurpation
             .
             And
             thus
             I
             have
             onely
             discovered
             the
             Foundation
             of
             this
             first
             qualification
             ,
             which
             I
             shall
             onely
             leave
             naked
             ,
             supposing
             that
             no
             man
             seeing
             it
             ,
             will
             build
             at
             all
             thereupon
             .
          
           
             The
             second
             property
             that
             commeth
             to
             be
             considered
             ,
             is
             ,
             
               That
               English
               Legiance
               is
               absolute
               ,
               fol.
            
             5.
             
               b.
               fol.
            
             7.
             a.
             which
             is
             a
             word
             of
             a
             vast
             extent
             ,
             serving
             rather
             to
             amaze
             mens
             apprehensions
             ,
             then
             to
             inlighten
             them
             ;
             and
             therefore
             the
             Reporter
             did
             well
             not
             to
             trouble
             himself
             or
             the
             Reader
             ,
             in
             the
             clearing
             or
             proof
             thereof
             ,
             but
             left
             the
             Point
             rather
             to
             be
             beleived
             ,
             then
             understood
             ,
             nor
             shall
             I
             in
             the
             Negative
             ;
             for
             God
             himself
             can
             have
             no
             other
             Legiance
             from
             an
             English
             man
             ,
             then
             absolute
             Legiance
             ;
             and
             Kings
             being
             (
             as
             other
             men
             )
             subject
             to
             erre
             ,
             especially
             in
             this
             Point
             of
             Prerogative
             ,
             are
             much
             rather
             subject
             thereto
             ,
             being
             misled
             by
             such
             Doctrines
             as
             these
             are
             ;
             
             The
             Scripture
             determines
             this
             Point
             ,
             and
             cuts
             the
             knot
             in
             sunder
             .
          
           
             The
             third
             property
             of
             English
             Legiance
             ,
             which
             the
             Reporter
             insisteth
             upon
             ,
             is
             that
             it
             is
             indefinite
             ;
             which
             he
             explaineth
             to
             be
             
               Proprium
               quarto
               modo
            
             ,
             so
             as
             it
             is
             both
             Universall
             and
             Immutable
             ,
             fol.
             5.
             
               b.
               fol.
            
             12.
             and
             neither
             defined
             
             by
             Time
             ,
             Place
             ,
             or
             Person
             :
             As
             touching
             the
             Time
             ,
             and
             Person
             ,
             the
             Reporter
             inlarged
             not
             at
             all
             ,
             therefore
             I
             shall
             onely
             leave
             the
             Reader
             to
             chew
             upon
             the
             Point
             ,
             supposing
             himself
             in
             the
             first
             times
             of
             Edward
             the
             Fourth
             ,
             when
             Henry
             the
             Sixth
             ,
             was
             then
             alive
             ;
             and
             let
             him
             resolve
             to
             which
             of
             them
             his
             Legiance
             had
             been
             due
             ,
             considering
             them
             both
             in
             their
             naturall
             Capacity
             ,
             as
             the
             Reporter
             would
             have
             it
             .
             But
             as
             touching
             the
             Place
             ,
             it
             s
             reported
             that
             English
             Legiance
             is
             not
             onely
             due
             from
             an
             English
             man
             ,
             to
             an
             English
             King
             in
             England
             ;
             but
             in
             all
             places
             of
             the
             Kings
             Dominion
             ,
             though
             otherwise
             Forrain
             ,
             as
             to
             the
             power
             of
             the
             Law
             of
             England
             :
             yea
             ,
             saith
             the
             Reporter
             ,
             as
             farre
             as
             the
             Kings
             power
             of
             Protection
             doth
             extend
             .
             And
             yet
             this
             had
             not
             been
             enough
             ,
             if
             the
             Premises
             be
             granted
             :
             for
             if
             this
             Legiance
             whereof
             we
             speake
             be
             absolute
             ,
             and
             
               omni
               soli
               &
               semper
            
             ,
             then
             is
             it
             due
             to
             the
             King
             ,
             from
             an
             English
             man
             ,
             
               ubivis
               Gentium
            
             .
             Neverthelesse
             ,
             to
             take
             the
             Reporter
             in
             a
             moderate
             sense
             ;
             it
             is
             worth
             consideration
             ,
             whether
             English
             Legiance
             in
             the
             dayes
             of
             Edward
             the
             Third
             ,
             extended
             as
             far
             as
             the
             Kings
             power
             of
             Protection
             ;
             when
             as
             he
             had
             the
             Crown
             of
             France
             ,
             in
             a
             Forrain
             right
             to
             that
             of
             England
             .
             In
             this
             ,
             the
             Reporter
             is
             extreamly
             Positive
             upon
             many
             grounds
             which
             he
             insisteth
             upon
             ,
          
           
             First
             ,
             he
             saith
             ,
             that
             Verus
             and
             Fidelis
             are
             qualities
             of
             the
             minde
             ,
             and
             cannot
             be
             circumscribed
             within
             the
             predicament
             of
             Vbi
             ;
             and
             upon
             this
             ground
             ,
             he
             might
             conclude
             ,
             that
             this
             Legiance
             is
             due
             to
             the
             King
             ,
             from
             an
             English
             man
             all
             the
             world
             over
             ,
             as
             well
             as
             in
             all
             the
             Kings
             Dominions
             ;
             but
             concerning
             the
             ground
             ,
             it
             may
             be
             denied
             ,
             for
             though
             simply
             in
             it selfe
             considered
             as
             a
             notion
             ,
             Verity
             or
             Fidelity
             are
             not
             circumscribed
             in
             place
             ,
             yet
             being
             qualities
             of
             the
             soul
             ,
             and
             that
             being
             in
             the
             body
             ,
             in
             relation
             thereunto
             ,
             it
             may
             be
             in
             the
             predicament
             of
             Vbi
             ;
             for
             where
             ever
             that
             Body
             and
             Soul
             is
             ,
             there
             is
             Faith
             and
             Truth
             ,
             according
             to
             its
             modell
             ,
             which
             though
             not
             absolute
             ,
             and
             indefinite
             ,
             yet
             if
             according
             to
             the
             Lawes
             of
             the
             place
             wherein
             the
             man
             is
             ,
             he
             is
             truely
             said
             to
             be
             
               Verus
               &
               Fidelis
            
             .
          
           
             Secondly
             ,
             the
             Reporter
             argueth
             ,
             that
             the
             Kings
             Protection
             
             is
             not
             Locall
             ,
             or
             included
             within
             the
             bounds
             of
             England
             ;
             therefore
             also
             is
             not
             the
             Legiance
             :
             for
             ,
             
               Protectio
               trahit
               Legiantiam
               ,
               &
               Legiantia
               Protectionem
            
             :
             Had
             this
             reason
             been
             formed
             into
             a
             Syllogisme
             ,
             it
             had
             appeared
             lesse
             valuable
             ;
             for
             the
             Protection
             of
             an
             English
             King
             
               qua
               talis
            
             ,
             of
             an
             English
             man
             ,
             is
             locall
             and
             included
             within
             the
             bounds
             of
             the
             Kingdome
             :
             But
             if
             the
             same
             King
             be
             also
             King
             of
             France
             ,
             or
             Duke
             of
             Aquitane
             ;
             and
             an
             English
             man
             shall
             travell
             into
             those
             parts
             ,
             he
             is
             still
             under
             the
             same
             Kings
             Protection
             ,
             yet
             not
             as
             King
             of
             England
             ,
             but
             as
             King
             of
             France
             ,
             or
             Duke
             of
             Aquitane
             ,
             otherwise
             ,
             let
             the
             party
             be
             of
             France
             ,
             or
             Aquitane
             ,
             or
             England
             ,
             all
             is
             one
             ,
             he
             must
             be
             (
             whether
             French
             or
             English
             )
             under
             an
             unlimitted
             absolute
             Protection
             ,
             without
             regard
             had
             to
             the
             Customes
             or
             Lawes
             of
             the
             place
             ;
             yea
             ,
             contrary
             to
             them
             ,
             which
             I
             beleive
             the
             Reporter
             never
             intended
             to
             affirme
             .
          
           
             Thirdly
             ,
             the
             Reporter
             falleth
             upon
             the
             matter
             in
             Fact
             ,
             and
             tells
             us
             that
             the
             King
             of
             England
             ,
             did
             many
             times
             ,
             
               De
               facto
            
             ,
             grant
             Protections
             to
             Persons
             in
             places
             out
             of
             the
             English
             Confines
             ,
             and
             it
             will
             not
             be
             denied
             :
             But
             never
             was
             any
             absolute
             and
             indefinite
             Protection
             so
             granted
             ;
             for
             the
             Protection
             extends
             to
             defence
             from
             injury
             ,
             and
             all
             injury
             is
             to
             be
             expounded
             and
             judged
             according
             to
             the
             Lawes
             of
             the
             place
             :
             Nor
             doe
             any
             the
             Presidents
             vouched
             by
             the
             Reporter
             clear
             ,
             that
             the
             King
             of
             England
             did
             grant
             as
             King
             of
             England
             ,
             Protection
             to
             any
             English
             man
             in
             any
             parts
             of
             the
             Kings
             Dominion
             beyond
             the
             Seas
             ,
             which
             was
             not
             qualified
             according
             to
             the
             Lawes
             and
             Customes
             of
             that
             place
             :
             especially
             ,
             it
             being
             apparent
             ,
             that
             an
             English
             King
             may
             hold
             Dominion
             in
             Forrain
             parts
             ,
             in
             Legiance
             under
             a
             Forrain
             King
             ;
             as
             Edward
             the
             Third
             ,
             held
             the
             Dutchy
             of
             Guien
             ,
             and
             therefore
             cannot
             grant
             absolute
             Protection
             in
             such
             place
             ,
             nor
             receive
             absolute
             Legiance
             from
             any
             person
             there
             being
             .
          
           
             Fourthly
             ,
             the
             Reporter
             saith
             ,
             that
             the
             King
             of
             England
             ,
             hath
             power
             to
             command
             his
             Subjects
             of
             England
             ,
             to
             goe
             with
             him
             in
             his
             Warres
             ,
             as
             well
             without
             the
             Realm
             of
             England
             ,
             as
             within
             the
             same
             ;
             therefore
             the
             Legiance
             of
             an
             English
             
             man
             to
             his
             King
             ,
             is
             indefinite
             ,
             and
             not
             locall
             ,
             or
             circumscribed
             by
             place
             ,
             or
             within
             the
             Kingdome
             of
             England
             .
             Although
             the
             first
             of
             these
             be
             granted
             ,
             yet
             will
             not
             the
             inference
             hold
             ,
             for
             possibly
             this
             may
             arise
             from
             the
             constitution
             of
             a
             Positive
             Law
             ,
             and
             not
             from
             naturall
             or
             absolute
             Legiance
             ,
             nor
             doth
             any
             authority
             by
             him
             cited
             justifie
             any
             such
             Legiance
             :
             But
             I
             cannot
             agree
             the
             first
             ;
             for
             it
             is
             not
             true
             ,
             that
             the
             King
             hath
             any
             such
             power
             from
             his
             own
             Personall
             interest
             ;
             nor
             doe
             the
             authoritie
             of
             former
             Ages
             warrant
             any
             such
             matter
             :
             for
             a
             fuller
             disquisition
             ,
             whereof
             I
             shall
             refer
             the
             Reader
             to
             the
             eleventh
             Chapter
             ensuing
             ,
             because
             the
             
               Whole
               matter
               concerning
               the
               Militia
               ,
               commeth
               there
               to
               be
               handled
               in
               course
               .
            
          
           
             Fifthly
             ,
             to
             close
             up
             all
             the
             rest
             ,
             the
             Reporter
             brings
             ,
             
               The
               Testimony
               of
               the
               Judges
               of
               the
               Common
               Law
               ,
               out
               of
               the
               Testimony
               of
            
             Hengham
             ;
             
               wherein
               an
               Action
               was
               brought
               by
               a
            
             French
             
               woman
               ,
               against
               an
            
             English
             
               man
               ,
               who
               refused
               to
               answer
               ,
               because
               the
               Plaintiffe
               was
               a
            
             French
             
               Woman
               ,
               and
               not
               of
               the
               Legiance
               or
               Faith
               of
            
             England
             :
             This
             was
             disallowed
             by
             the
             Judges
             ,
             because
             Legiance
             and
             Faith
             was
             referred
             to
             England
             ,
             and
             not
             to
             the
             King
             ?
             Thereupon
             the
             Defendant
             averred
             ,
             that
             the
             Plaintiffe
             is
             not
             of
             the
             Legiance
             of
             England
             ,
             nor
             of
             the
             Faith
             of
             the
             King
             :
             And
             upon
             this
             Plea
             thus
             amended
             ,
             the
             Plaintiffe
             gave
             over
             her
             Action
             .
             The
             Reporter
             from
             hence
             observeth
             ,
             that
             Faith
             and
             Legiance
             is
             referred
             to
             the
             King
             ,
             indefinitely
             ,
             and
             generally
             ;
             and
             therefore
             it
             is
             so
             due
             to
             him
             .
             The
             reason
             might
             have
             had
             more
             force
             ,
             had
             the
             Object
             of
             Allegiance
             ,
             or
             the
             nature
             thereof
             ,
             been
             the
             point
             in
             question
             ;
             but
             neither
             of
             them
             comming
             to
             debate
             ,
             and
             Allegiance
             being
             subjected
             to
             England
             ,
             and
             Faith
             to
             the
             King.
             I
             see
             not
             what
             more
             can
             be
             concluded
             from
             hence
             ,
             but
             that
             Allegiance
             from
             an
             English
             man
             is
             due
             to
             England
             ,
             and
             Faith
             to
             the
             King
             ,
             which
             I
             suppose
             must
             be
             intended
             to
             be
             in
             order
             to
             that
             Allegiance
             ;
             because
             by
             the
             former
             Plea
             ,
             England
             had
             them
             both
             ,
             and
             the
             King
             was
             wholly
             left
             out
             of
             the
             Case
             .
             Neverthelesse
             ,
             I
             rather
             thinke
             that
             the
             present
             Point
             in
             controversie
             ,
             will
             receive
             little
             light
             herefrom
             on
             either
             part
             .
          
           
           
             We
             are
             now
             come
             to
             the
             fourth
             Property
             of
             English
             Legiance
             ,
             that
             it
             is
             due
             to
             the
             Kings
             Naturall
             Capacity
             ,
             and
             not
             to
             his
             Politique
             Capacity
             ,
             or
             due
             to
             the
             Office
             of
             a
             King
             ,
             in
             regard
             of
             the
             Person
             of
             the
             man
             ,
             and
             not
             to
             the
             Person
             in
             regard
             of
             the
             Office
             ,
             fol.
             20.
             
             And
             because
             this
             is
             of
             no
             small
             importance
             ,
             neither
             easily
             understood
             ,
             nor
             granted
             :
             Therefore
             he
             backeth
             his
             Opinion
             by
             many
             reasons
             .
          
           
             First
             ,
             he
             saith
             ,
             that
             the
             King
             sweareth
             to
             his
             Subjects
             in
             his
             Naturall
             Capacity
             ,
             therefore
             the
             Subjects
             swear
             to
             him
             in
             his
             Naturall
             Capacity
             .
             This
             reason
             was
             intended
             to
             be
             taken
             from
             Relatives
             ,
             and
             then
             it
             should
             have
             been
             thus
             :
             
               A
               King
               doth
               sweare
               to
               his
               Subjects
               in
               their
               Naturall
               Capacity
               ,
               therefore
               Subjects
               sweare
               to
               a
               King
               in
               his
               Naturall
               Capacity
            
             :
             but
             it
             being
             otherwise
             ,
             it
             is
             mistaken
             ,
             and
             proves
             not
             the
             Point
             .
             Yet
             if
             we
             should
             take
             the
             Reporter
             ,
             
               in
               sano
               Sensu
            
             ,
             there
             is
             no
             question
             but
             the
             Oath
             is
             made
             to
             the
             Naturall
             Capacity
             ;
             yet
             not
             Terminative
             ,
             more
             then
             the
             Oath
             of
             the
             Tenant
             to
             his
             Lord
             ,
             which
             this
             Author
             pleaseth
             to
             couple
             with
             the
             mutuall
             dependence
             between
             King
             ,
             and
             Subject
             ,
             fol.
             4.
             b.
             5.
             a.
             Nor
             doth
             the
             Oath
             of
             an
             English
             man
             binde
             him
             to
             the
             Obedience
             of
             all
             ,
             or
             any
             Commands
             ,
             which
             the
             King
             shall
             give
             in
             relation
             onely
             to
             his
             Naturall
             Capacity
             ,
             or
             in
             opposition
             to
             his
             Politick
             Capacity
             :
             Nor
             will
             the
             Reporter
             himself
             allow
             that
             the
             Politique
             Capacity
             of
             the
             King
             ,
             can
             be
             separate
             from
             his
             Naturall
             Capacity
             ,
             fol.
             10.
             
             And
             yet
             it
             is
             evident
             that
             a
             King
             may
             in
             his
             Naturall
             Capacity
             command
             that
             ,
             of
             which
             in
             his
             Politique
             Capacity
             cannot
             give
             allowance
             .
          
           
             The
             second
             reason
             of
             this
             Opinion
             ,
             is
             taken
             from
             the
             nature
             of
             Treason
             ,
             which
             saith
             the
             Reporter
             ,
             is
             committed
             against
             the
             Naturall
             Person
             of
             the
             King
             ;
             and
             this
             is
             against
             due
             Legiance
             ,
             according
             to
             the
             form
             of
             Indictments
             ,
             in
             that
             Case
             provided
             .
             This
             is
             not
             demonstrative
             ,
             because
             that
             crime
             which
             is
             done
             against
             the
             Naturall
             person
             of
             a
             man
             ,
             may
             as
             well
             extend
             to
             it
             ,
             in
             relation
             to
             his
             Place
             ,
             or
             Office
             ;
             and
             so
             may
             Treason
             be
             plotted
             against
             the
             Naturall
             Person
             of
             a
             King
             ,
             as
             he
             is
             King
             :
             neither
             is
             their
             any
             other
             difference
             
             between
             the
             murther
             of
             a
             King
             ,
             and
             a
             private
             Man
             ,
             but
             onely
             in
             regard
             of
             the
             Place
             and
             Office
             of
             a
             King
             ,
             which
             makes
             the
             murther
             of
             him
             Treason
             ;
             for
             which
             cause
             all
             Indictments
             that
             doe
             conclude
             ,
             
               Contra
               Legiantiae
               debitum
            
             ,
             doe
             as
             well
             also
             conclude
             ,
             
               Contra
               Coronam
               &
               Dignitatem
               ,
               &c.
               
            
          
           
             The
             third
             reason
             is
             this
             ;
             A
             body
             politique
             ,
             can
             neither
             make
             nor
             take
             Homage
             ,
             33.
             
             H.
             8.
             
             
               Bro.
               tit
               .
               Fealty
            
             :
             Therefore
             cannot
             the
             King
             in
             his
             Politique
             Capacity
             take
             Legiance
             .
             The
             first
             must
             be
             granted
             onely
             ,
             
               sub
               modo
            
             ,
             for
             though
             it
             cannot
             take
             Homage
             immediately
             ,
             yet
             by
             the
             means
             of
             the
             Naturall
             Capacity
             ,
             it
             may
             take
             such
             service
             ;
             and
             therefore
             that
             Rule
             holds
             ,
             onely
             where
             the
             Body
             Politique
             is
             not
             aggregate
             ,
             and
             not
             one
             person
             in
             severall
             Capacities
             ,
             for
             the
             Tenant
             that
             performes
             his
             service
             to
             his
             Lord
             ,
             performs
             the
             same
             to
             his
             Lord
             in
             his
             Naturall
             Capacity
             ,
             but
             it
             is
             in
             relation
             to
             his
             Politique
             Capacity
             ,
             as
             he
             is
             his
             Lord
             :
             For
             Lord
             and
             Tenant
             ,
             King
             and
             Subject
             ,
             are
             but
             Notions
             ,
             and
             neither
             can
             give
             nor
             take
             service
             ;
             but
             that
             man
             that
             is
             Lord
             ,
             or
             Tenant
             ,
             or
             King
             ,
             or
             Subject
             ,
             may
             ;
             even
             as
             the
             power
             of
             Protection
             is
             in
             a
             King
             ,
             not
             as
             he
             is
             a
             Man
             ,
             but
             as
             a
             King.
             
          
           
             The
             fourth
             reason
             is
             this
             ,
             The
             Kings
             naturall
             Person
             hath
             right
             in
             the
             Crowne
             by
             Inheritance
             ,
             therefore
             also
             in
             the
             Legiance
             of
             the
             Subject
             .
             This
             is
             the
             strength
             (
             as
             nigh
             as
             I
             can
             collect
             )
             of
             that
             which
             is
             set
             down
             as
             a
             sixth
             reason
             ,
             but
             I
             make
             it
             the
             fourth
             :
             because
             the
             third
             ,
             as
             I
             conceive
             is
             but
             an
             illustration
             of
             the
             second
             ;
             and
             the
             fifth
             is
             upon
             a
             supposall
             of
             a
             
               Fides
               ficta
            
             ;
             whereas
             that
             Faith
             of
             an
             English
             Subject
             ,
             which
             is
             according
             to
             Law
             ,
             is
             the
             truer
             of
             the
             twaine
             .
             But
             to
             the
             substance
             of
             this
             fourth
             reason
             ;
             If
             the
             first
             be
             granted
             ,
             yet
             the
             Reporter
             cannot
             attain
             his
             conclusion
             ;
             for
             the
             King
             may
             in
             his
             Naturall
             Capacity
             ,
             have
             right
             to
             the
             Crowne
             by
             Inheritance
             ,
             and
             yet
             not
             right
             in
             the
             Legiance
             of
             his
             Subjects
             ,
             otherwise
             then
             in
             right
             of
             the
             Crowne
             ;
             As
             in
             the
             Case
             of
             Lord
             and
             Tenant
             ,
             the
             Lord
             may
             inherite
             the
             Lordship
             in
             his
             naturall
             Capacity
             ,
             but
             the
             Service
             is
             due
             to
             him
             as
             Lord
             ,
             and
             not
             as
             by
             Inheritance
             in
             the
             Service
             in
             the
             abstract
             .
             And
             though
             it
             be
             granted
             that
             the
             Legiance
             to
             a
             
             King
             ,
             is
             of
             a
             higher
             strain
             ,
             then
             that
             of
             a
             Tenant
             to
             his
             Lord
             ,
             fol.
             4.
             b.
             5.
             a.
             Yet
             doth
             the
             Reporter
             bring
             nothing
             to
             light
             ,
             to
             prove
             them
             to
             be
             of
             a
             different
             Nature
             in
             this
             regard
             .
          
           
             The
             fifth
             and
             last
             reason
             that
             commeth
             to
             consideration
             ,
             is
             ,
             from
             a
             Testimony
             of
             the
             Parliament
             ;
             for
             it
             is
             said
             ,
             That
             this
             damnable
             Tenet
             of
             Legiance
             to
             the
             King
             in
             his
             Politique
             Capacity
             ,
             is
             condemned
             by
             two
             Parliaments
             :
             But
             in
             truth
             I
             can
             finde
             but
             one
             under
             that
             Title
             ,
             that
             mentioneth
             this
             Opinion
             ,
             and
             that
             is
             called
             
               Exilium
               Hugonis
            
             ,
             which
             in
             summe
             is
             nothing
             else
             ,
             but
             Articles
             containing
             an
             enumeration
             of
             the
             particular
             offences
             of
             the
             two
             Spencers
             against
             the
             State
             ,
             and
             the
             Sentence
             thereupon
             :
             The
             offences
             are
             ,
             for
             compassing
             to
             draw
             the
             King
             by
             rigor
             ,
             to
             govern
             according
             to
             their
             wills
             :
             for
             withdrawing
             him
             from
             hearkning
             to
             the
             advice
             of
             his
             Lords
             ,
             for
             hindering
             of
             Justice
             ,
             and
             Oppression
             ,
             and
             (
             as
             a
             means
             hereunto
             ,
             )
             They
             caused
             a
             Bill
             or
             Scedule
             to
             be
             published
             ,
             containing
             that
             Homage
             and
             Legiance
             is
             due
             to
             the
             King
             ,
             rather
             in
             relation
             to
             the
             Crowne
             ,
             then
             absolutely
             to
             his
             Person
             ;
             because
             no
             Legiance
             is
             due
             to
             him
             ,
             before
             the
             Crowne
             be
             vested
             upon
             him
             :
             That
             if
             the
             King
             doe
             not
             govern
             according
             to
             Law
             ;
             the
             Leiges
             in
             such
             case
             are
             bound
             by
             their
             Oath
             to
             the
             Crown
             ,
             to
             remove
             him
             either
             by
             Law
             or
             Rigor
             .
          
           
             This
             is
             the
             substance
             of
             the
             Charge
             ,
             and
             upon
             this
             exhibited
             in
             the
             Lords
             House
             ,
             the
             Lords
             ,
             
               super
               totam
               materiam
            
             ,
             banish
             them
             before
             their
             Case
             is
             heard
             ,
             or
             themselves
             had
             made
             any
             appearance
             thereto
             :
             So
             as
             to
             the
             matter
             of
             this
             Scedule
             (
             which
             contains
             an
             Opinion
             suitable
             to
             the
             Point
             in
             hand
             ,
             with
             some
             additionall
             aggravations
             )
             the
             Parliament
             determineth
             nothing
             at
             all
             :
             but
             as
             to
             the
             publishing
             of
             the
             same
             ,
             to
             the
             intent
             to
             gather
             a
             party
             ,
             whereby
             they
             did
             get
             power
             to
             act
             other
             enormities
             mentioned
             in
             the
             Charge
             ;
             and
             in
             relation
             to
             these
             enormities
             ,
             the
             Lords
             proceeded
             to
             Sentence
             of
             banishment
             ;
             all
             which
             was
             done
             in
             the
             presence
             of
             the
             King
             ,
             and
             by
             his
             disconsent
             ,
             as
             may
             appear
             by
             his
             discontent
             thereat
             ,
             as
             all
             Historians
             of
             those
             Affaires
             witnesse
             :
             and
             
             it
             is
             not
             probable
             that
             the
             King
             would
             have
             been
             discontented
             with
             the
             proceedings
             of
             the
             Lords
             ,
             in
             asserting
             the
             Prerogative
             of
             a
             King
             ,
             in
             that
             matter
             of
             the
             Scedule
             ,
             if
             he
             had
             perceived
             any
             such
             thing
             in
             their
             purposes
             .
             Add
             hereunto
             that
             the
             Lords
             themselves
             justified
             the
             matter
             of
             the
             Scedule
             in
             their
             own
             proceedings
             ,
             all
             which
             tended
             to
             inforce
             the
             King
             to
             govern
             according
             to
             their
             Councells
             ,
             and
             otherwise
             then
             suited
             with
             his
             good
             pleasure
             :
             By
             force
             they
             removed
             Gaveston
             from
             the
             Kings
             presence
             formerly
             ,
             and
             afterward
             the
             Spencers
             ,
             in
             the
             same
             manner
             :
             So
             they
             removed
             the
             King
             from
             his
             Throne
             ,
             and
             not
             long
             after
             ,
             out
             of
             the
             World.
             
          
           
             Last
             of
             all
             ,
             I
             shall
             make
             use
             of
             one
             or
             two
             Concessions
             ,
             which
             hath
             passed
             the
             Reporters
             own
             Penne
             (
             in
             this
             discourse
             of
             his
             )
             for
             the
             maintaining
             ,
             that
             the
             Legiance
             of
             an
             English
             man
             ,
             is
             neither
             Naturall
             ,
             nor
             Absolute
             ,
             nor
             Indefinite
             ,
             nor
             due
             to
             the
             Naturall
             Capacity
             ,
             but
             qualified
             according
             unto
             Rules
             .
          
           
             The
             first
             is
             this
             ,
             English
             men
             doe
             owe
             to
             their
             Kings
             Legiance
             ,
             according
             to
             the
             Lawes
             ,
             therefore
             is
             it
             not
             Naturall
             ,
             or
             Absolute
             ,
             or
             Indefinite
             .
             The
             inference
             is
             necessary
             ,
             for
             the
             later
             is
             boundlesse
             ,
             and
             naturall
             ;
             the
             former
             is
             limited
             ,
             and
             by
             civill
             constitution
             :
             If
             any
             branch
             therefore
             of
             English
             Legiance
             be
             bounded
             by
             Lawes
             ,
             then
             the
             Legiance
             of
             an
             English
             man
             is
             circumscribed
             ,
             and
             not
             Absolute
             ,
             or
             Naturall
             .
             The
             major
             Proposition
             is
             granted
             by
             the
             Reporter
             ,
             who
             saith
             ,
             that
             the
             Municipall
             Lawes
             of
             the
             Kingdome
             ,
             hath
             prescribed
             the
             order
             and
             form
             of
             Legall
             Legiance
             ,
             fol.
             5.
             b.
             And
             therefore
             if
             by
             the
             Common
             Law
             ,
             the
             Service
             of
             the
             Kings
             Tenant
             ,
             as
             of
             his
             Mannor
             ,
             be
             limited
             ,
             how
             can
             that
             consist
             with
             the
             absolute
             Legiance
             formerly
             spoken
             of
             ,
             which
             bindeth
             the
             Tenant
             being
             the
             Kings
             Subject
             ,
             to
             an
             Absolute
             ,
             and
             Indefinite
             Service
             :
             Or
             if
             the
             Statute-Lawes
             have
             settled
             a
             Rule
             ,
             according
             to
             which
             each
             Subject
             ought
             to
             goe
             to
             Warre
             in
             the
             Kings
             Service
             beyond
             the
             Sea
             ,
             as
             the
             Reporter
             granteth
             ,
             fol.
             7.
             
             &
             8.
             
             Then
             cannot
             the
             Legiance
             be
             absolute
             to
             binde
             the
             Subject
             to
             goe
             to
             War
             according
             to
             the
             Kings
             own
             pleasure
             .
          
           
           
             Secondly
             ,
             an
             English
             Kings
             Protection
             of
             his
             Subjects
             ,
             is
             not
             Naturall
             ,
             Absolute
             ,
             Indefinite
             ,
             nor
             Originally
             extendeth
             unto
             them
             in
             their
             Naturall
             Capacity
             :
             therefore
             is
             not
             the
             Legiance
             of
             an
             English
             Subject
             to
             his
             King
             ,
             Naturall
             ,
             Absolute
             ,
             Indefinite
             ,
             nor
             Originally
             extendeth
             to
             the
             King
             ,
             in
             his
             Naturall
             Capacity
             .
          
           
             The
             dependance
             of
             these
             two
             resteth
             upon
             the
             Reporters
             owne
             words
             ,
             who
             tells
             us
             ,
             that
             
               Protectio
               trahit
               Subjectionem
               ,
               &
               Subjectio
               Protectionem
            
             ;
             Protection
             drawes
             with
             it
             Subjection
             ,
             and
             Subjection
             drawes
             with
             it
             Protection
             ,
             so
             as
             they
             are
             Relata
             ,
             and
             doe
             prove
             mutually
             one
             anothers
             Nature
             ,
             fol.
             5.
             a.
             And
             in
             the
             same
             Page
             (
             a
             few
             lines
             preceding
             )
             he
             shewes
             why
             this
             Bond
             between
             King
             and
             Subject
             is
             called
             Legiance
             ,
             because
             there
             is
             a
             reciprocall
             ,
             and
             double
             Bond
             :
             for
             as
             the
             Subject
             is
             bound
             in
             Obedience
             to
             the
             King
             ,
             so
             is
             the
             King
             bound
             to
             the
             Subject
             in
             Protection
             :
             But
             the
             King
             is
             not
             Naturally
             bound
             to
             protect
             the
             People
             ,
             because
             this
             Bond
             begins
             not
             at
             his
             Birth
             ,
             but
             when
             the
             Crown
             settles
             upon
             him
             .
          
           
             Thirdly
             ,
             this
             Protection
             is
             not
             absolute
             ,
             because
             the
             King
             must
             maintaine
             the
             Lawes
             ,
             fol.
             5.
             a.
             and
             the
             Lawes
             doe
             not
             Protect
             absolutely
             ,
             any
             man
             that
             is
             a
             breaker
             of
             the
             Lawes
             .
          
           
             Fourthly
             ,
             this
             Protection
             is
             not
             Indefinite
             ,
             because
             it
             can
             extend
             no
             further
             then
             his
             Power
             ,
             and
             his
             Power
             no
             further
             then
             his
             Dominions
             ,
             fol.
             9.
             b.
             The
             like
             also
             may
             be
             instanced
             in
             continuance
             of
             time
             .
          
           
             Lastly
             ,
             the
             Kings
             Protection
             extendeth
             not
             Originally
             to
             the
             Naturall
             Capacity
             ,
             but
             to
             the
             Politique
             Capacity
             ;
             therefore
             till
             a
             Forrainer
             commeth
             within
             the
             Kings
             Legiance
             ,
             he
             commeth
             not
             within
             his
             Protection
             :
             And
             the
             usuall
             words
             of
             a
             Writ
             of
             Protection
             shewes
             ,
             that
             the
             party
             Protected
             ,
             must
             be
             in
             
               Obsequio
               nostro
               ,
               fol.
            
             8.
             a.
             The
             summe
             then
             is
             ,
             that
             as
             Protection
             of
             an
             English
             King
             ,
             so
             neither
             is
             Legiance
             ,
             or
             Subjection
             of
             an
             English
             man
             Naturall
             ,
             Absolute
             ,
             Indefinite
             ,
             or
             terminated
             in
             the
             Naturall
             Capacity
             of
             the
             King.
             And
             to
             make
             a
             full
             Period
             to
             the
             Point
             ,
             and
             
             make
             the
             same
             more
             cleare
             ,
             I
             shall
             instance
             in
             one
             President
             ,
             that
             these
             times
             of
             Edward
             the
             Third
             produced
             .
             The
             former
             English
             Kings
             ,
             had
             Title
             to
             many
             Teritories
             in
             France
             ,
             but
             Edward
             the
             Third
             ,
             had
             Title
             to
             all
             the
             Kingdome
             :
             And
             being
             possibly
             not
             so
             sensible
             of
             what
             he
             had
             in
             possession
             ,
             as
             of
             what
             he
             had
             not
             ;
             He
             enters
             France
             in
             such
             a
             way
             ,
             and
             with
             that
             successe
             ,
             that
             in
             a
             little
             time
             ,
             he
             gaines
             the
             highest
             Seate
             therein
             ,
             and
             so
             brought
             much
             Honour
             to
             the
             English
             Nation
             ;
             and
             more
             then
             stood
             with
             the
             safety
             of
             the
             Kingdome
             .
             For
             in
             the
             union
             of
             two
             Kingdoms
             ,
             its
             dangerous
             for
             the
             smaller
             ,
             least
             it
             be
             swallowed
             up
             by
             the
             greater
             .
          
           
             This
             was
             foreseen
             by
             the
             English
             ,
             who
             knew
             England
             did
             bear
             but
             a
             small
             proportion
             to
             France
             ,
             and
             complained
             of
             that
             inconvenience
             ;
             and
             thereupon
             a
             Law
             was
             made
             ,
             that
             the
             People
             of
             England
             ,
             
             should
             not
             be
             subject
             to
             the
             King
             ,
             or
             his
             Heires
             ,
             as
             Kings
             of
             France
             :
             which
             manifestly
             importeth
             ,
             that
             an
             English
             King
             may
             put
             himselfe
             in
             such
             a
             Posture
             ,
             in
             which
             Legiance
             is
             not
             due
             to
             him
             ;
             and
             that
             this
             Posture
             is
             not
             onely
             in
             Case
             of
             Opposition
             ,
             but
             of
             diversity
             ,
             when
             he
             is
             King
             of
             another
             Nation
             ,
             and
             doth
             not
             
               de
               facto
            
             ,
             for
             that
             Time
             ,
             and
             Place
             ,
             rule
             as
             an
             English
             King
             :
             which
             if
             so
             ,
             I
             suppose
             this
             notion
             of
             Naturall
             ,
             Absolute
             ,
             and
             Indefinite
             Legiance
             to
             the
             King
             in
             his
             Naturall
             Capacity
             is
             out
             of
             this
             Kingdome
             ,
             if
             not
             out
             of
             the
             World
             :
             and
             then
             the
             foot
             of
             the
             whole
             Account
             will
             be
             ,
             that
             the
             Legiance
             of
             an
             English
             man
             ,
             is
             Originally
             according
             to
             the
             Lawes
             :
             The
             summe
             of
             all
             ,
             being
             comprehended
             in
             the
             joynt
             safety
             of
             the
             People
             of
             England
             .
          
        
         
           
           
             CAHP.
             IX
             .
             Of
             Courts
             for
             Causes
             criminall
             ,
             with
             their
             Lawes
             .
          
           
             THe
             great
             growth
             of
             Courts
             ,
             founded
             upon
             Prerogative
             ,
             derogated
             much
             in
             these
             times
             from
             the
             ancient
             Courts
             ,
             that
             formerly
             had
             attained
             the
             Soveraignty
             over
             the
             People
             ,
             and
             in
             the
             hearts
             of
             them
             all
             .
             This
             was
             a
             hard
             Lesson
             for
             them
             to
             learn
             ,
             but
             especially
             of
             the
             Kings
             Bench
             ,
             that
             was
             wont
             to
             learn
             of
             none
             ;
             and
             yet
             must
             be
             content
             to
             part
             with
             many
             of
             their
             Plumes
             to
             deck
             the
             Chancellor
             ,
             much
             of
             their
             work
             to
             busie
             the
             Prerogative
             Courts
             ,
             holden
             
               Coram
               Rege
            
             ;
             and
             more
             to
             those
             holden
             
               Coram
               Populo
            
             ,
             I
             mean
             ,
             
               The
               Courts
               of
               Oier
               and
               Terminer
               ,
               Goale
               delivery
               ,
               and
               Ju●tices
               of
               Peace
               .
            
             Those
             of
             Oier
             and
             Terminer
             ,
             were
             now
             grown
             very
             common
             ,
             but
             lesse
             esteemed
             ,
             as
             being
             by
             men
             of
             mean
             regard
             nominated
             for
             the
             most
             part
             by
             the
             party
             that
             sued
             out
             the
             Commission
             ,
             which
             for
             the
             most
             part
             was
             done
             in
             behalfe
             of
             those
             that
             were
             in
             danger
             ,
             and
             meaned
             not
             to
             be
             justified
             by
             Works
             ,
             but
             by
             Grace
             .
             These
             escapes
             ,
             though
             small
             in
             the
             particulars
             ,
             yet
             in
             the
             full
             summe
             made
             the
             matter
             so
             foul
             ,
             as
             it
             became
             a
             common
             greivance
             ,
             and
             a
             Rule
             thereupon
             set
             by
             the
             Parliament
             ,
             for
             the
             regulating
             both
             of
             the
             Judges
             of
             such
             Court
             ,
             
             and
             the
             Causes
             .
             The
             Commissions
             for
             Goale
             delivery
             likewise
             ,
             grew
             more
             mean
             and
             ordinary
             :
             The
             chief
             sort
             of
             men
             in
             the
             severall
             Counties
             ,
             had
             formerly
             the
             power
             ,
             but
             were
             found
             to
             savour
             too
             much
             of
             Neighbourhood
             ,
             and
             Alliance
             ;
             the
             leading
             of
             the
             work
             therefore
             ,
             is
             now
             committed
             to
             the
             Judges
             at
             Westminster
             ,
             and
             the
             other
             made
             onely
             Associates
             to
             them
             .
             But
             above
             all
             ,
             the
             Courts
             of
             Sheriffes
             ,
             Coroners
             ,
             and
             Leets
             ,
             were
             now
             grown
             soure
             with
             Age
             ,
             having
             attained
             courses
             by
             common
             Practice
             ,
             differing
             from
             Oppression
             onely
             in
             name
             ;
             and
             yet
             were
             the
             times
             so
             unhappy
             ,
             as
             by
             these
             courses
             they
             had
             obtained
             
             fovour
             ,
             and
             respect
             ,
             amongst
             the
             great
             men
             ,
             and
             so
             gained
             more
             power
             from
             above
             to
             abuse
             them
             below
             .
             These
             men
             loved
             to
             be
             Commissioners
             of
             Oier
             and
             Terminer
             ,
             and
             having
             learned
             how
             to
             make
             capitall
             offences
             pecuniary
             ,
             found
             such
             sweetnesse
             ,
             as
             they
             used
             not
             to
             be
             weary
             of
             their
             places
             ,
             though
             the
             Countrey
             grew
             weary
             of
             them
             ;
             and
             therefore
             disliking
             uncertainties
             ,
             in
             such
             matters
             of
             benefit
             ,
             they
             cannot
             rest
             till
             they
             obtaine
             more
             certaine
             settlement
             in
             their
             places
             ;
             some
             for
             yeares
             ,
             others
             for
             life
             ,
             and
             some
             for
             ever
             .
             The
             disease
             thus
             contracted
             by
             degrees
             ,
             the
             cure
             must
             be
             accordingly
             ;
             first
             the
             Sherifwicks
             much
             dismembred
             to
             please
             the
             Court
             Favorites
             ,
             and
             fill
             the
             Kings
             privy
             purse
             ,
             and
             all
             raised
             to
             the
             utmost
             penny
             of
             the
             full
             ,
             and
             beyond
             the
             just
             vallue
             .
             
             A
             Law
             is
             made
             to
             restore
             the
             severall
             Hundreds
             ,
             and
             Wepentakes
             to
             the
             Sheriffs
             and
             their
             Counties
             ,
             and
             all
             of
             them
             are
             reduced
             to
             the
             old
             rent
             ;
             and
             it
             is
             likewise
             provided
             that
             none
             shal
             execute
             that
             place
             in
             County
             or
             Hundred
             ,
             who
             shall
             not
             then
             have
             sufficient
             Lands
             in
             that
             County
             to
             answer
             dammages
             for
             injustice
             by
             them
             done
             .
             
             And
             that
             no
             Sheriff
             shall
             serve
             in
             that
             place
             above
             one
             yeare
             ;
             and
             then
             not
             to
             be
             chosen
             againe
             for
             that
             service
             ,
             till
             three
             yeares
             be
             past
             :
             which
             later
             clause
             was
             only
             a
             medium
             taken
             up
             for
             the
             present
             occasion
             ,
             
             in
             regard
             that
             men
             of
             ability
             became
             very
             rare
             in
             these
             times
             ,
             especially
             ,
             in
             some
             of
             the
             Counties
             .
             The
             election
             of
             the
             Sheriff
             is
             likewise
             not
             to
             be
             forgotten
             ,
             for
             though
             the
             Counties
             had
             the
             election
             of
             Coroners
             in
             regard
             they
             looked
             that
             no
             man
             should
             come
             nigh
             their
             blood
             ,
             but
             whom
             they
             trusted
             ;
             
             yet
             the
             Sheriffe
             came
             not
             so
             nigh
             their
             skinne
             ,
             nor
             yet
             so
             nigh
             their
             freeholds
             ,
             as
             anciently
             they
             had
             done
             ,
             for
             that
             their
             power
             in
             judicature
             was
             much
             abated
             ,
             and
             so
             not
             worthy
             of
             so
             high
             regard
             ,
             yet
             in
             respect
             he
             was
             still
             to
             be
             a
             Minister
             of
             justice
             ,
             and
             his
             place
             valuable
             more
             then
             formerly
             ;
             it
             was
             holden
             convenient
             that
             such
             as
             had
             the
             cheife
             power
             of
             judicature
             at
             
               Westminster
               ,
               Viz.
            
             the
             Chancellor
             ,
             Treasurer
             ,
             Cheife
             Baron
             ,
             
             and
             the
             two
             cheife
             Justices
             ,
             should
             nominate
             the
             man
             
             that
             should
             be
             their
             Servant
             ,
             and
             in
             the
             Parliament
             neverthelesse
             ,
             
             interposed
             in
             that
             Election
             as
             often
             as
             they
             saw
             cause
             .
          
           
             Secondly
             ,
             as
             touching
             Causes
             criminall
             ,
             which
             more
             ordinarily
             come
             within
             the
             Cognisance
             of
             these
             Courts
             :
             They
             generally
             held
             the
             same
             regard
             in
             the
             eye
             of
             Law
             in
             these
             times
             that
             they
             had
             done
             formerly
             ;
             neverthelesse
             ,
             in
             two
             crimes
             these
             times
             wrought
             diversly
             ,
             urging
             the
             edge
             of
             Law
             against
             the
             one
             ,
             and
             abating
             it
             as
             to
             the
             other
             .
             The
             later
             of
             these
             is
             commonly
             called
             
               Petit
               Treason
            
             ,
             which
             is
             a
             murder
             destructive
             to
             the
             Common-wealth
             ,
             in
             an
             inferiour
             degree
             ,
             and
             at
             a
             further
             distance
             ,
             because
             it
             is
             destructive
             to
             that
             Legiance
             ,
             by
             which
             Families
             doe
             consist
             ,
             and
             of
             whom
             Kingdomes
             are
             derived
             .
          
           
             
             In
             former
             times
             it
             extended
             unto
             the
             Legiance
             between
             Lord
             and
             Tenant
             ,
             and
             Parents
             and
             Children
             :
             but
             by
             this
             Law
             of
             25.
             
             E.
             3.
             it
             is
             reduced
             to
             the
             Legiance
             onely
             of
             Man
             ,
             and
             Wife
             ,
             Master
             ,
             and
             Servant
             ,
             Clerk
             ,
             and
             his
             Ordinary
             :
             the
             last
             of
             which
             was
             now
             lately
             taken
             up
             ;
             and
             might
             have
             beene
             as
             well
             laid
             aside
             ,
             as
             divers
             others
             were
             ,
             but
             that
             in
             these
             times
             much
             is
             to
             be
             yeilded
             to
             the
             power
             of
             the
             Prelacy
             ,
             who
             loved
             to
             raise
             the
             power
             of
             the
             Ordinary
             ,
             to
             an
             extraordinary
             pitch
             ,
             that
             themselves
             might
             be
             the
             more
             considerable
             .
          
           
             This
             reducing
             of
             Treason
             into
             a
             narrower
             ground
             ,
             made
             the
             Regiment
             of
             Fellonies
             to
             swell
             :
             A
             hard
             thing
             it
             was
             in
             a
             Warring
             time
             ,
             for
             men
             to
             conceit
             themselves
             well
             drest
             ,
             untill
             they
             were
             compleatly
             armed
             :
             Some
             used
             it
             for
             a
             Complement
             ,
             and
             amongst
             others
             ,
             honest
             men
             had
             as
             good
             cause
             to
             use
             it
             ,
             as
             some
             that
             were
             ill
             affected
             ,
             had
             a
             bad
             ;
             and
             of
             the
             last
             sort
             ,
             some
             did
             aime
             at
             private
             revenge
             ,
             though
             many
             aimed
             against
             the
             Publique
             quiet
             .
             But
             however
             the
             intentions
             of
             men
             thus
             harnessed
             might
             be
             different
             ,
             the
             lookes
             of
             them
             all
             are
             so
             soure
             ,
             that
             its
             hard
             to
             know
             a
             man
             for
             Peace
             ,
             from
             a
             man
             for
             Warre
             .
             And
             therefore
             the
             People
             were
             now
             so
             greedy
             after
             Peace
             ,
             as
             they
             are
             ready
             to
             magnifie
             ,
             or
             multiply
             all
             Postures
             of
             Armed
             men
             into
             the
             
             worst
             fashion
             ,
             being
             well
             assured
             that
             the
             readiest
             way
             to
             keep
             themselves
             from
             the
             hurt
             of
             such
             men
             ,
             is
             to
             have
             none
             of
             them
             at
             all
             .
             But
             Edward
             the
             Third
             ,
             
             had
             more
             need
             of
             them
             then
             so
             ,
             and
             will
             therefore
             allow
             men
             to
             ride
             Armed
             ,
             but
             not
             to
             Troope
             together
             ,
             to
             rob
             ,
             kill
             ,
             or
             imprison
             any
             man
             ;
             and
             if
             any
             Person
             did
             otherwise
             ,
             it
             should
             be
             Fellony
             ,
             or
             Trespasse
             ,
             but
             not
             high
             Treason
             .
          
           
             All
             this
             was
             in
             favour
             to
             the
             People
             ,
             and
             yet
             it
             was
             not
             all
             ,
             for
             when
             Mercy
             groweth
             profuse
             ,
             it
             becomes
             cruelty
             :
             Murder
             is
             very
             incident
             to
             times
             of
             Warre
             ,
             yet
             is
             an
             Enemy
             to
             the
             Peace
             ,
             of
             so
             high
             a
             nature
             ,
             that
             though
             the
             Kings
             pardon
             may
             doe
             much
             ,
             yet
             both
             King
             and
             People
             declare
             it
             an
             impardonable
             crime
             ,
             by
             the
             Common
             Law
             ,
             and
             that
             the
             Kings
             Prerogative
             shall
             not
             extend
             so
             farre
             ,
             as
             to
             Pardon
             the
             same
             .
             This
             justice
             done
             to
             the
             party
             dead
             ,
             was
             a
             mercy
             to
             them
             that
             were
             alive
             ;
             a
             means
             to
             save
             blood
             ,
             by
             blood-shed
             ,
             and
             not
             so
             much
             by
             the
             Kings
             Grant
             ,
             as
             by
             his
             Release
             .
             One
             thing
             more
             in
             these
             cases
             of
             blood
             ,
             the
             people
             obtained
             of
             the
             King
             ,
             which
             they
             had
             not
             so
             much
             by
             Release
             ,
             as
             by
             Grant
             ,
             and
             that
             was
             the
             taking
             away
             of
             Englishire
             ,
             an
             ancient
             Badge
             of
             the
             Imperiall
             Power
             of
             the
             Danes
             over
             the
             Saxons
             ,
             and
             which
             had
             either
             continued
             through
             the
             desidiousnesse
             of
             the
             Saxons
             ,
             in
             the
             times
             of
             Edward
             the
             Confessor
             ,
             unto
             the
             Normans
             time
             ,
             or
             by
             them
             taken
             up
             again
             ,
             and
             continued
             ,
             untill
             these
             times
             that
             Edward
             the
             Third
             was
             so
             farre
             desirous
             to
             declare
             his
             readinesse
             to
             maintaine
             the
             Liberties
             of
             the
             people
             ,
             as
             to
             be
             willing
             to
             restore
             them
             where
             they
             failed
             ,
             and
             in
             particular
             tooke
             away
             the
             manner
             of
             Presentment
             of
             Englishire
             ,
             
             blotting
             out
             the
             Title
             and
             Clause
             concerning
             it
             ,
             out
             of
             the
             Articles
             of
             inquiry
             for
             the
             Judges
             Itinerant
             .
             And
             thus
             whether
             Native
             or
             Forrainer
             all
             men
             are
             now
             made
             in
             death
             equall
             ,
             and
             one
             Law
             serves
             all
             alike
             ,
          
           
             Next
             unto
             blood
             ,
             these
             times
             grew
             more
             sensible
             of
             Ravishments
             ,
             then
             former
             times
             had
             done
             :
             For
             though
             they
             had
             determined
             a
             severe
             Penalty
             against
             so
             foule
             a
             Crime
             ,
             and
             made
             it
             in
             the
             nature
             of
             Fellony
             capitall
             ,
             which
             was
             
             enough
             to
             have
             scared
             any
             man
             from
             such
             attempts
             ,
             yet
             for
             the
             proof
             of
             the
             matter
             in
             Fact
             ,
             much
             rested
             upon
             the
             will
             of
             the
             Woman
             ,
             which
             for
             the
             most
             part
             grounded
             upon
             self
             respects
             ,
             and
             private
             prudence
             laboured
             to
             conceale
             that
             which
             could
             not
             be
             made
             whole
             by
             revealing
             ;
             and
             by
             after
             consent
             skind
             over
             the
             sore
             as
             to
             themselves
             ,
             which
             corrupted
             inwardly
             ,
             and
             indangered
             the
             whole
             body
             ;
             to
             cure
             which
             ,
             a
             Law
             is
             made
             to
             restrain
             such
             late
             connivance
             in
             the
             Woman
             ,
             
             by
             depriving
             her
             both
             of
             her
             Joyncture
             ,
             and
             Inheritance
             ,
             which
             otherwise
             had
             been
             saved
             to
             her
             by
             such
             compliance
             ,
             as
             after
             consent
             unto
             such
             violations
             .
          
        
         
           
             CHAP.
             X.
             Of
             the
             Course
             of
             Civill
             Justice
             ,
             during
             these
             Times
             .
          
           
             HOwever
             the
             course
             of
             the
             Law
             concerning
             matters
             of
             the
             Crown
             ,
             passed
             in
             a
             troubled
             wave
             ,
             yet
             in
             matters
             of
             Common
             Pleas
             ,
             it
             passed
             in
             a
             calme
             and
             full
             Channell
             ;
             as
             the
             Reports
             in
             Print
             doe
             sufficiently
             witnesse
             ,
             nor
             was
             their
             any
             change
             of
             Principles
             ,
             but
             onely
             some
             alteration
             tending
             to
             a
             clearer
             manifestation
             of
             the
             same
             .
             I
             will
             not
             touch
             upon
             every
             particular
             ,
             but
             onely
             upon
             two
             ,
             which
             reflect
             somewhat
             upon
             the
             Publique
             pollicy
             ,
             the
             one
             touching
             the
             course
             of
             Inheritance
             in
             some
             particular
             Cases
             ;
             the
             other
             touching
             pleading
             in
             the
             Courts
             of
             Civill
             Justice
             .
          
           
             The
             first
             of
             these
             was
             occasioned
             from
             Conjuncture
             of
             Affaires
             ,
             the
             Case
             being
             such
             ,
             that
             Edward
             the
             Third
             had
             now
             gotten
             himselfe
             a
             new
             Kingdome
             unto
             that
             of
             England
             ,
             and
             must
             looke
             to
             maintaine
             that
             by
             Power
             ,
             which
             he
             obtained
             by
             force
             ,
             and
             conducing
             thereunto
             ,
             must
             have
             continuall
             imployment
             of
             the
             English
             in
             that
             Service
             ,
             as
             being
             most
             trusty
             to
             his
             Cause
             .
             And
             that
             it
             is
             un
             reasonable
             ,
             that
             such
             English
             as
             had
             devoted
             themselves
             to
             his
             
             Service
             in
             this
             Cause
             ,
             and
             in
             order
             thereunto
             ,
             had
             transported
             themselves
             ,
             and
             their
             Families
             into
             those
             Forrain
             parts
             ,
             should
             thereby
             loose
             the
             benefit
             of
             Leiges
             ,
             
             in
             the
             Birth-right
             of
             their
             Children
             ,
             borne
             in
             those
             Forraine
             parts
             .
             Upon
             consideration
             had
             hereof
             ,
             and
             of
             a
             former
             leading
             Opinion
             of
             the
             Lawyers
             and
             Parliament
             ,
             a
             Declarative
             Law
             was
             made
             ;
             
             
               That
               all
               Children
               borne
               without
               the
               Kings
               Legiance
               ,
               whose
               Father
               and
               Mother
               at
               the
               time
               of
               their
               Birth
               ,
               shall
               be
               under
               the
               Faith
               and
               Legiance
               of
               the
               King
               of
            
             England
             ,
             
               shall
               have
               the
               benefit
               of
               Inheritance
               within
               the
               same
               Legiance
               ,
               as
               other
               Inheritors
               have
               .
            
             These
             are
             the
             words
             of
             the
             Statute
             ,
             and
             doe
             occasion
             a
             double
             observation
             ,
             one
             from
             the
             matter
             ,
             the
             other
             from
             the
             manner
             of
             the
             Expression
             .
          
           
             The
             Subject
             matter
             is
             so
             delivered
             ,
             not
             as
             an
             Introduction
             of
             a
             new
             Law
             ,
             but
             as
             a
             Declarative
             of
             the
             old
             ,
             that
             lay
             more
             obscurely
             hidden
             ,
             for
             want
             of
             occasion
             to
             reveale
             it
             ,
             and
             the
             substance
             thereof
             resteth
             onely
             in
             this
             ,
             to
             enable
             the
             Children
             of
             English
             Natives
             ,
             borne
             beyond
             the
             Seas
             ;
             not
             the
             Children
             of
             those
             that
             are
             of
             Forraine
             birth
             ,
             though
             within
             the
             Kings
             Teritories
             in
             those
             parts
             ,
             as
             the
             opinion
             hath
             beene
             ,
             nor
             doth
             any
             ancient
             President
             ,
             or
             Case
             ,
             warrant
             the
             same
             ,
             as
             might
             be
             at
             large
             manifested
             ,
             if
             it
             might
             conduce
             to
             the
             end
             of
             this
             discourse
             ,
             and
             for
             the
             same
             cause
             ,
             after
             this
             Statute
             ;
             when
             as
             the
             Commons
             would
             have
             had
             a
             generall
             Naturalizing
             of
             all
             Infants
             borne
             beyond
             the
             Sea
             ,
             within
             the
             Kings
             Segniories
             ;
             the
             same
             would
             not
             be
             granted
             ,
             
             otherwise
             then
             according
             to
             the
             former
             Statute
             ,
             and
             the
             Common
             Law.
             
          
           
             That
             which
             in
             the
             next
             place
             concerneth
             the
             manner
             of
             expression
             ,
             is
             this
             ,
             That
             a
             Childe
             is
             said
             to
             be
             borne
             out
             of
             the
             Kings
             Legiance
             ,
             and
             yet
             the
             Father
             and
             Mother
             at
             the
             same
             time
             to
             be
             of
             the
             Faith
             and
             Legiance
             of
             the
             King
             of
             England
             :
             It
             seemeth
             to
             me
             ,
             that
             it
             intendeth
             onely
             those
             Children
             of
             English
             Parents
             ,
             borne
             within
             the
             Kings
             Teritories
             beyond
             the
             Seas
             ,
             because
             the
             words
             insuing
             concerning
             Certification
             of
             Bastardy
             of
             such
             Children
             ,
             are
             ,
             that
             the
             same
             shall
             be
             made
             by
             the
             Bishop
             of
             such
             place
             upon
             the
             
             Kings
             Writ
             directed
             to
             him
             ,
             which
             could
             never
             have
             passed
             into
             those
             places
             that
             are
             not
             of
             the
             Kings
             Teritories
             :
             and
             so
             the
             Issue
             will
             be
             ,
             that
             the
             Legiance
             of
             those
             born
             in
             those
             parts
             ,
             though
             they
             are
             Leiges
             to
             the
             King
             ,
             yet
             they
             are
             not
             of
             the
             Legiance
             of
             the
             King
             of
             England
             ,
             but
             as
             Lord
             of
             that
             Teritory
             .
          
           
             The
             other
             matter
             to
             be
             observed
             concerning
             pleading
             in
             the
             Courts
             of
             Civill
             Justice
             ,
             is
             this
             ,
             That
             whereas
             anciently
             ,
             
             from
             the
             Normans
             time
             ,
             till
             these
             times
             ,
             the
             pleadings
             were
             in
             the
             Norman
             tongue
             ,
             they
             shall
             be
             henceforth
             in
             English
             ;
             out
             of
             an
             inconvenience
             ,
             I
             beleive
             ,
             rather
             supposed
             then
             felt
             :
             for
             though
             some
             kinde
             of
             knowledge
             of
             Law-termes
             may
             be
             increased
             thereby
             ,
             yet
             unlesse
             that
             shall
             be
             professedly
             studied
             ,
             it
             will
             breed
             nothing
             but
             Notions
             ,
             and
             they
             an
             overweening
             conceit
             ,
             which
             many
             times
             sets
             men
             to
             suites
             in
             Law
             ,
             to
             their
             owne
             losse
             ,
             like
             some
             weake
             influence
             of
             the
             Celestiall
             bodies
             ,
             that
             are
             strong
             enough
             to
             stirre
             up
             humours
             ,
             but
             not
             to
             expell
             them
             ,
             or
             draw
             them
             out
             .
             However
             ,
             even
             thus
             in
             part
             is
             the
             reproach
             of
             Normandy
             rolled
             away
             ,
             like
             that
             of
             Egypt
             from
             the
             Israelites
             at
             Mount
             Gilgall
             .
          
        
         
           
             CHAP.
             XI
             .
             Of
             the
             Militia
             in
             these
             Times
             .
          
           
             WArre
             is
             ever
             terrible
             ,
             but
             if
             just
             and
             well
             governed
             ,
             majesticall
             ;
             the
             one
             may
             excite
             resistance
             and
             defence
             ,
             but
             the
             other
             Conquers
             ,
             before
             blow
             given
             ;
             because
             it
             convinceth
             the
             judgement
             ,
             and
             so
             prevails
             upon
             the
             Conscience
             :
             For
             that
             heart
             can
             never
             be
             resolute
             in
             its
             own
             defence
             ,
             that
             is
             at
             Warre
             with
             its
             own
             understanding
             ;
             nor
             can
             such
             a
             heart
             consider
             such
             a
             Warre
             ,
             otherwise
             then
             as
             Divine
             ,
             and
             bearing
             the
             face
             of
             an
             Ordinance
             of
             God
             ;
             and
             then
             how
             can
             the
             Issue
             be
             unsuccessfull
             .
             It
             is
             no
             strange
             
             thing
             for
             Kings
             to
             miscarry
             in
             their
             Warres
             ,
             because
             it
             s
             rarely
             seen
             that
             they
             are
             under
             good
             Councell
             ;
             but
             if
             a
             Christian
             Councell
             miscarry
             ,
             we
             may
             conclude
             it
             extraordinary
             ,
             in
             the
             efficient
             Cause
             ,
             and
             no
             lesse
             wonderful
             in
             the
             issue
             ,
             and
             end
             .
             Upon
             this
             ground
             ,
             it
             concerneth
             a
             Christian
             Nation
             ,
             not
             onely
             in
             point
             of
             Honour
             ,
             but
             of
             safety
             and
             continuance
             ,
             to
             settle
             fundamentall
             Lawes
             for
             War
             ,
             against
             time
             of
             War
             ;
             as
             of
             Peace
             ,
             in
             time
             of
             Peace
             .
             Neither
             was
             England
             deficient
             herein
             ,
             saving
             that
             ancient
             times
             were
             more
             obscure
             in
             the
             particulars
             ,
             and
             these
             dayes
             revealed
             them
             at
             such
             a
             time
             ,
             wherein
             we
             may
             say
             ,
             that
             Edward
             the
             Third
             ,
             approved
             himself
             ,
             not
             onely
             King
             of
             England
             ,
             but
             of
             himself
             ,
             above
             the
             ordinary
             strain
             of
             expectation
             ;
             for
             being
             now
             become
             a
             famous
             Commander
             and
             Conquerour
             ,
             having
             also
             an
             Army
             inured
             to
             fight
             and
             overcome
             ,
             and
             so
             might
             have
             given
             a
             Law
             ;
             he
             neverthelesse
             ,
             received
             the
             same
             ,
             submitting
             both
             it
             and
             himself
             to
             the
             Directory
             of
             the
             Parliament
             ,
             in
             making
             a
             Warre
             with
             France
             ,
             which
             was
             three
             to
             one
             against
             him
             in
             every
             respect
             ,
             (
             but
             in
             the
             Title
             )
             besides
             the
             disadvantage
             from
             Scotland
             ,
             that
             lay
             continually
             beating
             upon
             his
             reare
             .
             The
             like
             may
             be
             observed
             of
             his
             Warre
             with
             Scotland
             ,
             in
             both
             which
             ,
             he
             evidently
             telleth
             the
             World
             ,
             that
             he
             held
             it
             unreasonable
             to
             enter
             upon
             the
             managing
             of
             an
             offensive
             Forraine
             Warre
             ,
             without
             the
             concurrence
             of
             the
             common
             consent
             of
             the
             people
             ;
             and
             that
             not
             onely
             for
             the
             thing
             it selfe
             ,
             but
             also
             for
             his
             owne
             personall
             ingagement
             in
             the
             Service
             .
             For
             a
             King
             ,
             though
             he
             be
             the
             Generalissimo
             ,
             yet
             is
             he
             so
             from
             the
             people
             ,
             and
             his
             person
             being
             of
             that
             high
             value
             ,
             is
             not
             to
             be
             exposed
             to
             every
             occasion
             ,
             that
             may
             provoke
             Warre
             ,
             without
             due
             advice
             first
             had
             with
             the
             publique
             Councell
             ,
             because
             in
             his
             person
             the
             people
             adventureth
             as
             well
             as
             himself
             .
             And
             in
             this
             manner
             were
             the
             Warres
             in
             France
             by
             Edward
             the
             Third
             ,
             and
             in
             Scotland
             ,
             concluded
             upon
             debate
             .
             In
             the
             next
             place
             ,
             as
             touching
             the
             arraies
             of
             Men
             for
             Warre
             ,
             I
             finde
             no
             foot-steps
             of
             any
             power
             which
             was
             claimed
             as
             peculiar
             to
             the
             King
             therein
             ,
             and
             acknowledged
             by
             the
             Parliament
             ;
             but
             many
             
             instances
             do
             I
             meet
             with
             in
             the
             opposite
             ;
             all
             which
             do
             plainly
             tell
             us
             ,
             
             that
             the
             old
             shifts
             of
             Jurati
             and
             
               obligati
               ad
               arma
            
             ,
             could
             do
             little
             either
             in
             the
             calling
             of
             men
             forth
             ,
             or
             arming
             them
             for
             the
             Warr.
             But
             in
             case
             of
             publique
             defence
             against
             forrainers
             ,
             men
             were
             summoned
             upon
             their
             Legiance
             as
             anciently
             was
             used
             .
             And
             this
             was
             by
             both
             King
             and
             Parliament
             fully
             declared
             ,
             and
             all
             such
             obligations
             by
             writing
             called
             in
             and
             damned
             as
             dishonorable
             to
             the
             King.
             In
             forraine
             service
             the
             course
             was
             no
             lesse
             regular
             ;
             if
             the
             Warr
             was
             by
             especiall
             direction
             of
             the
             Parliament
             ,
             
             they
             likewise
             ordered
             the
             manner
             of
             the
             raising
             of
             Souldiers
             ,
             Viz.
             So
             many
             out
             of
             a
             County
             ,
             and
             so
             many
             out
             of
             a
             Burrough
             ,
             all
             which
             are
             by
             the
             expresse
             words
             of
             the
             Statute
             ,
             said
             to
             be
             granted
             by
             the
             Knights
             and
             Burgesses
             .
             
             But
             if
             it
             was
             only
             upon
             the
             Kings
             particular
             instigation
             and
             not
             by
             order
             or
             consent
             of
             the
             Parliament
             ,
             the
             King
             in
             such
             cases
             being
             Volunteir
             ,
             all
             the
             Souldiers
             were
             in
             like
             manner
             ;
             unlesse
             some
             particular
             Law
             ,
             or
             Tenure
             ,
             otherwise
             obleiged
             them
             .
             As
             touching
             the
             arming
             of
             Souldiers
             ;
             the
             Law
             was
             yet
             more
             certaine
             and
             particular
             .
             If
             the
             Souldiers
             were
             men
             of
             estate
             they
             were
             armed
             according
             to
             the
             ancient
             rule
             asserted
             by
             the
             Statute
             at
             Winton
             ,
             or
             otherwise
             were
             especially
             assessed
             by
             the
             Parliament
             ,
             or
             by
             vertue
             of
             their
             Tenures
             ;
             the
             first
             of
             these
             is
             confirmed
             by
             Edward
             the
             third
             in
             Parliament
             ,
             
             wherein
             he
             willeth
             that
             no
             man
             shal
             be
             urged
             to
             arme
             himselfe
             otherwise
             then
             hee
             was
             wont
             in
             the
             times
             of
             his
             Ancestors
             Kings
             of
             England
             .
             The
             two
             later
             were
             likewise
             confirmed
             by
             another
             Law
             ,
             made
             in
             the
             same
             Kings
             time
             ;
             
             whereby
             it
             was
             ordained
             ,
             that
             no
             manshall
             be
             constrained
             to
             find
             men
             of
             armes
             ,
             Hoblers
             ,
             nor
             Archers
             ,
             other
             then
             those
             which
             hold
             by
             such
             services
             ,
             if
             it
             be
             not
             by
             common
             consent
             and
             grant
             made
             in
             Parliament
             .
             By
             men
             of
             Armes
             meaning
             those
             which
             we
             now
             call
             Curiasseires
             ,
             or
             compleat
             armed
             ;
             by
             Hoblers
             meaning
             those
             now
             called
             light
             horse-men
             .
             The
             Archers
             served
             on
             foot
             ,
             and
             were
             Principally
             armed
             with
             Bowes
             ,
             although
             they
             had
             also
             Swords
             or
             other
             such
             offensive
             portable
             Weapons
             .
          
           
           
             The
             first
             of
             these
             concerneth
             only
             the
             arming
             of
             a
             mans
             owne
             person
             ,
             the
             other
             the
             finding
             of
             Souldiers
             ,
             and
             arming
             of
             them
             ,
             and
             both
             together
             sufficient
             for
             the
             safegard
             of
             the
             rights
             and
             liberties
             of
             the
             people
             ,
             invaded
             in
             those
             times
             ,
             by
             Commissions
             of
             array
             ;
             and
             such
             other
             expressions
             of
             Prerogative
             Royall
             ;
             for
             as
             touching
             the
             arming
             of
             a
             mans
             owne
             Person
             ,
             the
             Statute
             of
             1.
             
             Ed.
             3.
             formerly
             mentioned
             ,
             is
             cleare
             in
             the
             point
             .
             And
             though
             the
             Statute
             of
             25.
             
             Edw.
             3.
             doth
             not
             in
             the
             letter
             direct
             ,
             as
             touching
             the
             finding
             armes
             for
             others
             as
             is
             urged
             in
             his
             Majesties
             answer
             to
             the
             Declaration
             of
             the
             Parliament
             ,
             
             concerning
             the
             Commission
             of
             Array
             ,
             July
             ,
             4.
             1642.
             yet
             is
             it
             therein
             granted
             that
             a
             compleate
             Souldier
             is
             within
             the
             Letter
             of
             the
             Statute
             ;
             and
             seeing
             the
             person
             of
             the
             Souldier
             is
             not
             in
             the
             power
             of
             any
             private
             Person
             in
             such
             cases
             to
             command
             him
             to
             the
             service
             ,
             it
             seemeth
             cleare
             to
             me
             that
             the
             Statute
             must
             intend
             the
             arming
             of
             him
             with
             compleat
             armes
             ,
             
             and
             not
             the
             armed
             person
             of
             the
             man.
             The
             souldery
             thus
             arrayed
             ,
             they
             are
             in
             the
             next
             place
             to
             be
             called
             by
             their
             Rendezvouz
             ;
             the
             Knights
             by
             summons
             sent
             to
             the
             Sheriff
             ,
             but
             the
             rest
             by
             Proclamation
             .
             If
             the
             Knights
             appeare
             not
             ,
             a
             fine
             is
             let
             upon
             them
             ;
             if
             others
             runne
             a
             way
             from
             their
             conduct
             ,
             a
             Writt
             issued
             to
             the
             Serjeant
             at
             armes
             to
             apprehend
             them
             ;
             if
             they
             were
             not
             arrayed
             ,
             
             then
             the
             recognisances
             of
             such
             as
             undertooke
             the
             worke
             are
             estreated
             .
             
             All
             plunder
             or
             spoile
             committed
             by
             the
             Soudiers
             in
             their
             conduct
             ,
             was
             to
             be
             satisfied
             by
             the
             Conductor
             ,
             or
             Commander
             ,
             that
             received
             their
             Pay
             ,
             or
             Charges
             for
             their
             conduct
             :
             And
             although
             the
             charges
             for
             conduct
             had
             formerly
             ,
             
               De
               facto
            
             been
             defraied
             somtimes
             by
             the
             County
             ,
             by
             vertue
             of
             Commissions
             that
             issued
             forth
             ,
             both
             for
             the
             raising
             and
             conducting
             of
             them
             ;
             yet
             was
             this
             no
             rule
             ,
             nor
             did
             Edward
             the
             third
             claime
             any
             such
             duty
             ,
             but
             disclaimed
             it
             ,
             and
             ordained
             by
             Act
             of
             Parliament
             ,
             that
             both
             the
             pay
             and
             conduct
             Money
             ,
             should
             be
             disbursed
             by
             the
             King
             ,
             
             from
             the
             time
             of
             their
             departure
             from
             their
             severall
             Counties
             .
             For
             to
             this
             end
             (
             and
             for
             the
             safegard
             of
             the
             Realme
             .
             
             And
             for
             
             the
             maintenance
             of
             the
             Warrs
             of
             
               Scotland
               ,
               France
            
             ,
             and
             Gascoigne
             .
             )
             The
             King
             had
             supply
             from
             Aids
             ,
             Releifs
             ,
             Wardships
             ,
             
             Marriages
             ,
             Customes
             ,
             and
             Escheats
             ,
             nor
             did
             the
             Parliament
             grant
             any
             particular
             Aide
             by
             assessment
             or
             publique
             Taxe
             ,
             but
             when
             they
             evidently
             saw
             the
             burden
             of
             Warr
             ,
             to
             be
             extraordinary
             ;
             as
             it
             befell
             in
             the
             Conquest
             of
             so
             great
             and
             potent
             a
             Realme
             as
             France
             was
             :
             Wherein
             although
             the
             Taxes
             were
             many
             ,
             yet
             so
             well
             ordered
             were
             they
             ,
             and
             with
             that
             compliance
             from
             the
             King
             ,
             that
             the
             people
             indured
             them
             with
             much
             patience
             ,
             so
             long
             as
             the
             King
             lived
             .
             Lastly
             ,
             in
             all
             these
             Cases
             of
             forraine
             Warrs
             (
             for
             of
             such
             Cases
             onely
             these
             Laws
             are
             to
             be
             understood
             )
             it
             was
             especially
             provided
             ,
             
             that
             no
             man
             should
             be
             distrained
             ,
             or
             urged
             against
             his
             will
             ,
             to
             goe
             out
             of
             his
             County
             .
             But
             in
             Case
             of
             defensive
             Warr
             ;
             the
             course
             was
             otherwise
             ,
             for
             all
             men
             in
             such
             Cases
             are
             bound
             by
             the
             Law
             of
             Nature
             ,
             to
             defend
             their
             owne
             Countrey
             from
             Invasion
             ,
             in
             order
             to
             the
             safety
             of
             their
             owne
             Estates
             ,
             and
             habitations
             .
             They
             were
             arrayed
             ,
             or
             gathered
             together
             by
             Commission
             of
             Array
             from
             the
             King
             ,
             armed
             according
             to
             the
             Laws
             formerly
             mentioned
             ,
             and
             not
             by
             arbitrary
             order
             of
             the
             Commissioners
             :
             And
             by
             vertue
             of
             such
             Commissions
             ,
             they
             were
             drawne
             forth
             and
             led
             to
             places
             ,
             where
             need
             required
             .
             Sometimes
             to
             one
             Coast
             ,
             sometimes
             to
             another
             ,
             yet
             not
             altogether
             at
             the
             Kings
             pleasure
             ,
             for
             the
             Parliament
             upon
             occasion
             set
             rules
             of
             restriction
             ,
             and
             generally
             exempted
             the
             North
             parts
             beyond
             Humber
             ,
             from
             being
             drawn
             Southward
             ,
             
             and
             left
             them
             as
             a
             reserve
             ,
             for
             the
             defence
             of
             the
             Marches
             ,
             bordering
             upon
             Scotland
             ;
             and
             sometimes
             ordered
             ,
             the
             Array
             should
             be
             executed
             onely
             in
             some
             particular
             Counties
             ,
             
             and
             other
             times
             wholy
             exempted
             the
             Countrey
             adjacent
             ,
             within
             six
             miles
             of
             the
             Sea
             Coast
             .
             And
             because
             the
             King
             might
             under
             colour
             of
             a
             defence
             Array
             the
             People
             ,
             where
             no
             such
             occasion
             led
             the
             way
             ,
             and
             command
             them
             out
             of
             their
             Countyes
             ,
             a
             Statute
             is
             made
             that
             states
             the
             Case
             wherein
             such
             Array
             shall
             be
             ;
             
             the
             words
             whereof
             are
             variously
             set
             forth
             in
             the
             Bookes
             in
             Print
             ,
             
             whether
             determinatively
             ,
             or
             carelesly
             ,
             I
             cannot
             tell
             ,
             but
             all
             of
             them
             doe
             differ
             in
             sence
             one
             from
             another
             ,
             and
             from
             the
             Truth
             ;
             some
             of
             the
             common
             Books
             have
             the
             words
             thus
             :
             
               None
               shall
               be
               destrained
               to
               goe
               out
               of
               their
               Counties
               ,
               unlesse
               for
               cause
               of
               necessity
               ,
               and
               of
               sudden
               coming
               of
               Strangers
               ,
               or
               Enemies
               ,
               into
               the
               Kingdome
               :
            
             Others
             reade
             it
             thus
             ,
             
               But
               where
               necessity
               requireth
               ,
               and
               the
               coming
               of
               strange
               Enemies
               into
               the
               Kingdome
               .
            
             The
             Kings
             answer
             to
             the
             Parliaments
             Declaration
             ,
             concerning
             the
             Commission
             of
             Array
             ,
             
             would
             reade
             it
             thus
             ,
             
               Vnlesse
               in
               case
               of
               Necessity
               ,
               or
               of
               sudden
               coming
               of
               strange
               Enemies
               ,
               &c.
               
            
             But
             the
             words
             in
             the
             Roll
             are
             these
             ;
             
               Et
               que
               nulls
               ne
               soient
               distresses
               d'aller
               hors
               de
               les
               Countees
               ,
               Si
               non
               pur
               Cause
               de
               necessity
               ,
               de
               suddaine
               venue
               ,
               des
               Stranges
               Enemies
               ,
               en
               Reqaulme
               ,
            
             In
             English
             thus
             ,
             word
             for
             word
             ,
             
               And
               that
               none
               be
               destrained
               to
               goe
               out
               of
               the
               Counties
               ,
               if
               not
               for
               cause
               of
               Necessity
               ,
               of
               sudden
               coming
               of
               strange
               Enemies
               ,
               into
               ,
               or
               in
               the
               Kingdome
            
             :
             which
             words
             determine
             the
             Point
             ,
             That
             none
             shall
             be
             by
             Commission
             of
             Array
             ,
             drawn
             out
             of
             their
             County
             ,
             but
             in
             case
             of
             Necessity
             :
             And
             secondly
             ,
             that
             this
             Case
             of
             Necessity
             ,
             is
             onely
             the
             coming
             of
             strange
             Enemies
             ,
             into
             ,
             or
             in
             the
             Kingdome
             ,
             so
             as
             probably
             the
             Invasion
             must
             be
             actuall
             before
             they
             be
             drawn
             out
             of
             their
             Counties
             ,
             and
             not
             onely
             feared
             ;
             and
             it
             must
             be
             a
             sudden
             Invasion
             ,
             and
             not
             of
             publique
             note
             ,
             and
             common
             fame
             foregoing
             ,
             for
             then
             the
             ordinary
             course
             either
             of
             Parliament
             ,
             or
             otherwise
             ,
             must
             be
             used
             to
             call
             those
             that
             are
             bound
             by
             Statute
             ,
             or
             Tenures
             ,
             or
             Volunteires
             to
             that
             Service
             ,
             seeing
             every
             Invasion
             is
             not
             so
             fatall
             ,
             as
             to
             require
             a
             Commission
             for
             a
             Generall
             Array
             .
             Against
             what
             hath
             been
             thus
             noted
             ,
             the
             judgement
             of
             Sir
             
               Edward
               Coke
            
             in
             Calvins
             Cafe
             lies
             yet
             in
             the
             way
             ,
             
             who
             affirmeth
             ,
             that
             the
             Subjects
             of
             England
             are
             bound
             by
             their
             Legiance
             to
             goe
             with
             the
             King
             in
             his
             Warres
             ,
             as
             well
             within
             the
             Realme
             ,
             as
             without
             ;
             and
             this
             Legiance
             he
             telleth
             us
             ,
             is
             that
             Naturall
             Legiance
             which
             he
             saith
             ,
             is
             absolute
             and
             Indefinite
             ,
             &c.
             and
             not
             Locall
             ,
             which
             if
             not
             so
             ,
             then
             were
             not
             the
             English
             bound
             to
             go
             out
             of
             England
             ;
             an
             inference
             that
             is
             neither
             necessary
             ,
             nor
             is
             the
             thing
             affirmed
             certain
             .
             It
             is
             not
             necessary
             ,
             
             because
             English
             men
             may
             be
             bound
             to
             goe
             out
             of
             England
             ,
             by
             vertue
             of
             their
             Tenures
             ,
             particular
             Contract
             ,
             or
             else
             by
             speciall
             Act
             of
             Parliament
             ,
             and
             not
             by
             vertue
             of
             that
             Naturall
             Legiance
             ,
             which
             in
             Truth
             is
             no
             where
             .
          
           
             Now
             for
             the
             maintenance
             of
             the
             Point
             ,
             the
             Reporter
             alledgeth
             two
             Statutes
             affirming
             the
             thing
             ,
             and
             Common
             practice
             ;
             and
             lastly
             ,
             Authorities
             of
             the
             Judges
             of
             the
             Common
             Law.
             
             As
             touching
             the
             Statutes
             ,
             one
             in
             Henry
             the
             Sevenths
             time
             ,
             and
             the
             other
             in
             Edward
             the
             Sixths
             time
             :
             I
             shall
             speake
             of
             them
             in
             the
             succeeding
             times
             ,
             when
             we
             come
             at
             them
             ,
             for
             they
             are
             no
             Warrant
             of
             the
             Law
             ,
             in
             these
             times
             whereof
             we
             now
             treat
             ;
             much
             lesse
             is
             the
             modern
             practice
             of
             these
             later
             dayes
             ,
             a
             Demonstration
             of
             the
             Law
             in
             the
             times
             of
             Edward
             the
             Third
             ,
             nor
             of
             the
             Nature
             of
             the
             Law
             in
             any
             time
             ,
             seeing
             that
             it
             is
             obvious
             to
             times
             ,
             as
             well
             as
             particular
             Persons
             ,
             to
             doe
             and
             suffer
             things
             to
             be
             done
             ,
             which
             ought
             not
             so
             to
             be
             ;
             and
             therefore
             I
             shall
             for
             the
             present
             lay
             those
             two
             Considerations
             aside
             .
             But
             as
             touching
             the
             Opinions
             of
             the
             Judges
             of
             the
             Common
             Law
             ,
             two
             Cases
             are
             cited
             in
             the
             Affirmative
             ,
             which
             seeme
             in
             the
             Negative
             ,
             and
             the
             rest
             conclude
             not
             to
             the
             Point
             .
          
           
             The
             first
             of
             the
             two
             cases
             ,
             is
             the
             opinion
             of
             Justice
             Thirning
             in
             the
             time
             of
             Henry
             the
             Fourth
             ,
             word
             for
             word
             ,
             thus
             ,
             
               A
               Protection
               lies
               for
               the
               Defendant
               in
               a
               Writ
               ,
            
             
             
               upon
               the
               Statute
               of
               Labourers
               ,
               and
               yet
               the
               Defendant
               shall
               not
               have
               such
               matter
               by
               way
               of
               Plea
               ,
               Viz.
               That
               the
               King
               hath
               retained
               him
               to
               goe
               beyond
               the
               Sea
               :
               for
               the
               King
               cannot
               compell
               a
               man
               to
               goe
               out
               of
               the
               Kingdome
               ,
            
             That
             is
             ,
             (
             as
             the
             Reporter
             saith
             )
             
               Not
               without
               Wages
            
             ;
             intimating
             thereby
             ,
             that
             if
             the
             King
             shall
             tender
             wages
             to
             any
             man
             ,
             he
             must
             goe
             whither
             the
             King
             shall
             please
             to
             send
             him
             ,
             which
             is
             not
             onely
             destructive
             to
             the
             opinion
             of
             Thirning
             ,
             concerning
             the
             Plea
             ,
             but
             also
             (
             though
             granted
             )
             is
             destructive
             to
             the
             Reporters
             judgement
             in
             the
             main
             point
             :
             For
             if
             an
             English
             man
             may
             refuse
             to
             goe
             without
             wages
             ,
             then
             is
             he
             not
             bound
             to
             goe
             by
             any
             naturall
             absolute
             Legiance
             ,
             as
             the
             Reporter
             would
             have
             it
             .
             And
             as
             touching
             the
             second
             Case
             ,
             which
             is
             Bigots
             and
             Bohuns
             Case
             ,
             
             it
             cleareth
             the
             same
             thing
             ;
             for
             it
             was
             resolved
             ,
             that
             they
             ought
             to
             goe
             but
             in
             manner
             and
             form
             ,
             according
             to
             the
             Statutes
             ,
             then
             is
             not
             the
             ground
             in
             the
             absolute
             Legiance
             ,
             for
             that
             is
             not
             qualified
             ,
             but
             in
             the
             Positive
             Statute-Law
             ,
             which
             tieth
             onely
             in
             manner
             and
             form
             ,
             and
             that
             by
             voluntary
             consent
             in
             Parliament
             .
          
           
             The
             rest
             of
             the
             Cases
             ,
             do
             neither
             conclude
             the
             main
             point
             ,
             nor
             the
             particular
             thing
             that
             the
             Reporter
             intendeth
             :
             for
             he
             would
             imply
             to
             the
             Reader
             ,
             that
             English
             men
             were
             anciently
             used
             to
             be
             imprested
             for
             the
             Warres
             in
             France
             :
             
             and
             hereunto
             he
             voucheth
             one
             Authority
             out
             of
             ancient
             Reports
             of
             Law
             ,
             in
             Edward
             the
             Thirds
             time
             ,
             one
             authority
             in
             the
             time
             of
             Henry
             the
             Fourth
             ,
             and
             three
             in
             the
             time
             of
             Henry
             the
             Sixth
             ;
             none
             of
             all
             which
             doe
             speake
             one
             word
             concerning
             impresting
             ,
             and
             that
             in
             Edward
             the
             hird
             ,
             doth
             imply
             the
             contrary
             ;
             for
             the
             Case
             is
             ,
             that
             in
             a
             
               Praecipe
               quod
               reddat
            
             ,
             a
             Protection
             was
             offered
             by
             the
             Defendant
             ,
             as
             appointed
             to
             goe
             beyond
             Sea
             with
             the
             Duke
             of
             Lancaster
             ;
             and
             the
             Plaintiffes
             Councell
             alledged
             that
             the
             Defendant
             had
             been
             beyond
             Sea
             ,
             with
             the
             Duke
             ,
             and
             was
             returned
             :
             To
             this
             the
             Defendants
             Councell
             answered
             ,
             that
             the
             Duke
             was
             ready
             to
             return
             again
             ;
             and
             for
             this
             cause
             the
             Protection
             was
             allowed
             :
             Yet
             a
             Quere
             is
             made
             upon
             this
             ground
             ,
             that
             it
             might
             be
             that
             the
             Defendant
             would
             not
             goe
             over
             with
             him
             ,
             nor
             was
             it
             proved
             that
             he
             would
             ,
             which
             sheweth
             plainly
             ,
             the
             party
             was
             not
             imprested
             ,
             for
             then
             the
             thing
             had
             not
             been
             in
             his
             power
             to
             will
             or
             nill
             .
          
           
             The
             last
             instance
             that
             the
             Reporter
             produceth
             ,
             is
             that
             of
             
               Forinsecum
               Servitium
            
             ,
             or
             Forrain
             Service
             ,
             and
             that
             seemerh
             to
             be
             Knight
             Service
             to
             be
             performed
             abroad
             :
             But
             this
             falleth
             short
             of
             the
             Reporters
             intention
             in
             three
             respects
             ,
          
           
             First
             ,
             though
             it
             belongeth
             to
             the
             King
             ,
             yet
             not
             to
             him
             onely
             ,
             but
             to
             other
             cheif
             Lords
             ,
             so
             saith
             Bracton
             .
          
           
             Secondly
             ,
             it
             is
             not
             due
             from
             every
             English
             man
             :
             
          
           
             And
             lastly
             ,
             it
             is
             a
             Service
             due
             by
             vertue
             of
             Tenure
             ,
             and
             then
             the
             Conclusion
             will
             be
             ,
             That
             which
             is
             due
             by
             Tenure
             of
             Lands
             ,
             is
             not
             due
             by
             naturall
             and
             absolute
             Legiance
             :
             and
             
             so
             this
             Forrain
             Service
             ,
             arising
             meerly
             by
             compact
             ,
             and
             agreement
             between
             Lord
             and
             Tenant
             ,
             and
             not
             by
             the
             naturall
             duty
             of
             an
             English
             born
             Subject
             ,
             (
             which
             is
             the
             thing
             that
             the
             Reporter
             driveth
             at
             in
             all
             this
             discourse
             )
             will
             be
             so
             far
             from
             maintaining
             the
             Reporters
             opinion
             ,
             as
             it
             will
             evidently
             destroy
             the
             same
             .
          
           
             And
             thus
             the
             Posture
             of
             this
             Nation
             ,
             in
             the
             Feild
             remaineth
             regular
             in
             the
             rule
             ,
             what
             ever
             hath
             been
             said
             against
             it
             ;
             notwithstanding
             ,
             that
             in
             the
             very
             instant
             of
             Action
             ,
             there
             may
             be
             some
             irregularity
             ,
             which
             no
             doubt
             both
             was
             ,
             and
             ever
             will
             be
             ,
             in
             stormy
             times
             ;
             nor
             did
             it
             conquer
             the
             Law
             :
             For
             though
             Warre
             may
             seem
             to
             be
             but
             a
             sicknesse
             of
             the
             State
             ,
             yet
             being
             in
             Truth
             ,
             as
             the
             
               Vltimum
               refugium
            
             ,
             and
             onely
             reserve
             unto
             Law
             ,
             beaten
             to
             a
             retreat
             by
             oppression
             :
             It
             is
             no
             wonder
             if
             this
             motion
             ,
             or
             rather
             commotion
             that
             brings
             on
             the
             Law
             of
             Peace
             in
             the
             reare
             ,
             be
             still
             and
             ever
             subject
             to
             a
             rule
             of
             Law
             ,
             how
             unruly
             soever
             it selfe
             seemeth
             to
             be
             .
             Now
             because
             Law
             imports
             execution
             ,
             and
             that
             presupposes
             a
             triall
             ,
             and
             it
             a
             Court
             ;
             therefore
             did
             our
             Ancestors
             (
             amongst
             other
             Courts
             not
             regulated
             by
             the
             Common
             Law
             )
             forme
             a
             Court
             for
             the
             Service
             of
             Warre
             ,
             called
             The
             Court
             Martiall
             ,
             or
             the
             Constables
             Court
             ,
             according
             as
             the
             Office
             of
             one
             or
             the
             other
             ,
             had
             the
             pre-eminence
             .
             The
             proceedings
             herein
             ,
             were
             ordered
             as
             I
             said
             ,
             not
             according
             to
             the
             Common
             Law
             ,
             for
             that
             is
             like
             the
             Land
             ,
             much
             distant
             from
             all
             other
             Nations
             ,
             and
             the
             negotiation
             of
             this
             Iland
             with
             other
             Nations
             ,
             (
             as
             in
             time
             of
             Peace
             ,
             so
             of
             Warre
             ,
             )
             require
             a
             rule
             common
             to
             all
             those
             Nations
             ,
             or
             otherwise
             no
             negotiation
             can
             be
             maintained
             :
             And
             for
             this
             cause
             ,
             the
             proceedings
             in
             this
             Court
             ,
             were
             ever
             according
             to
             the
             rule
             of
             the
             Civill
             Law
             :
             The
             work
             of
             this
             Court
             is
             principally
             judiciall
             ,
             and
             in
             some
             Cases
             Ministeriall
             .
          
           
             The
             first
             reflects
             upon
             causes
             Forrain
             and
             Domestick
             ,
             and
             both
             of
             those
             ,
             are
             either
             Criminall
             ,
             and
             such
             as
             concern
             the
             common
             Peace
             of
             the
             place
             of
             warre
             ,
             or
             more
             civill
             ,
             relating
             onely
             unto
             private
             interest
             .
             As
             touching
             the
             first
             of
             these
             ,
             I
             suppose
             it
             is
             no
             Bull
             ,
             to
             speake
             of
             a
             Common
             Peace
             ,
             in
             the
             
             place
             of
             Warre
             ;
             for
             a
             Common
             Peace
             must
             be
             in
             each
             party
             within
             it selfe
             ,
             or
             otherwise
             no
             party
             at
             private
             variance
             can
             subsist
             within
             it selfe
             ,
             much
             lesse
             make
             Warre
             with
             the
             other
             ;
             and
             therefore
             in
             order
             unto
             Warre
             ,
             there
             must
             be
             a
             Law
             of
             Peace
             ,
             for
             the
             triall
             of
             Offenders
             ,
             and
             punishing
             them
             ,
             for
             offences
             committed
             against
             the
             good
             government
             of
             the
             Warre
             ;
             such
             as
             are
             breaking
             of
             ranks
             ,
             deserting
             the
             Standard
             ,
             running
             away
             from
             the
             Colours
             ,
             mutinies
             ,
             murders
             ,
             rapes
             ,
             plunderings
             ,
             private
             quarrells
             ,
             disobedience
             to
             command
             ,
             and
             such
             like
             ;
             all
             which
             doe
             bear
             the
             shew
             of
             Crimes
             against
             the
             Common
             Peace
             of
             the
             Army
             ,
             and
             the
             Countrey
             .
          
           
             Of
             the
             second
             sort
             ,
             are
             matters
             concerning
             Quarter
             ,
             and
             Contracts
             in
             order
             to
             the
             government
             of
             the
             Warre
             ,
             saving
             such
             as
             are
             made
             ,
             before
             either
             party
             be
             Inrolled
             for
             the
             Warre
             :
             For
             if
             a
             man
             doth
             covenant
             to
             serve
             in
             the
             Warre
             ,
             
             and
             keepeth
             not
             his
             day
             at
             the
             first
             Rendezvouz
             ,
             he
             is
             to
             be
             attached
             by
             Writ
             at
             the
             Common-Law
             .
             Causes
             Domesticall
             likewise
             fall
             under
             the
             like
             division
             :
             for
             whatsoever
             Cause
             may
             be
             Forrain
             ,
             may
             also
             be
             Domestick
             ;
             because
             the
             Army
             is
             ever
             imbodied
             within
             the
             Kingdom
             ,
             and
             must
             be
             under
             the
             Directory
             of
             the
             Martial-Law
             ,
             upon
             the
             first
             forming
             thereof
             .
             Now
             though
             the
             particular
             Lawes
             of
             the
             Army
             ,
             for
             the
             government
             thereof
             ,
             be
             ordinarily
             according
             to
             the
             Prudence
             of
             the
             Generall
             ,
             yet
             certain
             Fundamentalls
             have
             been
             
               ab
               Antiquo
            
             ,
             made
             by
             Custome
             ,
             and
             the
             Parliament
             ,
             against
             which
             the
             course
             of
             Judicature
             must
             not
             goe
             ;
             and
             as
             the
             Parliament
             saw
             need
             ,
             it
             set
             also
             particular
             Directions
             ,
             
             as
             for
             the
             payment
             of
             Souldiers
             wages
             ,
             for
             remedy
             of
             wastings
             and
             plunderings
             in
             their
             owne
             Countrey
             ,
             and
             other
             such
             Emergencies
             .
             But
             the
             execution
             of
             all
             these
             Lawes
             Originally
             ,
             was
             in
             the
             Martiall
             of
             the
             Army
             ,
             and
             because
             that
             the
             Army
             was
             generally
             dissolved
             ,
             or
             such
             persons
             ingaged
             in
             such
             matters
             of
             Controversie
             ,
             departed
             from
             the
             Army
             ,
             before
             the
             same
             were
             concluded
             .
             Therefore
             the
             Martialls
             Court
             continued
             in
             order
             ,
             to
             the
             determining
             of
             these
             matters
             ;
             and
             in
             continuance
             of
             time
             ,
             other
             matters
             also
             crouded
             
             into
             that
             Society
             ,
             although
             sometimes
             under
             the
             Directory
             of
             the
             Constable
             of
             England
             ,
             as
             well
             as
             at
             other
             times
             under
             the
             Martiall
             ;
             more
             particularly
             ,
             that
             power
             of
             determining
             matters
             concerning
             Torniament
             ,
             a
             sport
             that
             like
             a
             Sarcisme
             tickles
             the
             fancy
             ,
             but
             wounds
             the
             heart
             ,
             and
             being
             of
             as
             little
             use
             in
             a
             Common-Wealth
             ,
             as
             of
             benefit
             ;
             therefore
             is
             laid
             aside
             ,
             nor
             need
             I
             to
             speake
             any
             more
             concerning
             it
             .
             There
             is
             one
             thing
             more
             ,
             somewhat
             like
             a
             Torniament
             ,
             but
             that
             it
             is
             in
             good
             earnest
             ,
             and
             that
             is
             called
             Duell
             .
             This
             commeth
             likewise
             within
             the
             Cognisance
             of
             this
             Court
             ,
             but
             in
             a
             Ministeriall
             way
             ,
             and
             as
             subservient
             to
             the
             Common
             Law
             ,
             in
             Cases
             of
             appeale
             and
             right
             :
             Hereof
             needs
             likewise
             little
             more
             then
             the
             naming
             ,
             and
             therefore
             ,
             I
             shall
             leave
             the
             Reader
             that
             would
             understand
             the
             particular
             managing
             thereof
             ,
             unto
             the
             discourse
             compiled
             by
             the
             Duke
             of
             Glocester
             ,
             
             in
             Richard
             the
             Seconds
             time
             .
          
           
             Lastly
             ,
             as
             touching
             the
             Antiquity
             of
             this
             Court
             ,
             though
             it
             may
             be
             great
             ,
             yet
             the
             power
             thereof
             was
             doubtfull
             ,
             and
             scarce
             taken
             notice
             of
             in
             any
             publique
             Act
             of
             State
             ,
             till
             about
             these
             times
             ;
             when
             as
             a
             complaint
             was
             made
             by
             the
             Commons
             ,
             for
             the
             incroachment
             of
             that
             Court
             ,
             upon
             the
             liberty
             of
             the
             People
             ,
             and
             bounds
             of
             the
             Courts
             of
             Common
             Law
             ;
             Nor
             is
             it
             strange
             ,
             that
             such
             unquiet
             times
             brought
             forth
             such
             Presidents
             ,
             but
             much
             more
             strange
             that
             the
             Common
             Law
             held
             up
             its
             head
             against
             such
             violent
             irruptions
             of
             Warre
             .
          
        
         
           
             CHAP.
             XII
             .
             Of
             the
             Peace
             .
          
           
             YOu
             have
             seen
             the
             Kingdome
             in
             Armor
             ,
             now
             see
             it
             in
             Robes
             ,
             and
             you
             will
             say
             that
             its
             Majesty
             therein
             ,
             is
             as
             grave
             ,
             as
             it
             was
             in
             the
             other
             brave
             .
             It
             s
             true
             ,
             the
             tempers
             are
             so
             contrary
             ,
             as
             it
             may
             be
             wondred
             how
             one
             and
             the
             same
             should
             be
             wise
             and
             willing
             for
             both
             :
             but
             when
             God
             will
             
             doe
             much
             ,
             he
             gives
             much
             ,
             and
             can
             make
             a
             people
             as
             one
             man
             ,
             like
             unto
             Caleb
             ,
             fitted
             both
             for
             Warre
             and
             Peace
             :
             Besides
             ,
             the
             times
             were
             now
             much
             conducing
             hereto
             ,
             its
             vain
             to
             indeavour
             to
             allay
             humours
             in
             the
             body
             ,
             which
             are
             maintained
             by
             Agitation
             ,
             they
             must
             be
             purged
             out
             ,
             or
             the
             whole
             will
             still
             be
             indangered
             :
             and
             therefore
             although
             Kings
             hitherto
             did
             indeavour
             to
             establish
             a
             peaceable
             Government
             ,
             yet
             being
             led
             by
             ill
             Principles
             of
             private
             Interests
             ,
             they
             laboured
             to
             little
             purpose
             :
             but
             now
             the
             Scene
             is
             altered
             ,
             and
             one
             wise
             moderate
             King
             ,
             that
             was
             as
             wise
             as
             valiant
             ,
             did
             more
             then
             they
             all
             :
             And
             first
             set
             a
             rule
             upon
             his
             own
             desires
             ,
             contenting
             himself
             with
             the
             condition
             of
             an
             English
             King
             ;
             and
             then
             upon
             his
             people
             ,
             making
             them
             contented
             with
             the
             condition
             of
             English
             men
             .
          
           
             The
             order
             herein
             was
             no
             lesse
             observable
             ;
             for
             the
             former
             wrangling
             times
             having
             trained
             up
             the
             minds
             of
             men
             in
             a
             tumultuous
             way
             ,
             nor
             could
             they
             skill
             to
             pace
             in
             the
             steps
             of
             Peace
             ,
             the
             King
             led
             them
             into
             Forrain
             parts
             to
             spend
             their
             heat
             ,
             till
             being
             either
             weak
             or
             weary
             ,
             they
             are
             contented
             to
             return
             home
             ,
             and
             study
             the
             happinesse
             of
             a
             quiet
             life
             :
             these
             men
             thus
             ordered
             ,
             the
             rest
             at
             home
             are
             made
             more
             coole
             ,
             like
             a
             body
             after
             Physick
             ,
             and
             all
             are
             now
             contented
             to
             submit
             to
             Law
             and
             Magistracy
             .
             A
             fitting
             time
             now
             it
             was
             for
             Justices
             of
             Peace
             to
             come
             upon
             the
             Stage
             in
             their
             best
             garbe
             :
             For
             though
             the
             work
             was
             more
             ancient
             ,
             yet
             like
             some
             loose
             notes
             laid
             aside
             in
             severall
             places
             ,
             it
             was
             not
             to
             be
             found
             ,
             but
             at
             a
             distance
             ,
             and
             after
             long
             delay
             .
             But
             Edward
             the
             Third
             ,
             sums
             up
             all
             into
             one
             breif
             ,
             and
             brings
             a
             compleate
             modell
             thereof
             into
             the
             World
             for
             future
             Ages
             to
             accomplish
             ,
             as
             occasion
             should
             lead
             the
             way
             .
             The
             cours
             was
             now
             established
             to
             have
             Justices
             settled
             in
             every
             County
             ,
             there
             to
             be
             resident
             and
             attending
             that
             Service
             .
             First
             ,
             they
             were
             named
             Guardians
             ,
             or
             Wardens
             of
             the
             Peace
             ,
             
             but
             within
             a
             few
             yeares
             altered
             their
             Title
             to
             Justices
             .
             First
             ,
             they
             were
             chosen
             out
             of
             the
             good
             and
             lawfull
             men
             of
             each
             County
             :
             After
             that
             they
             were
             two
             or
             three
             chosen
             out
             of
             the
             worthiest
             men
             ,
             and
             these
             were
             to
             be
             joyned
             with
             Lawyers
             .
             Then
             was
             one
             Lord
             
             and
             three
             or
             foure
             in
             each
             County
             of
             the
             most
             worthy
             men
             ,
             
             adjoyned
             with
             Lawyers
             .
             Afterward
             in
             Richard
             the
             Seconds
             time
             ,
             
             the
             number
             of
             Justices
             in
             each
             County
             might
             attain
             to
             the
             number
             of
             six
             ,
             and
             no
             Steward
             of
             any
             Lord
             to
             be
             admitted
             into
             the
             Commission
             :
             but
             within
             half
             a
             yeare
             all
             is
             at
             large
             ,
             so
             be
             it
             that
             the
             choise
             be
             out
             of
             the
             most
             sufficient
             Knights
             ,
             
             Esquires
             ,
             and
             Gentlemen
             of
             the
             County
             .
             Again
             ,
             within
             two
             yeares
             ,
             the
             number
             in
             each
             County
             ,
             is
             set
             at
             eight
             ,
             yet
             in
             all
             these
             ,
             the
             Judges
             and
             Serjeants
             were
             not
             reckoned
             ,
             so
             as
             the
             work
             then
             seemeth
             not
             so
             much
             as
             now
             a
             dayes
             ,
             although
             it
             was
             much
             of
             the
             same
             kinde
             ;
             and
             yet
             it
             grew
             up
             into
             that
             greatnesse
             which
             it
             had
             by
             degrees
             .
             Before
             ,
             they
             were
             settled
             by
             Edward
             the
             Third
             ,
             there
             were
             
               Custodes
               pacis
            
             ,
             which
             might
             be
             those
             whom
             we
             now
             a
             dayes
             call
             the
             High-Constable
             of
             the
             Hundred
             ,
             whose
             work
             was
             purely
             Ministeriall
             .
          
           
             Afterward
             about
             the
             second
             yeare
             of
             Edward
             the
             Third
             ,
             the
             Guardians
             of
             the
             Peace
             had
             power
             of
             Oier
             and
             Terminer
             ,
             in
             matters
             of
             riding
             Armed
             upon
             the
             Statute
             2.
             
             Ed.
             3.
             
             After
             that
             ,
             
             they
             have
             power
             of
             inquiry
             by
             Indictment
             in
             certain
             Cases
             ,
             within
             foure
             yeares
             after
             they
             have
             power
             of
             Oier
             and
             Terminer
             in
             Cases
             of
             false
             Jurors
             ,
             and
             maintenance
             :
             and
             about
             tenne
             years
             after
             that
             ,
             they
             obtained
             like
             power
             ,
             in
             matters
             of
             Fellony
             and
             Trespasse
             .
             The
             way
             of
             Commissions
             in
             case
             of
             life
             and
             member
             thus
             opened
             ;
             another
             occasion
             of
             Commission
             offers
             it self
             for
             a
             determinative
             power
             ,
             in
             case
             of
             offences
             against
             the
             Statute
             of
             Labourers
             ,
             and
             the
             Cognisance
             hereof
             is
             soon
             settled
             upon
             Commissioners
             in
             the
             Counties
             specially
             chosen
             for
             that
             Service
             ,
             
             which
             questionlesse
             as
             the
             times
             then
             stood
             ,
             was
             as
             commendable
             work
             as
             it
             was
             necessary
             :
             For
             Souldiers
             were
             so
             many
             that
             Labourers
             were
             very
             few
             ;
             and
             those
             that
             once
             are
             accustomed
             to
             Armes
             ,
             thinke
             ever
             after
             meanly
             of
             the
             handycraft
             ;
             nor
             will
             they
             ever
             stoop
             thereto
             after
             their
             Spirits
             are
             once
             elivated
             by
             Mastery
             of
             Adventures
             .
             And
             secondly
             ,
             those
             few
             Labourers
             that
             remained
             of
             the
             Sword
             ,
             Plague
             ,
             and
             other
             disasters
             of
             these
             wasting
             times
             ,
             understood
             their
             advantage
             ,
             
             and
             set
             a
             value
             upon
             their
             labours
             ,
             far
             above
             their
             merit
             ,
             apprehending
             that
             men
             would
             rather
             part
             with
             too
             much
             of
             a
             little
             ,
             then
             to
             let
             their
             work
             lie
             still
             ,
             that
             must
             bring
             them
             in
             all
             they
             have
             ;
             but
             these
             Commissioners
             lasted
             not
             long
             ,
             though
             the
             worke
             did
             :
             The
             Justices
             of
             Peace
             are
             looked
             upon
             as
             meet
             for
             that
             service
             ,
             
             and
             its
             a
             vain
             thing
             to
             multiply
             Commissions
             ,
             where
             the
             work
             may
             be
             done
             by
             one
             ,
             that
             before
             this
             time
             had
             obtained
             an
             additionall
             Cognisance
             of
             all
             Causes
             of
             Riots
             ,
             Batteries
             ,
             wandering
             dangerous
             Persons
             ,
             and
             offences
             in
             Weights
             and
             Measures
             ,
             and
             in
             Purveiance
             .
             
             To
             them
             ,
             I
             say
             ,
             all
             this
             work
             concerning
             Labourers
             ,
             is
             also
             committed
             by
             the
             Parliament
             ;
             and
             herewith
             a
             way
             was
             laid
             open
             for
             Crimes
             of
             greatest
             regard
             under
             Fellony
             ,
             to
             be
             determined
             by
             triall
             in
             the
             Countrey
             ,
             according
             to
             the
             course
             of
             Common
             Law.
             The
             issue
             of
             all
             which
             was
             not
             only
             ease
             to
             the
             People
             ,
             but
             a
             great
             escape
             from
             the
             rigor
             of
             the
             Councel-Table
             in
             the
             Star-Chamber
             ,
             and
             the
             Kings-Bench
             at
             Westminster
             ,
             on
             the
             one
             side
             ,
             and
             also
             from
             the
             gripe
             of
             the
             Clergy
             on
             the
             other
             ;
             who
             hitherto
             held
             the
             Cognisance
             of
             the
             Markets
             in
             Weights
             and
             Measures
             to
             themselves
             .
             This
             modell
             so
             pleased
             all
             men
             ,
             that
             Richard
             the
             Second
             ,
             that
             was
             pleased
             with
             nothing
             but
             his
             owne
             pleasure
             ,
             gave
             unto
             the
             Justices
             of
             Peace
             yet
             further
             power
             to
             execute
             the
             Statute
             at
             Northampton
             ,
             against
             riotous
             ridings
             ,
             
             and
             to
             settle
             the
             wages
             of
             Labourers
             and
             Servants
             ,
             to
             punish
             unlawfull
             Huntings
             by
             the
             meaner
             sort
             of
             people
             ,
             and
             regrators
             of
             Wooll
             ,
             
             fals
             Weights
             in
             the
             Staple
             ,
             unlawfull
             wearing
             of
             Liveries
             ,
             and
             unlawfull
             fishings
             ,
             contrary
             to
             the
             Statute
             at
             Westminster
             ,
             2.
             
             Thus
             was
             the
             power
             of
             Justices
             of
             the
             Peace
             grown
             to
             that
             heighth
             in
             these
             and
             other
             things
             ,
             that
             it
             undermined
             ,
             not
             onely
             the
             Councel-Table
             and
             Kings
             Bench
             ,
             but
             the
             Commissions
             of
             Gaole
             delivery
             ,
             and
             of
             Oier
             and
             Terminer
             ,
             so
             farre
             forth
             as
             their
             work
             was
             ,
             much
             lesse
             then
             formerly
             ,
             for
             Neighbous
             in
             cases
             of
             Crime
             ,
             are
             better
             trusted
             ,
             with
             the
             lives
             and
             estates
             of
             men
             ,
             then
             strangers
             ,
             so
             as
             in
             all
             this
             the
             people
             are
             still
             the
             gainers
             .
          
           
             The
             manner
             of
             Judicature
             by
             these
             Justices
             of
             the
             Peace
             
             still
             remains
             :
             nothing
             appears
             by
             any
             Statute
             in
             these
             times
             ,
             that
             one
             Justice
             of
             the
             Peace
             might
             doe
             alone
             ,
             
             but
             record
             a
             forcible
             detainer
             ,
             although
             questionlesse
             in
             point
             of
             present
             security
             of
             the
             Peace
             and
             good
             behavior
             by
             the
             intent
             of
             the
             Statutes
             ,
             he
             might
             doe
             many
             things
             ,
             but
             in
             Cases
             of
             Oier
             and
             Terminer
             ,
             all
             must
             be
             done
             in
             publique
             Sessions
             ,
             which
             the
             Justices
             of
             the
             Peace
             had
             power
             to
             hold
             by
             Commission
             onely
             ,
             untill
             the
             thirty
             sixth
             year
             of
             Edward
             the
             Third
             ,
             and
             ever
             after
             that
             they
             held
             their
             Sessions
             ,
             by
             vertue
             of
             the
             Statutes
             ,
             
             and
             had
             power
             to
             determine
             divers
             things
             in
             their
             Sessions
             ,
             according
             to
             discretion
             .
             These
             were
             remedies
             after
             the
             Fact
             ,
             now
             see
             what
             preventing
             Physick
             these
             times
             afforded
             .
          
           
             One
             thing
             that
             much
             irritated
             the
             spirits
             of
             men
             into
             discontents
             ,
             was
             false
             newes
             ,
             or
             slanderous
             reports
             ,
             raised
             and
             spread
             amongst
             the
             great
             men
             :
             For
             in
             these
             times
             the
             Lords
             were
             of
             such
             considerable
             a
             power
             as
             the
             vexation
             of
             one
             Lord
             ,
             proved
             the
             vexation
             of
             a
             multitude
             of
             the
             meaner
             sort
             ;
             and
             though
             the
             Statute
             of
             Westminster
             the
             1.
             formerly
             had
             provided
             against
             such
             tales
             ,
             yet
             it
             touched
             onely
             such
             as
             concerned
             discord
             between
             the
             King
             and
             People
             ,
             although
             by
             implication
             also
             it
             might
             be
             construed
             to
             extend
             further
             .
             But
             Richard
             the
             Second
             ,
             willing
             to
             live
             in
             quiet
             ,
             that
             he
             might
             injoy
             his
             pleasure
             ,
             would
             have
             the
             people
             know
             their
             duties
             in
             plain
             words
             ,
             
             and
             agreed
             to
             a
             Law
             ,
             that
             all
             such
             as
             published
             such
             false
             newes
             ,
             tending
             to
             sow
             strife
             between
             the
             great
             men
             ,
             
             should
             be
             imprisoned
             untill
             the
             first
             mover
             was
             found
             ,
             and
             if
             he
             were
             not
             found
             ,
             then
             the
             Relator
             should
             be
             punished
             by
             advice
             of
             the
             Councell
             :
             So
             much
             power
             was
             then
             given
             to
             the
             Councell
             ,
             what
             ever
             it
             was
             .
          
           
             Thus
             the
             seed
             was
             choked
             ,
             or
             was
             so
             intended
             to
             be
             ,
             though
             every
             passion
             was
             not
             thus
             suppressed
             :
             For
             some
             angers
             conquer
             all
             feare
             ,
             and
             will
             hold
             possession
             ,
             come
             what
             will
             :
             In
             the
             next
             place
             therefore
             ,
             provision
             is
             made
             against
             the
             first
             actings
             in
             sorting
             of
             parties
             ,
             by
             tokens
             and
             liveries
             ;
             utterly
             inhibiting
             the
             meaner
             sort
             of
             the
             people
             ,
             from
             giving
             of
             Liveries
             to
             maintain
             quarrells
             ,
             
             upon
             pain
             of
             Fine
             and
             Imprisonment
             ,
             
             and
             the
             triall
             to
             be
             before
             the
             Justices
             of
             Assize
             ,
             which
             it
             seems
             was
             in
             affirmance
             of
             former
             Lawes
             ,
             as
             by
             the
             Preamble
             of
             the
             Statute
             doth
             appeare
             ,
             though
             the
             Lawes
             themselves
             are
             not
             extant
             .
             About
             fifteen
             years
             after
             ,
             it
             was
             by
             sad
             experience
             found
             ,
             that
             the
             Lords
             maintained
             quarrells
             by
             multitude
             of
             Liveries
             ,
             and
             therefore
             another
             Law
             was
             made
             inhibiting
             the
             Lords
             to
             give
             Liveries
             to
             any
             ,
             
             but
             their
             meniall
             Servants
             ;
             and
             it
             s
             ordered
             ,
             that
             the
             Justices
             of
             the
             Peace
             ,
             shall
             make
             inquiry
             of
             such
             offences
             ,
             and
             punish
             them
             according
             to
             their
             discretion
             .
          
           
             A
             third
             prevention
             was
             provided
             against
             gathering
             together
             of
             parties
             ,
             after
             they
             are
             sorted
             .
             For
             the
             humors
             may
             so
             abound
             ,
             as
             nothing
             will
             keep
             them
             in
             ;
             they
             must
             either
             breake
             out
             into
             a
             sore
             ,
             or
             a
             long
             sicknes
             of
             State
             will
             certainly
             follow
             ;
             To
             this
             end
             therefore
             ,
             the
             Statute
             made
             at
             Northampton
             ,
             
             is
             again
             revived
             ,
             expresly
             forbidding
             all
             Persons
             to
             ride
             Armed
             ,
             unles
             in
             some
             particular
             Cases
             of
             executing
             Justice
             ,
             or
             guarding
             the
             Person
             of
             the
             King
             ,
             or
             his
             Justices
             ,
             and
             such
             like
             :
             And
             if
             men
             will
             be
             so
             adventerous
             ,
             as
             to
             outdare
             Law
             ,
             by
             publique
             force
             ,
             Troopings
             together
             ,
             and
             Riotous
             ridings
             :
             Another
             course
             is
             taken
             ,
             not
             by
             Commission
             of
             the
             Peace
             ,
             but
             rather
             of
             Warre
             ,
             directed
             unto
             valiant
             persons
             in
             every
             County
             ,
             and
             they
             have
             power
             thereby
             to
             apprehend
             such
             Offenders
             ,
             and
             imprison
             them
             untill
             the
             Goale-delivery
             ,
             though
             no
             Indictment
             be
             found
             thereof
             ,
             untill
             the
             Goale-delivery
             shall
             be
             .
             By
             this
             Commission
             therefore
             power
             is
             given
             of
             
               Posse
               Comitatus
            
             ,
             in
             nature
             of
             a
             Commission
             of
             Array
             ,
             with
             an
             additionall
             power
             of
             fighting
             and
             destroying
             ,
             so
             as
             though
             the
             King
             granteth
             the
             Power
             by
             the
             Commission
             ,
             yet
             the
             Parliament
             giveth
             the
             power
             to
             the
             Commission
             ;
             and
             be
             it
             a
             Commission
             for
             Peace
             or
             Warre
             ,
             it
             is
             Originally
             from
             that
             power
             .
          
           
             The
             fourth
             and
             last
             prevention
             ,
             was
             the
             taking
             away
             means
             of
             continuance
             and
             supporting
             such
             Riotous
             wayes
             ,
             
             
               Viz.
               Castles
               and
               Goales
               out
               of
               the
               Custody
               of
               private
               hands
               ,
               and
               restoring
               them
               to
               their
               Counties
               .
            
             :
             For
             Goales
             and
             Castles
             are
             taken
             promiscuously
             for
             places
             of
             security
             ,
             in
             times
             of
             Peace
             
             to
             keep
             ill
             persons
             from
             going
             out
             ,
             and
             in
             times
             of
             Warre
             ,
             from
             getting
             in
             :
             Amongst
             these
             ,
             some
             belonged
             to
             the
             King
             ,
             and
             were
             committed
             to
             such
             as
             he
             favoured
             ,
             who
             commonly
             (
             in
             such
             times
             of
             Oppression
             and
             Violence
             )
             grew
             too
             big
             for
             Justice
             ,
             usurping
             a
             Gaole-delivery
             ,
             and
             making
             such
             places
             of
             strength
             many
             times
             ,
             even
             to
             the
             innocent
             ,
             a
             Prison
             to
             keep
             them
             from
             the
             Law
             ,
             but
             unto
             guilty
             persons
             an
             Assilum
             to
             defend
             them
             against
             the
             Law.
             And
             these
             thus
             belonging
             to
             the
             King
             ,
             were
             under
             no
             Law
             ,
             but
             of
             Prerogative
             ,
             whereas
             other
             Castles
             of
             private
             persons
             were
             under
             the
             yoake
             of
             the
             Statute
             ,
             13
             E.
             1.
             
             For
             remedy
             of
             all
             which
             ,
             the
             Kings
             Castles
             are
             once
             more
             returned
             to
             the
             Sheriffes
             Custody
             ,
             by
             Act
             of
             Parliament
             ;
             who
             questionlesse
             hath
             the
             power
             to
             dispose
             of
             all
             places
             of
             Strength
             ,
             whether
             in
             order
             to
             Peace
             ,
             or
             Warre
             ,
             and
             could
             not
             dispose
             them
             into
             a
             more
             fafe
             ,
             and
             indifferent
             hand
             ,
             then
             the
             Sheriffes
             ;
             who
             is
             as
             well
             the
             Kings
             Officer
             ,
             as
             the
             Kingdomes
             Servant
             ,
             and
             much
             intrusted
             by
             the
             Law
             in
             the
             execution
             of
             its
             owne
             power
             .
             And
             thus
             is
             this
             Nation
             now
             prepared
             for
             a
             settled
             Peace
             ,
             a
             Condition
             that
             is
             long
             in
             ripening
             ,
             and
             soon
             rotten
             ,
             unlesse
             it
             be
             well
             fenced
             ,
             and
             over-awed
             by
             a
             good
             Conscience
             :
             But
             Richard
             the
             Second
             ,
             was
             neither
             so
             good
             ,
             nor
             so
             happy
             ;
             his
             Heart
             affected
             to
             be
             high
             ,
             but
             his
             Head
             could
             not
             bear
             it
             ;
             he
             turns
             giddy
             ,
             and
             runs
             far
             wide
             :
             Those
             that
             would
             reduce
             him
             ,
             he
             inforces
             into
             Forrain
             Countries
             ;
             and
             himselfe
             holds
             on
             his
             careere
             over
             hedge
             and
             ditch
             into
             Ireland
             ,
             where
             under
             pretention
             of
             holding
             Possession
             of
             that
             Kingdome
             ,
             he
             lost
             England
             ,
             and
             whiles
             he
             playes
             his
             game
             in
             that
             Country
             ,
             another
             playes
             King
             ,
             by
             your
             leave
             ,
             in
             this
             ,
             and
             steps
             into
             the
             Throne
             ;
             teaching
             the
             King
             thereby
             this
             lesson
             ,
             though
             too
             late
             ;
             
               That
               Nonresidency
               is
               dangerous
               for
               a
               Preist
               ,
               but
               unto
               a
               Prince
               ,
               fatall
               ,
               unlesse
               his
               Subjests
               be
               fast
               to
               him
               ,
               when
               he
               is
               loose
               to
               them
               .
            
          
        
         
           
           
             CHAP.
             XIII
             .
             A
             view
             of
             the
             summary
             Courses
             of
             Henry
             the
             Fourth
             ,
             Henry
             the
             Fifth
             ,
             and
             Henry
             the
             Sixth
             ,
             in
             their
             severall
             Reignes
             .
          
           
             HE
             that
             played
             this
             pranke
             was
             the
             banished
             Duke
             of
             Hertford
             ,
             sonne
             of
             John
             of
             Gaunt
             ,
             and
             by
             his
             death
             ,
             now
             become
             Duke
             of
             Lancaster
             by
             Title
             ,
             and
             as
             the
             times
             then
             were
             ,
             it
             proved
             not
             hard
             to
             get
             more
             :
             For
             in
             uncertain
             Common-wealths
             ,
             it
             is
             an
             easie
             thing
             for
             a
             man
             of
             opinion
             ,
             that
             hath
             lesse
             then
             his
             due
             ,
             to
             get
             more
             then
             he
             ought
             .
             As
             sonne
             of
             John
             of
             Gaunt
             ,
             this
             Duke
             had
             the
             peoples
             good
             wishes
             ;
             he
             (
             a
             wise
             and
             a
             brave
             man
             ,
             and
             under
             oppression
             )
             gained
             the
             more
             upon
             the
             people
             ,
             by
             how
             much
             they
             love
             brave
             men
             ,
             and
             compassionate
             ,
             such
             as
             suffer
             wrong
             ,
             especially
             from
             such
             persons
             ,
             from
             whom
             they
             all
             found
             the
             like
             measure
             .
             All
             these
             concurring
             with
             the
             Kings
             absence
             ,
             invited
             the
             Duke
             to
             adventure
             himself
             upon
             the
             influence
             of
             the
             peoples
             favour
             ,
             to
             gain
             his
             own
             right
             ,
             and
             what
             more
             the
             people
             would
             allow
             him
             ;
             and
             if
             no
             more
             ,
             yet
             his
             Honour
             is
             saved
             ,
             he
             came
             for
             his
             own
             ,
             and
             attained
             his
             end
             .
          
           
             Thus
             then
             he
             comes
             over
             ,
             without
             Army
             ,
             or
             Forraine
             power
             ,
             or
             other
             help
             ,
             saving
             the
             advice
             and
             interest
             of
             Arch-Bishop
             Arundell
             ,
             who
             was
             his
             Companion
             in
             suffering
             ,
             Partner
             in
             the
             Cause
             ,
             and
             no
             lesse
             welcome
             to
             the
             Clergy
             ,
             then
             the
             Duke
             himself
             was
             to
             the
             people
             ;
             and
             so
             gained
             power
             to
             the
             Duke
             ,
             though
             he
             brought
             none
             .
             Upon
             their
             Arivall
             the
             aspects
             of
             all
             are
             benigne
             ;
             the
             Dukedome
             waits
             for
             him
             ,
             
             and
             in
             that
             ,
             as
             in
             a
             mirrour
             he
             beholds
             the
             way
             fair
             and
             easie
             ;
             yet
             further
             ,
             it
             pities
             him
             to
             see
             the
             Kingdome
             so
             torne
             in
             peices
             and
             spoyled
             :
             The
             People
             knew
             him
             able
             ,
             and
             hoped
             him
             willing
             to
             amend
             all
             ;
             they
             offer
             him
             their
             Service
             ,
             which
             he
             accepts
             ,
             and
             therewith
             the
             Crowne
             :
             so
             hard
             a
             thing
             it
             is
             for
             to
             put
             a
             stop
             to
             a
             Conquerour
             in
             his
             careere
             .
          
           
             By
             this
             time
             was
             the
             Duke
             of
             Hertford
             thus
             become
             Duke
             of
             Lancaster
             ,
             and
             King
             of
             England
             ,
             under
             the
             name
             of
             Henry
             the
             Fourth
             ,
             by
             a
             designe
             ,
             that
             in
             the
             proof
             was
             more
             easie
             then
             commendable
             ;
             and
             which
             being
             effected
             ,
             cost
             more
             skill
             to
             make
             that
             seem
             fair
             ,
             which
             was
             so
             foul
             ,
             then
             to
             accomplish
             the
             thing
             .
             He
             therefore
             first
             heaps
             together
             Titles
             ,
             enough
             to
             have
             buried
             the
             clamour
             of
             Usurpation
             ,
             if
             it
             would
             have
             succeeded
             .
             Conquest
             was
             a
             Title
             freest
             from
             dispute
             ,
             whiles
             Power
             holds
             ;
             but
             it
             lookes
             better
             from
             a
             Forrain
             Enemy
             ,
             then
             one
             sworn
             to
             the
             English
             Crowne
             ;
             and
             therefore
             after
             that
             had
             served
             his
             turne
             ,
             he
             disclaymed
             it
             as
             that
             which
             was
             ,
             though
             meet
             enough
             to
             have
             ,
             yet
             unmeet
             to
             hold
             .
          
           
             His
             right
             by
             Designation
             from
             his
             Predecessour
             ,
             he
             glanced
             upon
             ,
             but
             durst
             not
             adventure
             it
             too
             deep
             into
             the
             Peoples
             consideration
             ,
             whose
             Ancestors
             had
             formerly
             over-ruled
             the
             Case
             against
             King
             John.
             He
             then
             stayed
             upon
             a
             concealed
             Title
             ,
             from
             a
             concealed
             Sonne
             of
             Henry
             the
             Third
             ,
             of
             whom
             they
             who
             listed
             might
             be
             perswaded
             ;
             but
             few
             beleived
             the
             thing
             ,
             nor
             did
             himself
             ,
             but
             thence
             takes
             his
             flight
             up
             to
             a
             
               Jus
               Divinum
            
             ,
             or
             some
             hidden
             Fate
             that
             called
             him
             to
             the
             worke
             ;
             but
             even
             there
             his
             wings
             failed
             him
             ,
             and
             so
             he
             falls
             flat
             upon
             the
             Peoples
             Election
             ,
             
               De
               bene
               esse
            
             .
             Some
             of
             these
             ,
             or
             all
             together
             might
             make
             Title
             enough
             for
             a
             great
             man
             that
             resolved
             to
             hold
             by
             hooke
             ,
             what
             he
             had
             got
             by
             crooke
             ;
             and
             therefore
             trussing
             them
             up
             all
             together
             ,
             he
             enters
             his
             claime
             to
             the
             Crown
             ,
             
               As
               comming
               from
               the
               blood
               Royall
               from
               King
            
             Henry
             ,
             
               and
               through
               the
               Right
               that
               God
               his
               grace
               hath
               sent
               me
               ;
               with
               the
               help
               of
               my
               Kinne
               ,
               and
               Freinds
               ,
               to
               recover
               the
               same
               ,
               which
               was
               in
               point
               to
               be
               undone
               ,
               for
               want
               of
               good
               Governance
               ,
               and
               due
               Justice
            
             :
             The
             extract
             of
             all
             ,
             is
             ,
             that
             he
             was
             chosen
             
             by
             the
             People
             and
             Parliament
             then
             sitting
             :
             And
             allbeit
             that
             by
             the
             Resignation
             of
             Richard
             the
             Second
             ,
             the
             Parliament
             might
             seem
             ,
             in
             strict
             construction
             of
             Law
             ,
             to
             be
             expired
             ,
             together
             with
             the
             Kings
             power
             ,
             who
             called
             them
             together
             ,
             yet
             did
             not
             that
             Parliament
             so
             apprehend
             the
             matter
             ,
             but
             proceeded
             ,
             not
             onely
             to
             definitive
             Sentence
             of
             Deposing
             him
             ,
             but
             declared
             themselves
             by
             their
             Commissaries
             ,
             to
             be
             the
             three
             States
             ,
             and
             Representative
             of
             the
             People
             of
             England
             ,
             maintaining
             thereby
             their
             subsistency
             by
             the
             Consistence
             of
             the
             Members
             together
             ,
             although
             their
             Cheif
             was
             for
             the
             present
             like
             a
             head
             in
             a
             trance
             ,
             till
             they
             had
             chosen
             Henry
             the
             Fourth
             to
             succeed
             in
             the
             Throne
             ,
             by
             this
             means
             preventing
             the
             conceit
             of
             discontinuance
             in
             the
             very
             Bud
             of
             the
             Notion
             .
          
           
             Much
             like
             his
             entry
             was
             his
             continuance
             ,
             a
             continuall
             tide
             of
             Forraine
             and
             Domesticke
             Warre
             and
             Conspiracy
             ,
             enough
             to
             exercise
             his
             great
             Courage
             ,
             although
             he
             was
             more
             Wise
             then
             Warlike
             ,
             being
             loath
             to
             take
             up
             Armes
             ;
             (
             for
             well
             he
             knew
             ,
             that
             a
             sick
             Title
             never
             sleeps
             but
             in
             a
             Bed
             of
             Peace
             )
             and
             more
             loth
             to
             lay
             them
             down
             ;
             for
             besides
             Victory
             ,
             whereby
             he
             gained
             upon
             his
             Enemies
             in
             time
             of
             Warre
             ;
             he
             knew
             how
             to
             make
             advantage
             of
             them
             in
             time
             of
             Peace
             ,
             to
             secure
             his
             Freinds
             to
             keep
             others
             in
             awe
             ,
             to
             inforce
             such
             Lawes
             as
             stood
             with
             reason
             of
             State
             ,
             and
             the
             present
             posture
             of
             Affaires
             ,
             and
             where
             Lawes
             failed
             ,
             to
             fill
             up
             the
             period
             with
             Dictates
             of
             his
             owne
             will.
             And
             upon
             this
             Account
             the
             Product
             was
             a
             government
             full
             of
             Ulcers
             ,
             of
             Blood-shed
             ,
             without
             regard
             of
             Persons
             ,
             whether
             of
             the
             Lay
             ,
             or
             Religious
             Order
             ,
             without
             Legall
             triall
             ,
             or
             priviledge
             of
             Clerke
             .
             So
             was
             Arch
             Bishop
             Walden
             Dethroned
             ,
             Arch
             Bishop
             Scroope
             put
             to
             death
             ,
             and
             Dukes
             were
             dismounted
             without
             Conviction
             ,
             or
             Imputation
             ,
             saving
             of
             the
             Kings
             displeasure
             :
             Taxes
             multiplied
             ,
             although
             begotten
             they
             were
             upon
             the
             Parliament
             ,
             like
             some
             monstrous
             Births
             shewne
             to
             the
             World
             ,
             to
             let
             it
             know
             what
             could
             be
             done
             ;
             but
             concealed
             by
             Historians
             ,
             
             to
             let
             it
             know
             what
             may
             not
             be
             done
             .
             Yea
             ,
             the
             priviledges
             of
             Parliament
             invaded
             in
             point
             of
             Election
             :
             A
             thing
             that
             
             none
             of
             his
             Predecessors
             ever
             Exemplyfied
             to
             him
             ,
             nor
             none
             of
             his
             Successors
             ever
             Imitated
             him
             in
             ;
             nor
             had
             he
             purposed
             it
             ,
             but
             that
             he
             was
             loath
             the
             People
             should
             know
             more
             of
             the
             Government
             then
             needs
             must
             .
          
           
             To
             keep
             off
             Forrain
             troubles
             ,
             he
             made
             Peace
             with
             France
             ,
             for
             longer
             time
             then
             he
             lived
             ;
             yet
             was
             ever
             infested
             with
             the
             Sword
             of
             Saint
             Paul
             ,
             in
             behalf
             of
             Richard
             the
             Seconds
             Queene
             ,
             and
             with
             the
             Factions
             betweene
             the
             Houses
             of
             Orleance
             ,
             and
             Burgundy
             ,
             in
             which
             he
             had
             interested
             himselfe
             to
             preserve
             the
             Forraine
             Neighbour-hood
             in
             Parties
             one
             against
             another
             ,
             that
             himselfe
             might
             attend
             his
             owne
             Security
             at
             home
             .
             He
             would
             have
             moved
             the
             Scots
             ,
             but
             they
             were
             already
             under
             English
             Banners
             ;
             nor
             could
             he
             reach
             so
             farre
             ,
             having
             so
             many
             Enemies
             even
             in
             his
             owne
             bosome
             .
             The
             Welsh
             were
             big
             with
             Antiquity
             ,
             and
             Mountains
             of
             Defence
             ;
             they
             beginne
             to
             bethinke
             themselves
             of
             their
             Ancient
             Principality
             ,
             hold
             the
             Kings
             Armes
             at
             hard
             Duty
             ,
             
             till
             by
             Lawes
             enacted
             in
             Parliament
             ,
             they
             lost
             their
             Liberties
             of
             bearing
             Office
             Ministeriall
             ,
             or
             of
             Judicature
             ,
             of
             holding
             Castle
             ,
             of
             Convention
             without
             the
             Kings
             Licence
             ,
             yea
             ,
             of
             Purchase
             ;
             and
             so
             by
             degrees
             were
             brought
             downe
             from
             the
             height
             of
             a
             Free
             Principality
             to
             be
             starved
             in
             their
             Power
             ,
             and
             inferiour
             to
             a
             Free
             People
             .
             And
             thus
             the
             Welsh
             on
             the
             one
             side
             ,
             the
             discontented
             Lords
             on
             the
             other
             ;
             and
             Mortimars
             Title
             in
             all
             ,
             so
             busied
             the
             King
             ,
             as
             though
             he
             lopped
             off
             the
             tops
             as
             they
             sprang
             up
             ,
             yet
             they
             sprang
             forth
             as
             they
             were
             lopped
             ;
             nor
             was
             it
             the
             Kings
             lot
             all
             this
             while
             to
             finde
             out
             the
             Root
             of
             All
             ,
             or
             to
             strike
             at
             that
             .
          
           
             Lastly
             ,
             when
             time
             had
             made
             all
             troublers
             weary
             ,
             yet
             he
             stil
             sits
             upon
             thornes
             ;
             he
             was
             jealous
             of
             his
             Subjects
             ,
             jealous
             of
             his
             Son
             ,
             yea
             jealous
             of
             himself
             .
             It
             being
             ever
             the
             first
             and
             last
             of
             his
             thoughts
             ,
             how
             to
             keep
             his
             Crowne
             .
             For
             the
             most
             part
             of
             his
             Reigne
             ,
             he
             was
             troubled
             with
             the
             walking
             Ghosts
             of
             Richard
             the
             second
             ;
             ever
             and
             anon
             he
             was
             alive
             ,
             he
             was
             here
             ,
             he
             was
             there
             ,
             and
             so
             the
             Peoples
             mindes
             were
             alwayes
             kept
             at
             random
             ;
             but
             when
             all
             these
             
             Spirits
             are
             conjured
             downe
             ,
             Richard
             the
             seconds
             Ghoste
             is
             yet
             within
             Henries
             owne
             breast
             .
             So
             ruled
             Henry
             the
             fourth
             ,
             an
             unhappy
             confident
             man
             ,
             that
             durst
             undertake
             more
             then
             he
             would
             ,
             did
             more
             then
             he
             ought
             ,
             was
             successfull
             in
             what
             he
             did
             ,
             yet
             never
             attained
             his
             end
             ;
             to
             be
             sure
             of
             his
             Crowne
             ,
             and
             quiet
             of
             minde
             .
             For
             a
             plaister
             to
             this
             sore
             ,
             he
             turned
             somewhat
             towards
             Religion
             ;
             but
             shewed
             it
             more
             in
             Zeale
             to
             Church-men
             ,
             then
             workes
             of
             Piety
             ,
             and
             therefore
             may
             be
             thought
             to
             regard
             them
             ,
             rather
             as
             his
             best
             freinds
             in
             right
             of
             Arch
             Bishop
             Arundell
             ,
             then
             as
             in
             relation
             to
             Religion
             ;
             yet
             as
             if
             he
             overlooked
             that
             ,
             
             he
             desires
             their
             prayers
             ,
             becomes
             a
             strict
             observer
             of
             superstitious
             rights
             ,
             is
             fiery
             Zealous
             against
             the
             Lollards
             ,
             intends
             a
             journey
             into
             the
             holy
             Land
             ,
             and
             Warr
             against
             the
             Infidels
             ,
             (
             the
             common
             Physick
             of
             guilty
             Kings
             in
             those
             dayes
             .
             )
             Breifly
             ,
             he
             did
             will
             to
             do
             any
             thing
             but
             undoe
             what
             he
             had
             done
             ;
             and
             had
             done
             more
             ,
             had
             his
             journey
             to
             the
             holy
             Land
             succeeded
             ;
             but
             (
             whither
             hastned
             or
             delayed
             ,
             by
             a
             prophesie
             of
             the
             ending
             of
             his
             dayes
             ,
             falls
             not
             within
             my
             Penn
             to
             censure
             :
             )
             entring
             upon
             the
             worke
             he
             died
             ;
             in
             the
             beginning
             of
             his
             purposes
             ,
             in
             the
             midst
             of
             his
             feares
             ,
             never
             came
             to
             the
             holy
             Land
             ,
             and
             yet
             yeilded
             up
             his
             last
             breath
             in
             Jerusalem
             .
          
           
             THe
             Parliament
             was
             then
             sitting
             ,
             
             and
             was
             witnesse
             of
             the
             death
             of
             Henry
             the
             fourth
             ,
             as
             it
             had
             beene
             of
             his
             entrance
             upon
             the
             Throne
             ,
             as
             if
             purposed
             to
             see
             to
             the
             cours
             of
             the
             Crowne
             ,
             in
             the
             doubtfull
             currant
             ;
             betweene
             the
             two
             Houses
             of
             Lancaster
             ,
             and
             Yorke
             ,
             and
             to
             maintaine
             their
             own
             honor
             in
             directing
             the
             Scepter
             according
             to
             their
             warranty
             upon
             a
             late
             intaile
             by
             act
             of
             Parliament
             ;
             yet
             did
             not
             all
             rest
             upon
             this
             ;
             for
             the
             Heire
             of
             Henry
             the
             fourth
             was
             a
             man
             every
             inch
             of
             him
             ,
             and
             meant
             not
             to
             Moote
             upon
             the
             point
             :
             His
             Father
             died
             a
             King
             ,
             and
             he
             his
             Heire
             ;
             had
             the
             Crowne
             ,
             and
             was
             resolved
             to
             hold
             it
             :
             A
             rough
             young
             man
             he
             had
             beene
             formerly
             ,
             and
             bold
             enough
             to
             outface
             small
             doubts
             in
             point
             of
             succession
             ,
             for
             he
             could
             (
             for
             a
             need
             )
             outface
             
             common
             civility
             it selfe
             .
             This
             might
             have
             lien
             in
             his
             way
             ,
             for
             he
             that
             cannot
             govern
             himselfe
             ,
             can
             much
             lesse
             govern
             a
             Kingdome
             :
             Yet
             a
             hidden
             Providence
             concluded
             quite
             contrary
             ,
             and
             rendred
             him
             a
             cleare
             testimony
             of
             a
             strange
             change
             by
             the
             annointing
             oyle
             ,
             like
             that
             of
             Saul
             that
             forthwith
             had
             the
             Spirit
             of
             another
             man
             :
             So
             though
             not
             hammered
             thereto
             by
             affliction
             ,
             as
             was
             Edward
             the
             first
             ;
             yet
             was
             he
             his
             parallell
             in
             Government
             and
             superiour
             in
             successe
             .
             Being
             seated
             in
             the
             Throne
             ,
             all
             men
             thought
             it
             dangerous
             to
             abide
             the
             adventure
             of
             the
             turne
             of
             this
             Kings
             Spirit
             .
             The
             Clergy
             had
             but
             yesterday
             tryed
             the
             Mastery
             with
             the
             Laity
             ,
             and
             gained
             it
             but
             by
             one
             Vote
             ;
             there
             was
             no
             dealing
             with
             the
             Clergy
             ,
             while
             Arch
             Bishop
             Arundell
             lived
             ,
             nor
             with
             him
             whiles
             Henry
             the
             fourth
             lived
             ,
             or
             his
             merits
             were
             in
             memory
             ,
             but
             now
             they
             both
             are
             dead
             ,
             the
             Clergy
             ,
             and
             the
             Laity
             ,
             are
             upon
             even
             ground
             ;
             this
             might
             make
             the
             Clergy
             now
             not
             over
             confident
             :
             The
             Lords
             looked
             on
             the
             King
             as
             a
             man
             like
             enough
             to
             strike
             him
             that
             stands
             next
             :
             The
             wise
             men
             saw
             he
             would
             be
             doing
             ;
             all
             men
             were
             tired
             with
             intestine
             quarrells
             ;
             and
             jumped
             in
             one
             ,
             that
             he
             that
             would
             be
             in
             action
             should
             act
             abroad
             ,
             where
             he
             might
             get
             renowne
             ,
             and
             a
             purchase
             big
             enough
             for
             his
             Spirit
             .
             Scotland
             was
             a
             Kingdome
             yet
             incompetent
             to
             the
             Kings
             appetite
             .
             France
             was
             the
             fairer
             marke
             and
             better
             game
             ,
             and
             though
             too
             big
             for
             the
             English
             gripe
             ,
             yet
             the
             Eagle
             stooped
             ,
             and
             sped
             himselfe
             so
             well
             ,
             as
             within
             six
             yeares
             he
             fastned
             upon
             the
             Sword
             and
             Scepter
             ,
             and
             a
             daughter
             of
             France
             ,
             and
             might
             have
             seised
             the
             Crowne
             ;
             but
             chose
             to
             suffer
             a
             blurr
             to
             lye
             upon
             his
             title
             derived
             from
             Edward
             the
             third
             ,
             rather
             then
             to
             incurr
             the
             Censure
             of
             Arrogancy
             over
             a
             stooping
             enemy
             ;
             or
             to
             Pluck
             the
             fruit
             from
             the
             tree
             before
             it
             was
             fully
             ripe
             ;
             which
             in
             time
             would
             fall
             into
             his
             lap
             ,
             by
             a
             better
             Law
             then
             that
             of
             the
             Sword
             ;
             otherwise
             it
             might
             be
             well
             conceited
             ,
             that
             he
             that
             hath
             both
             right
             and
             Power
             ,
             and
             will
             not
             seise
             ,
             disclaimes
             .
             Besides
             the
             King
             was
             as
             well
             Inheritor
             to
             his
             Fathers
             Fate
             as
             Crowne
             ;
             still
             he
             had
             successe
             ,
             but
             the
             end
             
             was
             so
             farr
             distant
             that
             he
             died
             in
             the
             way
             thereto
             ▪
             The
             brave
             Dauphine
             of
             France
             maintaining
             Warr
             (
             after
             his
             Father
             ,
             the
             French
             King
             had
             yeilded
             up
             the
             Bucklers
             to
             Henry
             the
             fifth
             )
             till
             Henry
             the
             fifth
             died
             ,
             and
             the
             English
             did
             foregoe
             what
             they
             had
             formerly
             gotten
             in
             France
             ,
             by
             the
             Sword
             of
             that
             great
             Commander
             .
             Nor
             did
             the
             English
             gaine
             any
             thing
             in
             the
             conclusion
             of
             this
             Warr
             ,
             but
             an
             honorable
             windy
             repute
             ,
             of
             being
             one
             of
             the
             five
             cheif
             Nations
             of
             Christendome
             ,
             (
             if
             honor
             it
             be
             to
             be
             reputed
             amongst
             the
             Nations
             )
             a
             Conquerer
             of
             France
             ;
             the
             cheif
             Leader
             unto
             the
             dethroning
             of
             three
             Popes
             at
             once
             ,
             the
             election
             of
             Pope
             Martin
             ,
             and
             of
             giving
             a
             cure
             to
             that
             deadly
             wound
             of
             the
             Popedome
             ,
             which
             had
             spent
             the
             bloud
             of
             two
             hundred
             thousand
             mens
             lives
             lost
             in
             that
             quarrell
             .
          
           
             These
             forraine
             ingagements
             made
             the
             King
             lesse
             solicitous
             ,
             of
             point
             of
             Prerogative
             at
             home
             ;
             and
             the
             rather
             ,
             because
             he
             knew
             the
             way
             to
             conquer
             ;
             his
             private
             enemies
             armes
             ,
             and
             his
             Subjects
             hearts
             ;
             without
             losse
             of
             honor
             in
             the
             one
             ,
             or
             reverence
             in
             the
             other
             .
             He
             loved
             justice
             above
             the
             ranke
             of
             his
             Predecessors
             ,
             and
             in
             some
             respects
             above
             himselfe
             ;
             for
             he
             advanced
             Gascoigne
             for
             doing
             justice
             ,
             though
             to
             the
             Kings
             owne
             shame
             .
             He
             liked
             not
             to
             intrude
             himselfe
             into
             elections
             ,
             and
             therefore
             though
             requested
             by
             the
             Monks
             of
             Canterbury
             ,
             
             he
             would
             not
             nominate
             a
             Successor
             to
             Arch
             Bishop
             Arundell
             ,
             but
             left
             the
             whole
             worke
             to
             them
             .
             In
             the
             authority
             of
             his
             place
             ,
             he
             was
             moderate
             ,
             and
             where
             his
             Predecessors
             did
             matters
             without
             the
             Lords
             consent
             ,
             
             when
             he
             made
             his
             Uncle
             the
             Marquis
             of
             Dorcet
             Duke
             of
             Exceter
             and
             had
             given
             him
             a
             pention
             to
             maintaine
             that
             honor
             ,
             he
             asked
             the
             Lords
             consent
             thereto
             .
             To
             the
             Clergy
             he
             was
             more
             then
             just
             ,
             if
             not
             indulgent
             ,
             led
             thereto
             by
             his
             Fathers
             example
             ,
             as
             being
             wrapped
             up
             in
             the
             same
             Interest
             as
             I
             conceive
             ,
             rather
             then
             out
             of
             any
             liking
             of
             their
             wayes
             ,
             now
             growing
             more
             bold
             upon
             usurpation
             then
             in
             former
             times
             .
             Or
             it
             may
             be
             that
             having
             prevailed
             in
             that
             work
             in
             France
             ,
             which
             to
             any
             rationall
             man
             
             must
             needs
             appear
             above
             the
             power
             of
             the
             King
             ,
             and
             all
             the
             Realm
             of
             England
             ;
             he
             looked
             upon
             it
             as
             more
             then
             humane
             ,
             and
             himself
             as
             an
             instrument
             of
             Miracles
             ;
             and
             was
             stirred
             up
             in
             his
             zeal
             to
             God
             ,
             according
             to
             his
             understanding
             in
             those
             darke
             times
             ,
             to
             give
             the
             Clergy
             scope
             ,
             and
             to
             pleasure
             them
             with
             their
             liberty
             of
             the
             Canon
             Law
             ,
             that
             began
             now
             to
             thunder
             with
             fire
             and
             terror
             ,
             in
             such
             manner
             ,
             that
             neither
             greatnesse
             nor
             multitude
             could
             withstand
             the
             dint
             ,
             as
             was
             evidenced
             in
             that
             Penance
             inflicted
             upon
             the
             Lord
             Strange
             ,
             and
             his
             Lady
             ,
             
             in
             Case
             of
             bloodshed
             in
             Holy
             Ground
             ,
             and
             their
             hot
             pursuit
             of
             the
             Lord
             Cobham
             ,
             unto
             a
             death
             of
             a
             new
             Nature
             ,
             for
             somewhat
             done
             ,
             which
             was
             sometimes
             called
             Treason
             ,
             and
             sometimes
             Heresie
             :
             And
             thus
             became
             Henry
             the
             Fifth
             baptized
             in
             the
             flames
             of
             the
             Lollards
             ,
             as
             his
             Father
             had
             sadly
             rendered
             up
             his
             Spirit
             in
             the
             same
             .
             I
             say
             ,
             in
             this
             he
             is
             to
             be
             looked
             upon
             ,
             as
             one
             misled
             for
             want
             of
             light
             ,
             rather
             then
             in
             opposition
             against
             the
             light
             :
             For
             in
             his
             last
             Will
             ,
             wherein
             men
             are
             wont
             to
             be
             more
             serious
             and
             sincere
             ;
             amongst
             his
             private
             regards
             ,
             he
             forgets
             not
             to
             reflect
             upon
             Religion
             to
             this
             purpose
             ;
             
               We
               further
               bequeath
            
             (
             saith
             he
             )
             
               to
               the
               redundant
               Mercy
               of
               the
               most
               excellent
               Saviour
               ,
               the
               Faith
               ,
               Hope
               ,
               and
               Charity
               ,
               the
               Vertue
               ,
               Prosperity
               ,
               and
               Peace
               ,
               of
               the
               Kings
               our
               Successours
               ,
               and
               of
               our
               Kingdome
               of
            
             England
             ;
             
               that
               God
               for
               his
               Goodnesse
               sake
               would
               Protect
               ,
               Visite
               ,
               and
               Defend
               them
               from
               Divisions
               ,
               Dissensions
               ,
               and
               from
               all
               manner
               of
               deceitfulnesse
               of
               Heretiques
               .
            
             And
             thus
             Piety
             ,
             Justice
             ,
             and
             Moderation
             of
             Henry
             the
             Fifth
             ,
             Adorned
             and
             Crowned
             the
             honour
             of
             his
             Courage
             ,
             and
             Greatnesse
             ,
             with
             that
             honourable
             Title
             of
             
               Prince
               of
               Preists
            
             ;
             and
             had
             he
             been
             blessed
             with
             a
             clearer
             light
             ,
             he
             might
             as
             well
             under
             God
             have
             obtained
             the
             Title
             of
             
               Prince
               of
               Princes
            
             ,
             wanting
             nothing
             that
             might
             have
             rendered
             him
             a
             president
             of
             Fame
             .
          
           
           
             BUt
             the
             time
             is
             now
             come
             ,
             
             that
             the
             Tide
             of
             Englands
             Glory
             must
             turn
             ,
             and
             the
             sudden
             Conquest
             in
             France
             ,
             by
             Henry
             the
             Fifth
             ,
             not
             unlike
             the
             
               Macedonian
               Monarchy
            
             ,
             must
             disgorge
             it selfe
             of
             what
             it
             had
             hastily
             devoured
             ,
             but
             never
             could
             digest
             .
             Three
             things
             concurred
             hereunto
             ,
             one
             dangerous
             ,
             the
             other
             two
             fatall
             to
             the
             flourishing
             condition
             of
             any
             Nation
             .
          
           
             First
             ,
             the
             King
             is
             a
             Minor
             in
             the
             least
             degree
             that
             ever
             any
             Prince
             sate
             on
             English
             Throne
             ;
             He
             entered
             thereinto
             ,
             neither
             knowing
             what
             he
             did
             ,
             nor
             where
             he
             was
             ;
             and
             some
             say
             ,
             he
             sate
             therein
             in
             his
             Mothers
             lap
             :
             for
             his
             life
             had
             been
             more
             in
             the
             wombe
             ,
             then
             abroade
             .
             A
             sad
             presage
             of
             what
             followed
             ,
             for
             many
             men
             thinke
             that
             he
             was
             in
             a
             lap
             all
             his
             dayes
             .
             Nor
             are
             the
             cheife
             men
             to
             be
             blamed
             herein
             ,
             for
             its
             a
             certain
             Truth
             ,
             that
             its
             much
             better
             that
             Election
             of
             a
             King
             should
             be
             grounded
             upon
             a
             rule
             that
             is
             known
             ,
             though
             it
             be
             by
             discent
             of
             Inheritance
             ,
             then
             upon
             none
             at
             all
             .
             For
             if
             a
             Childe
             should
             succeed
             ,
             or
             a
             Lunaticke
             ,
             yet
             where
             the
             Principle
             of
             Government
             resteth
             upon
             the
             Representative
             of
             the
             People
             ,
             there
             is
             the
             lesse
             cause
             of
             complaint
             ,
             the
             Government
             being
             still
             the
             same
             ,
             both
             for
             Wisedome
             ,
             Strength
             ,
             and
             Uniformity
             ;
             though
             it
             may
             be
             the
             Nation
             not
             so
             active
             and
             brave
             .
             For
             a
             Common-wealth
             can
             admit
             of
             no
             Minority
             ,
             though
             a
             Monarchy
             by
             descent
             may
             .
          
           
             Secondly
             ,
             this
             deficiency
             in
             Nature
             might
             have
             been
             supplied
             ,
             but
             that
             these
             times
             were
             unhappy
             in
             the
             great
             power
             of
             the
             Lords
             ;
             to
             please
             whom
             ,
             the
             Government
             is
             parcelled
             out
             into
             two
             shares
             :
             One
             is
             made
             Protectour
             of
             the
             Kings
             Person
             ,
             the
             other
             Protectour
             of
             the
             Kingdome
             ;
             too
             many
             by
             one
             :
             For
             let
             their
             Persons
             be
             never
             so
             eminent
             for
             Abilities
             ,
             if
             they
             be
             not
             as
             eminent
             for
             Humility
             ,
             and
             selfe-Command
             ,
             their
             hearts
             will
             soon
             over-rule
             their
             heads
             into
             a
             Faction
             :
             And
             therefore
             though
             the
             Earle
             of
             Warwicke
             was
             a
             wise
             man
             ,
             and
             the
             Duke
             of
             Glocester
             ,
             a
             wise
             man
             ,
             yet
             the
             Earle
             of
             Warwicke
             with
             the
             Duke
             of
             Glocester
             were
             not
             wise
             .
             On
             the
             other
             side
             ,
             the
             Protectorship
             of
             the
             Kings
             
             Person
             ,
             being
             in
             the
             Duke
             of
             Exceter
             ,
             and
             that
             of
             the
             Realm
             in
             the
             Duke
             of
             Glocester
             ;
             things
             succeeded
             passing
             well
             ,
             for
             they
             both
             had
             one
             publique
             aime
             ,
             and
             the
             Duke
             of
             Exceter
             could
             comply
             with
             the
             Spirit
             of
             the
             Duke
             of
             Glocester
             ,
             who
             otherwise
             was
             not
             so
             pliant
             :
             But
             after
             five
             years
             ,
             the
             Duke
             of
             Exceter
             dying
             ,
             and
             the
             government
             of
             the
             Kings
             Person
             devolving
             to
             the
             Earle
             of
             Warwicke
             ,
             who
             sided
             with
             the
             proud
             Cardinall
             of
             Winchester
             ,
             against
             the
             Duke
             of
             Glocester
             ,
             and
             so
             not
             onely
             consumed
             the
             rest
             of
             the
             Kings
             Nonage
             in
             a
             restlesse
             disturbance
             of
             Affaires
             ,
             but
             also
             dispoyled
             Henry
             the
             Sixth
             ,
             of
             the
             spirit
             of
             a
             King
             for
             the
             future
             ,
             and
             so
             the
             Kingdome
             of
             a
             King
             :
             For
             it
             was
             not
             the
             condition
             of
             Henry
             the
             Sixth
             ,
             to
             be
             indowed
             with
             a
             spirit
             of
             such
             height
             ,
             but
             might
             well
             have
             been
             led
             by
             advice
             ,
             and
             needed
             not
             the
             Earle
             of
             Warwicke
             rugged
             brow
             ,
             to
             overlooke
             him
             ;
             who
             was
             not
             content
             to
             have
             the
             King
             onely
             attendant
             upon
             his
             advice
             ;
             but
             must
             likewise
             have
             him
             under
             his
             rod
             ,
             to
             be
             corrected
             for
             his
             faults
             ,
             and
             that
             by
             a
             Commission
             under
             the
             Kings
             owne
             hand
             and
             seale
             ,
             dated
             in
             the
             eleventh
             yeare
             of
             the
             Kings
             Reigne
             ,
             and
             so
             under
             colour
             of
             Curbing
             ,
             he
             killed
             that
             spirit
             in
             the
             King
             ,
             which
             otherwise
             ,
             doubt
             lesse
             ,
             had
             both
             spirit
             and
             pride
             enough
             to
             act
             himself
             above
             his
             due
             height
             ,
             and
             could
             not
             have
             been
             so
             long
             a
             Childe
             ,
             and
             so
             little
             a
             Man
             as
             he
             was
             .
          
           
             It
             is
             very
             true
             ,
             that
             Henry
             the
             Fifth
             by
             Will
             ,
             seemed
             to
             countenance
             his
             Brothers
             ,
             and
             it
             cannot
             be
             denied
             but
             the
             Duke
             of
             Glocester
             ,
             was
             of
             such
             noble
             parts
             ,
             that
             they
             could
             hardly
             dilate
             in
             any
             work
             inferiour
             to
             the
             government
             of
             a
             Kingdome
             .
             Neverthelesse
             ,
             to
             yeild
             much
             to
             the
             will
             of
             a
             diseased
             King
             in
             such
             Cases
             ,
             is
             as
             ill
             a
             President
             ,
             as
             the
             making
             of
             a
             King
             by
             Adoption
             :
             and
             it
             had
             been
             better
             for
             the
             People
             to
             have
             adhered
             to
             the
             Duke
             of
             Glocester
             alone
             ,
             then
             by
             joyning
             him
             with
             another
             ,
             bring
             into
             president
             such
             a
             luxurient
             Complement
             of
             State
             ,
             as
             a
             Protectorship
             of
             a
             Kingdome
             ,
             which
             is
             of
             such
             little
             use
             to
             a
             Common-wealth
             ,
             and
             of
             so
             bitter
             Fruit
             to
             the
             Party
             ,
             as
             must
             needs
             bring
             repentance
             when
             it
             is
             too
             late
             :
             
               For
               he
               that
               can
               manage
               the
               
               Protectorship
               of
               a
               Realme
               ,
               without
               anger
               of
               good
               men
               ,
               or
               envy
               of
               bad
               men
               ,
               is
               fitting
               to
               live
               onely
               with
               Angels
               ,
               and
               too
               good
               for
               the
               World.
            
             Nor
             did
             the
             Duke
             of
             Glocester
             meet
             with
             better
             measure
             ,
             how
             wise
             soever
             he
             was
             ,
             and
             truely
             devoted
             to
             the
             good
             of
             the
             Realme
             :
             For
             after
             foure
             and
             twenty
             years
             government
             ,
             so
             wisely
             and
             faithfully
             carried
             on
             by
             him
             ,
             that
             Justice
             it self
             could
             not
             touch
             his
             Person
             ;
             unjustice
             did
             ,
             and
             he
             received
             this
             reward
             from
             his
             Nephew
             Henry
             the
             Sixth
             ,
             that
             he
             died
             in
             the
             darke
             ,
             because
             the
             Cause
             durst
             not
             indure
             the
             light
             .
          
           
             Now
             is
             Henry
             the
             Sixth
             ,
             perswaded
             that
             he
             is
             of
             full
             age
             ,
             he
             had
             laid
             aside
             his
             Guardian
             ,
             the
             Duke
             of
             Glocester
             ;
             but
             forgetting
             to
             sue
             out
             his
             Livery
             ,
             he
             betakes
             himself
             from
             the
             Grace
             of
             God
             ,
             into
             the
             warm
             Sunne
             ,
             (
             as
             the
             Proverb
             is
             )
             changing
             the
             advice
             of
             a
             faithfull
             experienced
             wise
             Councellour
             ,
             for
             the
             government
             of
             an
             Imperious
             Woman
             ,
             his
             Queen
             ,
             who
             allowed
             him
             no
             more
             of
             a
             King
             ,
             then
             the
             very
             Name
             ;
             and
             that
             also
             she
             abused
             to
             outface
             the
             World
             :
             and
             after
             she
             had
             removed
             the
             Duke
             of
             Glocester
             out
             of
             the
             way
             ,
             undertook
             the
             sway
             of
             the
             Kingdome
             in
             her
             own
             Person
             ,
             being
             a
             Forrainer
             ,
             neither
             knowing
             ,
             nor
             caring
             for
             other
             Law
             ,
             then
             the
             will
             of
             a
             Woman
             .
          
           
             Thus
             the
             glory
             of
             the
             House
             of
             Lancaster
             goes
             down
             ,
             and
             now
             a
             Star
             of
             the
             House
             of
             Yorke
             appears
             in
             the
             rising
             ,
             and
             the
             People
             looke
             to
             it
             .
             The
             Queene
             hereat
             becomes
             a
             Souldier
             ,
             and
             begins
             the
             Civill
             Warres
             ,
             between
             the
             two
             Houses
             ,
             wherein
             (
             her
             English
             party
             growing
             wise
             and
             weary
             )
             she
             prayes
             aide
             of
             Ireland
             ,
             a
             Nation
             that
             like
             unto
             Crowes
             ,
             ever
             wait
             to
             prey
             upon
             the
             infirmities
             of
             England
             .
             The
             Warres
             continue
             about
             sixteen
             yeares
             by
             fits
             ,
             wherin
             the
             first
             losse
             fell
             to
             the
             English
             party
             ,
             the
             pretentions
             being
             yet
             onely
             for
             good
             Government
             :
             Then
             the
             Feild
             is
             quiet
             ,
             for
             about
             foure
             yeares
             ,
             after
             which
             the
             clamor
             of
             ill
             Government
             revives
             ,
             and
             together
             therewith
             a
             claime
             to
             the
             Crown
             by
             the
             House
             of
             Yorke
             is
             avouched
             ;
             thereupon
             the
             Warres
             grew
             hot
             ,
             for
             about
             foure
             yeares
             more
             ,
             and
             then
             an
             ebbe
             of
             as
             long
             quiet
             ensues
             .
             The
             Tide
             at
             last
             returnes
             ,
             and
             in
             
             two
             yeares
             Warre
             ,
             
             ends
             the
             quarrell
             ,
             with
             the
             death
             of
             fourescore
             Princes
             of
             the
             blood
             Royall
             ,
             and
             of
             this
             good
             man
             ,
             but
             unhappy
             King.
             Unhappy
             King
             ,
             I
             say
             ,
             that
             to
             purchase
             his
             Kingdomes
             Freedome
             from
             a
             Forraine
             Warre
             ,
             sold
             himselfe
             to
             a
             Woman
             ,
             and
             yet
             lost
             his
             bargaine
             ,
             and
             left
             it
             to
             Observation
             ;
             
               That
               a
               Conscientious
               man
               ,
               that
               marries
               for
               by-regards
               ,
               never
               thrives
               :
            
             For
             France
             espied
             their
             advantage
             ,
             they
             had
             maintained
             Warre
             with
             England
             ,
             from
             the
             death
             of
             Henry
             the
             Fifth
             ,
             with
             various
             successe
             :
             The
             Duke
             of
             Bedford
             being
             Regent
             for
             the
             English
             ,
             for
             the
             space
             of
             fourteen
             yeares
             mightily
             sustained
             the
             fainting
             condition
             of
             the
             English
             affaires
             in
             those
             parts
             ,
             and
             having
             Crowned
             his
             Master
             Henry
             the
             Sixth
             in
             Paris
             ,
             in
             the
             ninth
             yeare
             died
             ,
             leaving
             behinde
             him
             an
             Honourable
             Witnesse
             ,
             even
             from
             his
             Enemies
             ,
             
               That
               he
               was
               a
               brave
               Commander
               ,
               a
               true
               Patriot
               ,
               and
               a
               faithfull
               Servant
               ,
               to
               his
               Lord
               and
               Brother
            
             Henry
             
               the
               Fifth
               ,
               and
               to
               his
               Sonne
            
             Henry
             
               the
               Sixth
            
             .
             But
             now
             the
             Duke
             of
             Bedford
             is
             dead
             ;
             and
             though
             France
             had
             concluded
             a
             Peace
             with
             the
             English
             ,
             yet
             they
             could
             not
             forget
             the
             smart
             of
             their
             Rod
             ;
             but
             concluded
             their
             Peace
             upon
             a
             Marriage
             ,
             to
             be
             had
             with
             a
             Woman
             of
             their
             own
             blood
             ,
             and
             interest
             ;
             and
             what
             they
             could
             not
             effect
             by
             Armes
             in
             their
             own
             Feild
             ,
             they
             did
             upon
             English
             ground
             by
             a
             feminine
             Spirit
             ,
             which
             they
             sent
             over
             into
             England
             to
             be
             their
             Queen
             ,
             and
             in
             one
             Civill
             Warre
             (
             shedding
             more
             English
             blood
             by
             the
             English
             Sword
             ,
             then
             they
             could
             formerly
             doe
             by
             all
             the
             men
             of
             France
             )
             were
             revenged
             upon
             England
             to
             the
             full
             ,
             
             at
             the
             English
             mens
             own
             charge
             :
             For
             what
             the
             English
             gain
             by
             the
             Sword
             ,
             is
             commonly
             lost
             by
             discourse
             .
             A
             Kingdome
             is
             never
             more
             befooled
             ,
             then
             in
             the
             Marriage
             of
             their
             King
             ;
             if
             the
             Lady
             be
             great
             ,
             she
             is
             good
             enough
             ,
             though
             as
             Jezabell
             ,
             she
             will
             not
             either
             reverence
             her
             Husband
             ,
             obey
             her
             Lord
             and
             King
             ,
             nor
             regard
             his
             People
             .
             And
             thus
             was
             this
             Kingdome
             scourged
             by
             a
             marriage
             ,
             for
             the
             sinne
             of
             the
             Wise
             men
             ,
             that
             (
             building
             upon
             a
             false
             Foundation
             )
             advised
             the
             King
             in
             the
             breach
             of
             Contract
             with
             the
             Earle
             of
             Arminiacks
             Daughter
             .
             And
             thus
             the
             King
             also
             
             for
             that
             hearkning
             to
             such
             Councell
             ,
             he
             murthered
             the
             Duke
             of
             Glocester
             ,
             (
             that
             had
             been
             to
             him
             a
             Father
             )
             yeilded
             up
             his
             Power
             to
             his
             Queen
             ,
             (
             A
             Masterlesse
             and
             proud
             Woman
             ,
             that
             made
             him
             like
             a
             broken
             Idol
             without
             use
             )
             suffered
             a
             Recovery
             of
             his
             Crown
             and
             Scepter
             in
             the
             Parliament
             from
             his
             owne
             Issue
             ,
             to
             the
             Line
             of
             Yorke
             ;
             then
             renewing
             the
             Warre
             (
             at
             his
             Queens
             beck
             )
             lost
             what
             he
             had
             left
             of
             his
             Kingdome
             ,
             Countrey
             ,
             and
             Liberty
             ,
             and
             (
             like
             the
             King
             that
             forgot
             the
             kindnesse
             of
             Jehojada
             )
             lost
             his
             life
             by
             the
             hand
             of
             his
             Servant
             .
          
        
         
           
             CHAP.
             XIV
             .
             Of
             the
             Parliament
             ,
             during
             the
             Reignes
             of
             these
             Kings
             .
          
           
             THe
             interest
             of
             the
             Parliament
             of
             England
             ,
             is
             never
             more
             Predominant
             ,
             then
             when
             Kings
             want
             Title
             or
             Age
             :
             The
             first
             of
             these
             was
             the
             Case
             of
             Henry
             the
             Fourth
             immediately
             ,
             but
             of
             them
             all
             in
             relation
             to
             the
             pretended
             Law
             of
             the
             Crown
             :
             but
             Henry
             the
             Sixth
             ,
             had
             the
             disadvantage
             of
             both
             ,
             whereof
             in
             its
             due
             place
             .
          
           
             The
             pretended
             Law
             of
             the
             Crown
             of
             England
             ,
             is
             to
             hold
             by
             Inheritance
             ,
             with
             power
             to
             dispose
             of
             the
             same
             ,
             in
             such
             manner
             ,
             by
             such
             means
             ,
             and
             unto
             such
             persons
             ,
             as
             the
             King
             shall
             please
             .
             To
             this
             it
             cannot
             be
             denied
             ,
             divers
             Kings
             had
             put
             in
             their
             claimes
             ,
             by
             devising
             their
             Crowne
             in
             their
             last
             Will
             ;
             but
             the
             successe
             must
             be
             attributed
             to
             some
             Power
             under
             God
             ,
             that
             must
             be
             the
             Executor
             when
             all
             is
             done
             ,
             and
             which
             must
             in
             Cases
             of
             Debate
             concerning
             Succession
             ,
             determine
             the
             matter
             by
             a
             Law
             ,
             best
             known
             to
             the
             Judge
             himselfe
             .
          
           
             Not
             much
             unlike
             hereunto
             ,
             is
             the
             Case
             of
             Henry
             the
             Fourth
             ,
             who
             like
             a
             Bud
             ,
             putting
             up
             in
             the
             place
             of
             a
             fading
             Leafe
             ,
             dismounts
             his
             Predecessor
             ;
             First
             ,
             from
             the
             Peoples
             
             regard
             ,
             and
             after
             from
             his
             Throne
             ,
             which
             being
             empty
             ,
             some
             times
             he
             pretending
             the
             resignation
             of
             his
             Predecessor
             to
             him
             ;
             other
             whiles
             an
             obscure
             Title
             by
             descent
             ,
             (
             his
             Conscience
             telling
             him
             all
             the
             while
             that
             it
             was
             the
             Sword
             that
             wrought
             the
             worke
             .
             )
             But
             when
             he
             comes
             to
             plead
             his
             Title
             to
             Forrain
             Princes
             by
             Protestation
             ,
             laying
             aside
             the
             mention
             of
             them
             all
             ;
             he
             justifies
             upon
             the
             unanimous
             consent
             of
             the
             Parliament
             ,
             and
             the
             People
             in
             his
             own
             onely
             Person
             :
             And
             so
             before
             all
             the
             World
             ,
             confessed
             the
             Authority
             and
             power
             of
             the
             Parliament
             of
             England
             ,
             in
             disposing
             of
             the
             Crown
             in
             speciall
             Cases
             as
             a
             sufficient
             barr
             unto
             any
             pretended
             right
             that
             might
             arise
             from
             the
             House
             of
             Mortimar
             .
             And
             yet
             because
             he
             never
             walks
             safely
             that
             hath
             an
             Enemy
             pursuing
             him
             still
             within
             reach
             ,
             he
             bethinks
             himself
             not
             sure
             enough
             ,
             unlesse
             his
             next
             Successors
             follow
             the
             dance
             upon
             the
             same
             foote
             ;
             to
             this
             end
             an
             Act
             of
             Parliament
             leades
             the
             tune
             ,
             whereby
             the
             Crowne
             is
             granted
             or
             confirmed
             to
             Henry
             the
             Fourth
             for
             life
             ,
             and
             intailed
             upon
             his
             Sonnes
             ,
             
               Thomas
               ,
               John
            
             ,
             and
             Humphrey
             ,
             by
             a
             Petition
             presented
             ,
             5.
             
             Hen.
             4.
             
          
           
             
             Thus
             Henry
             the
             Fourth
             ,
             to
             save
             his
             owne
             stake
             ,
             brought
             his
             Posterity
             into
             the
             like
             capacity
             with
             himselfe
             ,
             that
             they
             must
             be
             Kings
             ,
             or
             not
             subsist
             in
             the
             World
             ,
             if
             the
             House
             of
             Yorke
             prevailes
             ;
             and
             so
             he
             becomes
             secured
             against
             the
             House
             of
             Yorke
             ,
             treading
             on
             his
             heeles
             ,
             unlesse
             the
             Parliament
             of
             England
             shall
             eat
             their
             owne
             word
             :
             However
             ,
             for
             the
             present
             the
             House
             of
             Lancaster
             hath
             the
             Crown
             intailed
             ,
             and
             the
             Inheritance
             is
             left
             in
             the
             Clouds
             to
             be
             revealed
             in
             due
             time
             .
             For
             though
             this
             was
             the
             first
             president
             of
             this
             kinde
             ,
             yet
             was
             it
             not
             the
             last
             ,
             
             wherein
             the
             Parliament
             exercised
             a
             Power
             by
             Grant
             or
             Confirmation
             ,
             to
             direct
             the
             Law
             and
             Course
             of
             the
             Crown
             as
             they
             pleased
             .
          
           
             The
             due
             consideration
             hereof
             ,
             will
             make
             the
             things
             that
             follow
             lesse
             strange
             ;
             For
             the
             Parliament
             according
             to
             occasion
             ,
             as
             the
             Supreame
             power
             of
             this
             Kingdome
             ,
             exercised
             Supreame
             Jurisdiction
             in
             order
             to
             the
             safety
             of
             the
             Kingdome
             ,
             
             as
             if
             no
             King
             had
             beene
             to
             be
             found
             ,
             in
             issuing
             forth
             Writs
             under
             the
             great
             Seale
             ;
             concluding
             of
             matters
             
             without
             the
             Royall
             assent
             :
             
             treating
             of
             Peace
             with
             Forrain
             Nations
             ,
             and
             of
             other
             matters
             ,
             and
             determining
             their
             Resolves
             before
             discovery
             made
             to
             the
             King
             of
             their
             Councells
             ;
             making
             Ordinances
             ,
             and
             ruling
             by
             them
             ,
             3
             H.
             6.
             n.
             29.
             2
             
             H.
             6.
             n.
             27.
             8
             
             H.
             6.
             n.
             12.
             referring
             matters
             determinable
             in
             Parliament
             ,
             to
             be
             determined
             according
             to
             their
             directions
             ,
             
               Authoritate
               Parliamenti
            
             :
             Confirming
             Peace
             made
             by
             the
             King
             ,
             
             protesting
             against
             Peace
             ,
             made
             without
             ,
             or
             against
             their
             consent
             :
             making
             Ambassadours
             with
             power
             to
             ingage
             for
             the
             Kingdome
             :
             making
             Generals
             of
             the
             Army
             ,
             Admiralls
             at
             Sea
             ,
             
             Chancellors
             ,
             Barons
             ,
             and
             Privy
             Councellors
             ,
             and
             giving
             them
             instructions
             ,
             8
             H.
             4.
             n.
             73.
             
             &
             76.
             
             &
             31.
             5
             
             H.
             4.
             n.
             57.
             31
             
             H.
             6.
             n.
             21.
             and
             binding
             them
             to
             observance
             upon
             Oath
             ,
             11
             H.
             4.
             n.
             19.39
             .
             Ordering
             the
             Person
             of
             the
             King
             ,
             
             denying
             his
             power
             of
             Judicature
             in
             Parliament
             ,
             and
             ordering
             his
             Houshold
             and
             Revenue
             ;
             besides
             many
             other
             particulars
             .
          
           
             Now
             if
             such
             as
             these
             things
             were
             thus
             done
             ,
             not
             by
             one
             Parliament
             ,
             which
             possibly
             might
             be
             overwayed
             by
             Factions
             ,
             but
             by
             the
             course
             of
             a
             Series
             of
             Parliaments
             ,
             that
             mightily
             laboured
             against
             Faction
             ,
             and
             unworthy
             ends
             and
             aimes
             ,
             that
             man
             shal
             determin
             the
             same
             to
             be
             unjust
             or
             indiscreet
             ,
             should
             himself
             first
             be
             determined
             to
             be
             very
             just
             ,
             and
             exceeding
             wise
             .
             Nor
             was
             the
             Parliament
             partiall
             in
             all
             this
             ,
             but
             being
             in
             a
             way
             of
             Reformation
             ,
             it
             set
             upon
             the
             work
             of
             reforming
             it selfe
             .
          
           
             Some
             that
             are
             very
             zealous
             in
             the
             point
             of
             Arbitrary
             and
             absolute
             Government
             of
             Kings
             in
             this
             Nation
             ,
             and
             all
             in
             other
             ,
             amongst
             other
             grounds
             ,
             rest
             upon
             this
             one
             ,
             That
             an
             English
             King
             hath
             power
             to
             call
             Parliaments
             ,
             and
             dissolve
             them
             ;
             to
             make
             and
             unmake
             Members
             as
             he
             shal
             please
             .
             I
             do
             easily
             grant
             that
             Kings
             have
             many
             Occasions
             and
             Opportunities
             to
             beguile
             their
             People
             ,
             yet
             can
             they
             do
             nothing
             as
             Kings
             ,
             but
             what
             of
             right
             they
             ought
             to
             doe
             :
             They
             may
             call
             Parliaments
             ,
             but
             neither
             as
             often
             or
             seldome
             as
             they
             please
             ,
             if
             the
             Statute-Laws
             of
             this
             Realme
             might
             take
             place
             :
             Nor
             if
             they
             could
             ,
             is
             that
             power
             necessarily
             ,
             and
             absolutely
             arising
             from
             Supremacy
             ;
             seeing
             it
             is
             well
             known
             that
             such
             power
             is
             betrusted
             
             by
             the
             Superiour
             States
             in
             other
             Nations
             ,
             to
             the
             Inferiour
             ,
             who
             dayly
             attend
             on
             publique
             Affaires
             ,
             and
             therefore
             can
             discern
             when
             the
             generall
             Conventions
             are
             most
             necessary
             .
             As
             touching
             the
             dissolving
             of
             Parliaments
             against
             the
             wills
             of
             the
             Houses
             ,
             its
             true
             that
             sad
             Presidents
             have
             beene
             of
             later
             times
             in
             that
             kinde
             ;
             and
             so
             for
             want
             of
             due
             attendance
             ,
             Parliaments
             have
             been
             inforced
             to
             adjourn
             ,
             to
             prevent
             a
             worse
             inconvenience
             ;
             but
             these
             are
             infirmities
             ,
             better
             buried
             in
             silence
             ,
             then
             produced
             as
             Arguments
             of
             power
             ,
             seeing
             its
             evident
             that
             Kings
             themselves
             were
             no
             greater
             gainers
             thereby
             ,
             then
             an
             Angry
             man
             is
             by
             his
             passions
             .
             It
             is
             true
             also
             that
             Kings
             may
             make
             Lords
             ,
             and
             Corporations
             ,
             that
             may
             send
             their
             Burgesses
             to
             the
             Parliament
             ,
             and
             thus
             the
             King
             may
             make
             as
             many
             as
             he
             will
             (
             as
             the
             Pope
             did
             with
             the
             Bishops
             in
             the
             Councill
             of
             Trent
             )
             yet
             cannot
             he
             unmake
             them
             when
             he
             pleases
             ,
             nor
             take
             the
             Members
             from
             the
             Parliament
             ,
             without
             attainder
             and
             forfeiture
             ,
             according
             to
             the
             knowne
             Law
             :
             Neither
             can
             all
             these
             Instances
             prove
             ,
             that
             the
             Kings
             of
             England
             have
             the
             sole
             and
             supreame
             Power
             over
             the
             Parliament
             :
             Nor
             did
             the
             Parliament
             in
             these
             times
             allow
             of
             any
             such
             Authority
             ,
             and
             therefore
             proceeded
             for
             the
             reforming
             of
             themselves
             ,
             by
             themselves
             ,
             in
             many
             particulars
             as
             the
             Statutes
             do
             hold
             forth
             .
          
           
             
             And
             first
             in
             the
             point
             of
             Elections
             ,
             (
             for
             an
             error
             in
             that
             ,
             is
             like
             an
             error
             in
             the
             first
             Concoction
             ,
             that
             spoiles
             the
             whole
             Nutriment
             ,
             
             )
             they
             ordained
             that
             the
             Election
             of
             Knights
             shall
             be
             at
             the
             next
             County
             Court
             ,
             after
             the
             Writ
             delivered
             to
             the
             Sheriffe
             .
          
           
             
               That
               in
               full
               Court
               betweene
               the
               houres
               of
               eight
               and
               nine
               in
               the
               morning
               ,
               Proclamation
               shall
               be
               made
               of
               the
               day
               and
               place
               of
               the
               Parliament
               .
               That
               the
               Suters
               duely
               summoned
               ,
               and
               others
               there
               Present
               ,
               shall
               then
               proceed
               to
               the
               Election
               ;
               notwithstanding
               any
               Prayer
               or
               Commandement
               to
               the
               contrary
               .
               That
               the
               names
               of
               the
               Persons
               elected
               ,
               (
               whether
               present
               or
               absent
               they
               be
               )
               shall
               be
               returned
               by
               Indenture
               ,
               betweene
               the
               Sheriffe
               and
               the
               Elizors
               ;
               and
               that
               a
               Clause
               to
               that
               end
               shall
               be
               added
               to
               the
               Writ
               of
               Summons
               .
            
          
           
           
             This
             was
             enough
             to
             make
             the
             Sheriffe
             understand
             ,
             
             but
             not
             to
             obey
             ,
             till
             a
             penalty
             of
             one
             hundred
             pound
             is
             by
             other
             Lawes
             imposed
             upon
             him
             ,
             and
             a
             yeares
             imprisonment
             without
             Baile
             or
             Mainprise
             ,
             besides
             damages
             for
             false
             return
             in
             such
             Cases
             :
             and
             the
             party
             so
             unduely
             returned
             ,
             Fined
             ,
             and
             deprived
             of
             all
             the
             wages
             for
             his
             service
             .
             Thus
             the
             manner
             of
             Election
             is
             reduced
             ;
             but
             the
             Persons
             are
             more
             considerable
             :
             For
             hitherto
             any
             man
             of
             English
             blood
             promiscuously
             had
             right
             to
             give
             or
             receive
             a
             Vote
             ,
             although
             his
             residency
             were
             over
             the
             wide
             World.
             
          
           
             But
             the
             Parliament
             in
             the
             time
             of
             Henry
             the
             Fifth
             ,
             
             reduced
             these
             also
             ,
             (
             whether
             they
             were
             such
             as
             did
             chuse
             ,
             or
             were
             chosen
             )
             unto
             their
             proper
             Counties
             ,
             or
             else
             rendered
             them
             uncapable
             to
             Vote
             or
             serve
             for
             any
             County
             .
             And
             the
             like
             Order
             was
             made
             for
             the
             Burroughs
             ,
             
               Viz.
               That
               no
               Person
               must
               serve
               for
               any
               City
               or
               Burrough
               ,
            
             
             
               nor
               give
               Vote
               in
               Electing
               such
               as
               shall
               serve
               for
               that
               Towne
               ,
               unlesse
               they
               be
               both
               Free
               ,
               and
               Resiants
               within
               that
               City
               or
               Burrough
            
             :
             A
             Law
             no
             lesse
             wholsome
             then
             seasonable
             .
             For
             the
             times
             of
             Henry
             the
             Fourth
             ,
             had
             taught
             men
             to
             know
             by
             experience
             ,
             That
             a
             King
             that
             hath
             Souldiers
             scattered
             over
             the
             Kingdome
             ,
             can
             easily
             sway
             the
             County-Courts
             ,
             and
             make
             Parliaments
             for
             their
             owne
             tooth
             .
             Yet
             this
             was
             not
             enough
             ,
             For
             all
             Elizors
             ,
             though
             of
             the
             meanest
             sort
             ,
             yet
             are
             still
             able
             to
             doe
             as
             much
             hurt
             with
             their
             Vote
             ,
             as
             those
             of
             the
             best
             sort
             both
             for
             wisedome
             and
             publique
             minde
             ,
             can
             doe
             good
             by
             theirs
             .
             This
             made
             Elections
             much
             subject
             to
             parties
             ,
             and
             confusions
             ,
             and
             rendered
             the
             Parliament
             much
             lesse
             considerable
             .
          
           
             A
             remedy
             hereunto
             is
             provided
             ,
             in
             the
             minority
             of
             Henry
             the
             Sixth
             ,
             
             
               Viz.
               That
               no
               man
               should
               give
               his
               Vote
               in
               Elections
               in
               the
               County
               ,
               unlesse
               he
               hath
               forty
               shillings
               yearely
               in
               Free
               Lands
               or
               Tenements
               ,
               and
               this
               is
               to
               be
               testified
               upon
               Oath
               of
               the
               Party
               .
            
             And
             more
             plainly
             it
             is
             ordered
             (
             within
             two
             yeares
             after
             )
             that
             each
             Elizor
             shall
             have
             Frank
             Tenement
             of
             that
             vallue
             within
             the
             same
             County
             .
             
             And
             thus
             the
             Freemen
             yeilded
             up
             their
             liberty
             of
             Election
             to
             the
             Free-holders
             ,
             
             possibly
             not
             knowing
             what
             they
             did
             ;
             Neverthelesse
             ,
             the
             Parliament
             well
             knew
             what
             they
             did
             ;
             this
             change
             was
             no
             lesse
             good
             then
             great
             .
          
           
             For
             first
             ,
             these
             times
             were
             no
             times
             for
             any
             great
             measure
             of
             Civility
             :
             The
             Preface
             of
             the
             Statute
             shewes
             ,
             that
             the
             meanest
             held
             himself
             as
             good
             a
             man
             ,
             as
             the
             greatest
             in
             the
             Countrey
             ,
             and
             this
             tended
             to
             parties
             ,
             tumults
             ,
             and
             bloodshed
             .
          
           
             Secondly
             ,
             where
             the
             multitude
             prevaile
             ,
             the
             meaner
             sort
             are
             upon
             the
             upper
             hand
             ;
             and
             these
             (
             generally
             ignorant
             )
             cannot
             judge
             of
             Persons
             ,
             nor
             Times
             ,
             but
             being
             for
             the
             most
             part
             led
             by
             Faction
             or
             Affection
             ,
             rather
             then
             by
             right
             Understanding
             ,
             make
             their
             Elections
             ,
             and
             thereby
             the
             Generall
             Councell
             of
             this
             Nation
             ,
             lesse
             generous
             and
             noble
             .
          
           
             Thirdly
             ,
             there
             is
             no
             lesse
             equity
             in
             the
             change
             ,
             then
             policy
             :
             for
             what
             can
             be
             more
             reasonable
             ,
             then
             that
             those
             men
             onely
             ,
             should
             have
             their
             Votes
             in
             Election
             of
             the
             Common
             Councell
             of
             the
             Kingdome
             ,
             whose
             Estates
             are
             chargeable
             with
             the
             publique
             Taxes
             and
             Assessements
             ,
             and
             with
             the
             wages
             of
             those
             persons
             that
             are
             chosen
             for
             the
             publique
             Service
             :
             But
             above
             all
             the
             rest
             ,
             this
             advancing
             of
             the
             Free-holders
             in
             this
             manner
             of
             Election
             ,
             was
             beneficiall
             to
             the
             Free-men
             of
             England
             ,
             although
             perchance
             they
             considered
             not
             thereof
             ;
             and
             this
             will
             more
             clearly
             appeare
             in
             the
             consideration
             of
             these
             three
             particulars
             .
          
           
             First
             ,
             it
             abated
             the
             power
             of
             the
             Lords
             ,
             and
             great
             men
             ,
             who
             held
             the
             inferiour
             sort
             at
             their
             Devotion
             ,
             and
             much
             of
             what
             they
             had
             by
             their
             Vote
             .
          
           
             Secondly
             ,
             it
             rendered
             the
             body
             of
             the
             people
             more
             brave
             ;
             for
             the
             advancing
             of
             the
             Free-holder
             ,
             above
             the
             Free-man
             ,
             raiseth
             the
             spirit
             of
             the
             meaner
             sort
             to
             publique
             regards
             ,
             and
             (
             under
             a
             kinde
             of
             Ambition
             )
             to
             aspire
             unto
             the
             degree
             of
             a
             Free-holder
             .
             that
             they
             may
             be
             some
             what
             in
             the
             Common-wealth
             ,
             and
             thus
             leaving
             the
             meanest
             rank
             sifted
             to
             the
             very
             branne
             ,
             they
             become
             lesse
             considerable
             ,
             and
             more
             subject
             to
             Coercive
             power
             ,
             whiles
             in
             the
             mean
             time
             the
             Free-holder
             now
             advanced
             unto
             the
             degree
             of
             a
             Yeoman
             ,
             becomes
             no
             
             lesse
             carefull
             to
             maintain
             correspondency
             with
             the
             Lawes
             ,
             then
             he
             was
             industrious
             in
             the
             attaining
             of
             his
             degree
             .
          
           
             Thirdly
             ,
             by
             this
             means
             now
             the
             Law
             makes
             a
             separation
             of
             the
             inferiour
             Clergy
             ,
             and
             Cloystered
             people
             ,
             from
             this
             service
             ,
             wherein
             they
             might
             serve
             particular
             ends
             much
             ,
             but
             Rome
             much
             more
             .
             For
             nothing
             appeareth
             ,
             but
             that
             these
             dead
             Persons
             in
             Law
             ,
             were
             neverthelesse
             Fsee-men
             in
             Fact
             ,
             and
             lost
             not
             the
             liberty
             of
             their
             Birth-right
             ,
             by
             entering
             into
             Religion
             ,
             to
             become
             thereby
             either
             Bond
             ,
             or
             no
             Free-Members
             of
             the
             people
             of
             England
             .
          
           
             Lastly
             ,
             as
             a
             binding
             plaister
             above
             the
             rest
             ,
             First
             a
             Negative
             Law
             is
             made
             ,
             
             that
             the
             Persons
             elected
             in
             the
             County
             must
             not
             be
             of
             the
             degree
             of
             a
             Yeoman
             ,
             but
             of
             the
             most
             noted
             Knights
             ,
             Esquires
             ,
             or
             Gentlemen
             of
             the
             Countrey
             ;
             which
             tacitely
             implies
             that
             it
             was
             too
             common
             to
             advance
             those
             of
             the
             meaner
             sort
             ;
             whether
             by
             reason
             of
             the
             former
             wasting
             times
             ,
             Knights
             and
             Esquires
             were
             grown
             scant
             in
             number
             ,
             or
             (
             by
             reason
             of
             their
             rudenesse
             )
             in
             account
             :
             Or
             it
             may
             be
             the
             Yeomanry
             grew
             now
             to
             feel
             their
             strength
             ,
             and
             meant
             not
             to
             be
             further
             underlings
             to
             the
             great
             men
             ,
             then
             they
             are
             to
             their
             Fethers
             ,
             to
             were
             them
             no
             longer
             then
             they
             will
             make
             them
             brave
             .
             Secondly
             ,
             the
             Person
             thus
             agreed
             upon
             ,
             his
             intertainment
             must
             be
             accordingly
             ,
             and
             therefore
             the
             manner
             of
             taxing
             in
             full
             County
             ,
             
             and
             levying
             the
             rate
             of
             Wages
             for
             their
             maintenance
             ,
             is
             reformed
             and
             settled
             .
             And
             lastly
             ,
             their
             Persons
             are
             put
             under
             the
             Protection
             of
             the
             Law
             in
             an
             especiall
             manner
             ,
             for
             as
             their
             work
             is
             full
             of
             reflexion
             ,
             so
             formerly
             they
             had
             met
             with
             many
             sad
             influences
             for
             their
             labour
             .
             
             And
             therefore
             a
             penall
             Law
             is
             made
             against
             force
             to
             be
             made
             upon
             the
             Persons
             of
             those
             workmen
             of
             State
             ,
             either
             in
             their
             going
             to
             that
             Service
             ,
             or
             attending
             thereupon
             ,
             making
             such
             Delinquents
             liable
             to
             Fine
             and
             Imprisonment
             ,
             and
             double
             damages
             .
             And
             thus
             however
             the
             times
             were
             full
             of
             confusions
             ,
             yet
             a
             foundation
             was
             laid
             of
             a
             more
             uniforme
             Government
             in
             future
             times
             ,
             then
             England
             hitherto
             had
             seen
             .
          
        
         
           
           
             CAHP.
             XV.
             Of
             the
             Custos
             ,
             or
             ,
             
               Protector
               Regni
            
             .
          
           
             KIngs
             though
             they
             have
             vast
             dimensions
             ,
             yet
             are
             not
             infinite
             ,
             nor
             greater
             then
             the
             bounds
             of
             one
             Kingdome
             ,
             wherein
             ,
             if
             present
             ,
             they
             are
             in
             all
             places
             present
             ;
             if
             otherwise
             ,
             they
             are
             like
             the
             Sunn
             gone
             down
             ;
             and
             must
             rule
             by
             reflexion
             ,
             as
             the
             Moone
             in
             the
             night
             :
             In
             a
             mixt
             common
             wealth
             ,
             they
             are
             integrall
             members
             ,
             and
             therefore
             regularly
             must
             act
             ;
             
               Per
               deputatum
            
             ,
             when
             their
             Persons
             are
             absent
             in
             another
             Ligialty
             ,
             and
             cannot
             act
             ,
             
               Per
               se
            
             :
             Partly
             because
             their
             Lustre
             is
             somewhat
             eclipsed
             by
             another
             Horizon
             ;
             and
             partly
             because
             by
             common
             intendment
             they
             cannot
             take
             notice
             of
             things
             done
             in
             their
             absence
             .
             It
             hath
             therefore
             been
             the
             ancient
             course
             of
             Kings
             of
             this
             Nation
             ,
             to
             constitute
             Vicegerents
             in
             their
             absence
             '
             giving
             them
             severall
             titles
             ,
             and
             severall
             powers
             ,
             according
             as
             the
             necessity
             of
             affaires
             required
             :
             Sometimes
             they
             are
             called
             Lord
             Warden
             ,
             or
             Lord
             Keeper
             of
             the
             Kingdome
             ,
             and
             have
             therewith
             the
             generall
             power
             of
             a
             King
             ,
             
             as
             it
             was
             with
             
               John
               Warren
            
             Earle
             of
             Surry
             appointed
             therunto
             by
             Edw.
             the
             first
             ,
             who
             had
             not
             onely
             power
             to
             command
             but
             to
             grant
             ,
             and
             this
             power
             extended
             both
             to
             England
             and
             Scotland
             .
             And
             
               Peter
               Gaveston
            
             (
             though
             a
             Forrainer
             )
             had
             the
             like
             power
             given
             him
             by
             Edward
             the
             second
             over
             England
             ,
             
             to
             the
             reproach
             of
             the
             English
             Nobility
             ,
             which
             also
             they
             revenged
             afterward
             .
             Somtimes
             these
             Vicegerents
             are
             called
             Lievtenants
             ,
             which
             seemeth
             to
             conferr
             onely
             the
             Kings
             power
             in
             the
             Militia
             ,
             as
             a
             Lievtenant
             Generall
             in
             an
             army
             .
             And
             thus
             Richard
             the
             second
             made
             Edmund
             Duke
             of
             Yorke
             ,
             his
             Lievtenant
             of
             the
             Kingdome
             of
             England
             ,
             to
             oppose
             the
             entry
             of
             the
             Duke
             of
             Hertford
             .
             (
             Afterwards
             called
             Henry
             the
             fourth
             )
             into
             England
             ,
             during
             the
             Kings
             absence
             in
             Ireland
             :
             And
             in
             the
             mean
             while
             the
             other
             part
             of
             the
             Royalty
             which
             
             concerned
             the
             revenues
             of
             the
             Crowne
             was
             betrusted
             to
             the
             Earle
             of
             
               Wiltshire
               ,
               Sir
               John
               Bush
               ,
               Sir
               James
               Baggot
               ,
               and
               Sir
               Henry
               Green
               ,
            
             unto
             whom
             (
             men
             say
             )
             the
             King
             put
             his
             Kingdome
             to
             farme
             .
             But
             more
             ordinarily
             the
             Kings
             power
             was
             delegated
             unto
             one
             ,
             under
             both
             the
             titles
             of
             Lord
             Gaurdian
             of
             the
             Kingdome
             ,
             and
             Lievtenant
             within
             the
             same
             ;
             such
             was
             the
             title
             of
             
               Henry
               Lacy
            
             Earle
             of
             Lincolne
             ,
             and
             of
             
               Gilbert
               De
               clare
            
             Earle
             of
             Glocester
             ,
             and
             of
             
               Audomar
               De
               valentia
            
             ,
             
             Earle
             of
             Pembroke
             ,
             all
             of
             them
             at
             severall
             times
             so
             constituted
             by
             Edward
             the
             second
             ,
             as
             by
             the
             Patent
             Roles
             appeareth
             :
             So
             likewise
             did
             Edward
             the
             third
             ,
             make
             his
             Brother
             John
             of
             E●tham
             twice
             ,
             and
             the
             black
             Prince
             thrice
             ,
             and
             Lionell
             Duke
             Clarence
             ,
             and
             his
             Brother
             Thomas
             ,
             each
             of
             them
             once
             in
             the
             severall
             passages
             of
             Edward
             the
             third
             beyond
             the
             Sea
             ,
             in
             the
             third
             ,
             fifth
             ,
             twelfth
             ,
             fourteenth
             ,
             sixteenth
             ,
             nineteenth
             ,
             and
             thirty
             third
             years
             of
             his
             reigne
             concerning
             which
             see
             the
             Patent
             Rolls
             of
             those
             yeares
             .
             
             And
             Henry
             the
             fifth
             gave
             likewise
             the
             same
             title
             and
             authority
             to
             the
             Duke
             of
             Bedford
             ,
             upon
             the
             Kings
             voyage
             into
             France
             ;
             
             and
             afterward
             that
             Duke
             being
             sent
             over
             to
             second
             the
             King
             in
             the
             French
             Wars
             ,
             the
             Duke
             of
             Glocester
             obtained
             the
             same
             power
             and
             place
             .
             But
             Henry
             the
             sixth
             added
             a
             further
             title
             of
             Protector
             ,
             and
             Defendor
             of
             the
             Kingdome
             and
             Church
             of
             England
             ;
             
             this
             was
             first
             given
             to
             the
             Duke
             of
             Bedford
             ,
             and
             afterwards
             he
             being
             made
             Regent
             of
             France
             ,
             it
             was
             conferred
             upon
             the
             Duke
             of
             Glocester
             .
             And
             towards
             the
             later
             time
             of
             Henry
             the
             sixth
             ,
             it
             was
             granted
             by
             him
             to
             Richard
             Duke
             of
             Yorke
             .
             
             This
             title
             carried
             along
             with
             it
             a
             power
             ,
             different
             from
             that
             of
             a
             King
             onely
             in
             honor
             ,
             and
             the
             Person
             so
             adorned
             may
             be
             said
             to
             sway
             the
             Scepter
             ,
             but
             not
             to
             weare
             the
             Crowne
             .
             And
             therefore
             in
             the
             minority
             of
             Henry
             the
             sixth
             ,
             when
             as
             the
             Government
             was
             ordered
             by
             the
             Parliament
             ,
             and
             to
             that
             end
             a
             Protector
             was
             made
             ,
             and
             he
             wel
             guarded
             with
             a
             Privy
             Councill
             ,
             and
             they
             provided
             with
             instructions
             ,
             one
             of
             them
             was
             ,
             that
             in
             all
             matters
             not
             to
             be
             transacted
             ordinarily
             but
             by
             the
             Kings
             expresse
             consent
             ,
             the
             Privy
             Councell
             should
             advise
             with
             the
             Prorector
             ;
             but
             this
             
             is
             not
             so
             needfull
             ,
             in
             regard
             that
             it
             concerneth
             the
             power
             of
             executing
             of
             Lawes
             ,
             which
             by
             right
             of
             the
             liberty
             of
             the
             Subject
             is
             the
             known
             duty
             of
             the
             Scepter
             ,
             in
             whose
             hands
             soever
             it
             is
             holden
             .
             And
             therefore
             I
             shall
             passe
             to
             the
             Legislative
             power
             ,
             wherein
             its
             evident
             that
             the
             Protectors
             power
             was
             no
             whit
             inferiour
             to
             the
             Kings
             power
             .
             For
             first
             the
             Protector
             ,
             
               Ex
               officio
            
             ,
             by
             advice
             of
             the
             Councell
             ,
             did
             summon
             Parliaments
             by
             Writs
             ,
             even
             as
             the
             Kings
             themselves
             ,
             under
             their
             owne
             Teste
             ;
             and
             if
             not
             bear
             the
             Royall
             Assent
             ,
             yet
             did
             they
             direct
             the
             same
             ,
             and
             received
             Petitions
             in
             Parliament
             to
             them
             directed
             as
             to
             Kings
             ,
             and
             every
             way
             supplied
             the
             roome
             of
             a
             King
             ,
             in
             order
             to
             the
             perfecting
             ,
             publishing
             ,
             and
             inforcing
             of
             Law
             to
             Execution
             ,
             Secondly
             ,
             the
             Parliaments
             holden
             by
             Protectors
             ,
             and
             Lawes
             therein
             made
             ,
             are
             no
             whit
             inferiour
             to
             those
             by
             the
             King
             ,
             whether
             for
             Honour
             ,
             or
             Power
             :
             And
             therefore
             ,
             if
             a
             Parliament
             be-holden
             by
             the
             Lord
             Warden
             ,
             and
             sitting
             the
             Parliament
             ,
             the
             King
             in
             person
             shall
             arrive
             ,
             and
             be
             there
             present
             ;
             neither
             is
             the
             Parliament
             interrupted
             thereby
             ,
             nor
             the
             power
             thereof
             changed
             at
             all
             ;
             though
             the
             power
             and
             place
             of
             the
             Wardenship
             of
             the
             Kingdome
             ,
             doth
             utterly
             vanish
             by
             the
             personall
             accesse
             of
             the
             King
             ;
             because
             in
             all
             Cases
             where
             the
             King
             is
             subservient
             to
             the
             Kingdome
             ,
             or
             the
             Common-wealth
             :
             The
             Lord
             Warden
             in
             his
             absence
             is
             conservient
             unto
             him
             ,
             being
             in
             his
             stead
             ,
             and
             not
             under
             him
             ,
             for
             the
             very
             Place
             supposeth
             him
             as
             not
             ,
             because
             not
             present
             .
             And
             this
             was
             by
             a
             Law
             declaratively
             published
             at
             such
             time
             as
             Henry
             the
             fifth
             was
             Regent
             of
             France
             ,
             and
             therefore
             by
             common
             presumption
             ,
             
             was
             likely
             to
             have
             much
             occasion
             of
             residence
             in
             that
             Kingdome
             ,
             and
             it
             holdeth
             in
             equall
             force
             with
             all
             other
             Lawes
             of
             the
             highest
             Size
             ,
             which
             is
             the
             rather
             to
             be
             noted
             because
             it
             is
             (
             though
             under
             a
             Protector
             )
             obligatory
             to
             the
             King
             ,
             and
             makes
             his
             personall
             presence
             no
             more
             considerable
             then
             the
             presence
             of
             his
             shadow
             .
             For
             the
             King
             spent
             three
             whole
             yeares
             in
             the
             French
             Warres
             ,
             and
             during
             that
             time
             never
             saw
             England
             ,
             where
             neverthelesse
             in
             that
             interim
             three
             Parliaments
             had
             been
             holden
             ,
             one
             by
             the
             Duke
             of
             
             Bedford
             ,
             and
             two
             by
             the
             Duke
             of
             Glocester
             ;
             in
             the
             last
             of
             which
             this
             Law
             was
             made
             .
             And
             in
             truth
             if
             wee
             looke
             upon
             this
             title
             of
             the
             Kingdomes
             Guardianship
             in
             its
             bare
             lineaments
             ,
             without
             lights
             and
             shadows
             ,
             it
             will
             appeare
             little
             better
             then
             a
             Crown
             of
             feathers
             worne
             onely
             for
             bravery
             ,
             and
             in
             nothing
             adding
             to
             the
             real
             ability
             of
             the
             governing
             part
             of
             this
             Nation
             :
             Neither
             were
             the
             persons
             of
             these
             Magnificoes
             so
             wel
             deserving
             ,
             nor
             did
             the
             Nation
             expect
             any
             such
             matter
             from
             them
             .
             Edward
             the
             first
             was
             a
             wise
             King
             ,
             and
             yet
             in
             his
             absence
             chose
             Edward
             the
             second
             to
             hold
             that
             place
             ,
             he
             being
             then
             not
             above
             fourteen
             yeares
             of
             age
             ;
             afterwards
             Edward
             the
             seconds
             Queen
             ,
             and
             the
             Lords
             of
             her
             party
             ,
             were
             wise
             enough
             in
             their
             way
             ,
             and
             yet
             they
             chose
             Edward
             the
             third
             to
             be
             the
             
               Custos
               regni
            
             ,
             then
             not
             fourteen
             yeares
             old
             ,
             his
             Father
             in
             the
             meane
             time
             being
             neither
             absent
             from
             the
             Kingdome
             nor
             deposed
             ,
             
             but
             onely
             dismissed
             from
             acting
             in
             the
             adminstration
             of
             the
             Government
             .
             Edward
             the
             third
             follows
             the
             same
             example
             ,
             he
             first
             makes
             his
             Brother
             John
             of
             
               Eltham
               ,
               Custos
               regni
            
             ,
             and
             this
             he
             did
             at
             two
             several
             times
             ,
             once
             when
             he
             was
             but
             eleven
             yeares
             old
             ,
             afterwards
             ▪
             when
             hee
             was
             about
             fourteene
             :
             Then
             he
             made
             his
             Sonne
             the
             Black
             Prince
             upon
             severall
             occasions
             three
             times
             Lord
             Warden
             of
             the
             Kingdome
             ,
             once
             he
             being
             about
             nine
             yeares
             old
             ,
             and
             againe
             when
             he
             was
             eleven
             yeares
             old
             ,
             and
             once
             when
             about
             fourteen
             yeares
             old
             .
             Lastly
             ,
             Edward
             the
             third
             appointed
             his
             son
             Lionell
             Duke
             Clarence
             unto
             this
             place
             of
             
               Custos
               regni
            
             ,
             when
             as
             he
             was
             scarce
             eight
             years
             old
             ;
             all
             which
             will
             appeare
             upon
             the
             comparing
             their
             ages
             with
             the
             severall
             Rolls
             of
             25
             E
             1.
             and
             3
             ,
             5
             ,
             12
             ,
             14
             ,
             16
             ,
             19
             ,
             E
             3.
             
             If
             therefore
             the
             worke
             of
             a
             
               Custos
               regni
            
             be
             such
             as
             may
             be
             as
             wel
             done
             by
             the
             infants
             of
             Kings
             as
             by
             the
             wisest
             Councellor
             ,
             or
             most
             valiant
             man
             ;
             it
             is
             in
             my
             opinion
             manifest
             that
             the
             place
             is
             of
             little
             other
             use
             to
             this
             Common-wealth
             then
             to
             serve
             as
             attire
             to
             a
             comely
             Person
             ,
             to
             make
             it
             seeme
             more
             faire
             because
             it
             is
             in
             fashion
             ,
             nor
             doth
             it
             advance
             the
             vallue
             of
             a
             King
             ,
             one
             graine
             above
             what
             his
             personall
             endowments
             doe
             deserve
             .
          
           
           
             Hitherto
             of
             the
             title
             and
             power
             ;
             the
             next
             consideration
             will
             be
             of
             the
             original
             Fountain
             from
             whence
             it
             is
             derived
             ,
             wherein
             the
             presidents
             are
             cleare
             and
             plaine
             ,
             that
             ordinarily
             they
             are
             the
             next
             and
             immediate
             ofspring
             of
             Kings
             ,
             if
             they
             be
             present
             whithin
             the
             foure
             seas
             ;
             to
             be
             by
             them
             enabled
             by
             Letters
             Patents
             or
             Commission
             :
             But
             whether
             present
             or
             absent
             ,
             the
             Parliament
             when
             it
             sate
             did
             ever
             peruse
             their
             authority
             ,
             and
             if
             it
             saw
             need
             ,
             changed
             ,
             inlarged
             ,
             or
             abridged
             ,
             both
             it
             and
             them
             .
             Thus
             was
             the
             Duke
             of
             Glocester
             made
             Lord
             Warden
             in
             the
             time
             of
             Henry
             the
             fifth
             (
             he
             being
             then
             in
             France
             )
             in
             the
             roome
             of
             the
             Duke
             of
             Bedford
             ,
             the
             like
             also
             in
             Henry
             the
             sixths
             time
             ,
             when
             as
             the
             King
             was
             young
             ;
             for
             then
             the
             Parliament
             made
             the
             Duke
             of
             Bedford
             Lord
             Warden
             ,
             and
             added
             unto
             that
             title
             ,
             the
             title
             of
             Protector
             .
             Afterward
             at
             the
             Dukes
             going
             over
             into
             France
             ,
             they
             committed
             that
             Service
             to
             the
             Duke
             of
             Glocester
             (
             if
             I
             forget
             not
             the
             nature
             of
             the
             Roll
             )
             during
             the
             Duke
             of
             Bedfords
             absence
             ,
             and
             with
             a
             Salvo
             of
             his
             right
             .
             Nor
             unlike
             hereunto
             was
             the
             course
             that
             was
             taken
             by
             the
             Parliament
             in
             these
             sullen
             later
             times
             of
             Henry
             the
             sixth
             ,
             whereof
             more
             hereafter
             in
             the
             next
             Paragraph
             .
          
           
             Lastly
             ,
             the
             limitation
             of
             this
             high
             power
             and
             title
             is
             different
             according
             to
             the
             occasion
             ,
             for
             the
             Guardianship
             of
             the
             Kingdome
             by
             common
             intendment
             ,
             is
             to
             endure
             no
             longer
             then
             the
             King
             is
             absent
             from
             the
             helme
             ,
             either
             by
             voluntary
             deserting
             the
             worke
             ,
             or
             imployment
             in
             forrain
             parts
             ;
             though
             united
             they
             be
             under
             the
             Government
             of
             the
             same
             King
             ;
             together
             with
             this
             Nation
             ,
             such
             as
             are
             these
             parts
             of
             France
             ,
             and
             Ireland
             ,
             and
             Scotland
             ,
             then
             under
             the
             English
             fee
             :
             This
             is
             apparent
             from
             the
             nature
             of
             that
             statute
             of
             Henry
             the
             fifth
             formerly
             mentioned
             ;
             for
             if
             there
             was
             need
             to
             provide
             by
             that
             Statute
             ,
             that
             the
             Kings
             Arrivall
             and
             Personall
             Presence
             should
             not
             dissolve
             the
             Parliament
             ,
             assembled
             by
             the
             authority
             of
             the
             
               Custos
               regni
            
             ;
             then
             doth
             it
             imply
             ,
             that
             the
             personall
             presence
             of
             the
             King
             ,
             by
             and
             upon
             his
             Arrivall
             had
             otherwise
             determined
             the
             Parliament
             and
             that
             authority
             whereby
             it
             sate
             .
             But
             the
             presidents
             are
             more
             cleare
             ,
             all
             of
             them
             generally
             
             running
             in
             these
             or
             the
             like
             words
             ,
             
               In
               absentia
               Regis
            
             ,
             or
             
               Quamdiu
               Rex
               fuerit
               in
               partibus
               transmarinis
               .
            
             It
             is
             also
             to
             be
             granted
             ,
             that
             the
             Kings
             will
             is
             many
             times
             subjoyned
             thereunto
             ,
             as
             if
             it
             were
             in
             him
             to
             displace
             them
             ,
             and
             place
             others
             in
             his
             absence
             ;
             yet
             doe
             I
             finde
             no
             president
             of
             any
             such
             nature
             ,
             without
             the
             concurrence
             of
             the
             Lords
             or
             Parliament
             ,
             and
             yet
             that
             the
             Parliament
             hath
             ordered
             such
             things
             without
             his
             consent
             .
             For
             when
             Richard
             the
             First
             ,
             passing
             to
             the
             Holy
             Land
             ,
             had
             left
             the
             Bishop
             of
             Ely
             to
             execute
             that
             place
             during
             his
             absence
             in
             remote
             parts
             ;
             the
             Lords
             finding
             the
             Bishop
             unfaithfull
             in
             his
             Charge
             ,
             excluded
             him
             both
             from
             that
             place
             and
             Kingdome
             ,
             and
             made
             the
             Kings
             Brother
             John
             ,
             Lord
             Warden
             in
             his
             stead
             .
          
           
             But
             in
             the
             Case
             of
             the
             Protectorship
             ,
             which
             supposeth
             disability
             in
             the
             Person
             of
             the
             King
             ,
             the
             same
             by
             common
             intendment
             is
             to
             continue
             during
             the
             Kings
             disability
             ;
             and
             therefore
             in
             the
             Case
             of
             Henry
             the
             Sixth
             ,
             it
             was
             determined
             ,
             
             that
             the
             Protectorship
             doth
             
               Ipso
               Facto
            
             ,
             cease
             at
             the
             Kings
             Coronation
             ,
             because
             thereby
             the
             King
             is
             supposed
             able
             to
             govern
             ;
             although
             in
             later
             times
             it
             hath
             not
             so
             beene
             holden
             :
             For
             Kings
             have
             been
             capable
             of
             that
             Ceremony
             ,
             as
             soon
             as
             of
             the
             Title
             ,
             and
             yet
             commonly
             are
             supposed
             to
             be
             under
             the
             rule
             of
             necessity
             of
             Protectorship
             ,
             till
             they
             be
             fourteen
             years
             of
             age
             ,
             or
             (
             as
             the
             Case
             may
             be
             )
             longer
             :
             For
             although
             Henry
             the
             Sixth
             was
             once
             thought
             ripe
             ,
             when
             he
             was
             eight
             yeares
             old
             ,
             yet
             in
             the
             issue
             he
             proved
             scarce
             ripe
             for
             the
             Crowne
             at
             his
             two
             and
             twentieth
             yeare
             .
             Neverthelesse
             ,
             the
             default
             of
             Age
             is
             not
             the
             onely
             incapacity
             of
             Kings
             ;
             they
             have
             infirmities
             as
             other
             men
             ,
             yea
             more
             dangerous
             then
             any
             other
             man
             ;
             which
             though
             an
             unpleasant
             tune
             it
             be
             to
             harp
             upon
             ,
             yet
             it
             is
             a
             Theame
             ,
             that
             Nations
             sometimes
             are
             inforced
             to
             ruminate
             upon
             ,
             when
             God
             will
             give
             them
             Kings
             in
             his
             wrath
             ,
             and
             those
             also
             over
             to
             their
             own
             lusts
             in
             his
             anger
             .
             In
             such
             Cases
             therefore
             ,
             this
             Nation
             sometimes
             have
             fled
             to
             the
             refuge
             of
             a
             Protector
             ,
             and
             seldome
             it
             is
             ,
             that
             they
             can
             determine
             for
             how
             long
             :
             When
             Henry
             the
             Sixth
             ,
             was
             above
             thirty
             yeares
             old
             ;
             Richard
             Duke
             of
             Yorke
             was
             made
             
             Protector
             ,
             and
             Defendor
             of
             the
             Realme
             ,
             and
             of
             the
             Church
             ;
             It
             was
             done
             (
             if
             the
             Record
             saith
             true
             )
             by
             the
             King
             himselfe
             ,
             
               Autoritate
               Parliamenti
            
             :
             It
             was
             further
             provided
             by
             the
             Parliament
             ,
             that
             though
             this
             was
             to
             continue
             ,
             
               Quamdiu
               Regi
               placuerit
            
             ,
             yet
             the
             Duke
             should
             hold
             that
             place
             ,
             till
             the
             Kings
             Sonne
             Edward
             ,
             should
             come
             to
             yeares
             of
             discretion
             ,
             and
             shall
             Declare
             that
             he
             will
             take
             that
             place
             upon
             himself
             .
          
           
             
             The
             ground
             hereof
             is
             said
             to
             be
             ,
             that
             the
             King
             was
             ,
             
               Gravi
               infirmitate
               detentus
            
             ,
             which
             could
             not
             be
             intended
             of
             any
             bodily
             distemper
             ;
             for
             neither
             doth
             any
             such
             thing
             appeare
             by
             any
             Author
             ,
             or
             Record
             .
             Nor
             if
             such
             had
             been
             ,
             yet
             had
             it
             been
             an
             irrationall
             thing
             in
             the
             Parliament
             ,
             to
             determine
             the
             same
             upon
             the
             Princes
             discretion
             ,
             and
             acceptance
             of
             the
             Charge
             upon
             himselfe
             .
             It
             seemeth
             therefore
             ,
             that
             it
             was
             ,
             
               Gravis
               infirmitas
               Animi
            
             ,
             and
             that
             this
             way
             of
             the
             Parliament
             tended
             to
             a
             tacite
             sliding
             him
             out
             of
             the
             Government
             of
             the
             Kingdome
             ,
             by
             a
             moderate
             Expression
             of
             a
             Generall
             incapacity
             in
             his
             Person
             .
          
           
             The
             Conclusion
             of
             all
             that
             hath
             beene
             said
             concerning
             this
             Title
             ,
             is
             double
             :
             One
             ,
             that
             both
             the
             
               Custos
               Regni
            
             ,
             and
             Protector
             ,
             are
             not
             subsistent
             ,
             but
             consistent
             ,
             with
             that
             of
             a
             King
             ,
             because
             it
             supposes
             a
             King
             under
             incapacity
             .
          
           
             Secondly
             ,
             that
             they
             tend
             to
             teach
             the
             people
             a
             necessity
             of
             having
             one
             Cheife
             ,
             although
             it
             may
             ,
             in
             truth
             ,
             seem
             to
             be
             but
             a
             tricke
             of
             State
             ;
             like
             some
             pretty
             carved
             Cherubims
             in
             the
             Roofe
             of
             a
             building
             ,
             that
             doe
             seeme
             to
             beare
             it
             up
             ,
             when
             as
             ,
             in
             truth
             ,
             it
             is
             the
             Pillers
             that
             supporteth
             both
             it
             and
             them
             .
          
        
         
           
           
             CHAP.
             XVI
             .
             Concerning
             the
             Privy
             Councell
             .
          
           
             NAtions
             doe
             meet
             with
             their
             Exigencies
             as
             well
             as
             Persons
             ,
             and
             in
             such
             condition
             ,
             Resolutions
             taken
             up
             by
             sudden
             Conceit
             ,
             are
             many
             times
             more
             effectuall
             then
             more
             mature
             deliberations
             ,
             which
             require
             more
             time
             in
             composing
             ,
             are
             more
             slow
             in
             Conclusion
             ,
             let
             slip
             opportunities
             ,
             and
             fall
             short
             of
             Expectation
             in
             the
             end
             .
             Such
             are
             the
             wayes
             of
             debate
             in
             the
             Grand
             Representative
             of
             the
             Kingdome
             .
             Add
             hereunto
             ,
             that
             in
             putting
             the
             Lawes
             in
             execution
             ,
             greater
             discretion
             is
             required
             ,
             then
             can
             enter
             into
             the
             head
             of
             any
             one
             man
             ,
             and
             greater
             speed
             then
             can
             stand
             with
             debate
             amongst
             many
             :
             And
             therefore
             it
             is
             beyond
             all
             doubt
             ,
             that
             the
             Conventicles
             of
             Councell
             ,
             are
             no
             lesse
             necessary
             in
             their
             Degree
             ,
             then
             the
             Assembly
             of
             the
             Estates
             of
             this
             Nation
             ,
             in
             their
             Grand
             Convention
             .
          
           
             Yet
             with
             this
             Caveat
             ,
             that
             one
             Genius
             may
             move
             in
             both
             ;
             for
             otherwise
             the
             motions
             of
             Government
             must
             needs
             be
             inconstant
             ,
             inconsistent
             ,
             and
             like
             that
             of
             an
             Hipocrite
             ,
             one
             way
             abroade
             ,
             another
             way
             at
             home
             ;
             neither
             comfortable
             to
             it selfe
             ,
             nor
             confiding
             to
             others
             :
             and
             therefore
             cannot
             these
             privater
             Councells
             ,
             by
             any
             proportion
             of
             Reason
             ,
             be
             better
             Constituted
             ,
             then
             by
             the
             Representative
             it selfe
             ,
             that
             it
             may
             be
             a
             Creature
             made
             in
             its
             owne
             Image
             ,
             one
             and
             the
             same
             ,
             with
             the
             Image
             of
             the
             maker
             .
          
           
             This
             was
             the
             wisedome
             and
             the
             practise
             of
             these
             times
             ,
             
             more
             ordinarily
             then
             in
             the
             former
             ;
             for
             the
             Parliament
             was
             no
             lesse
             jealous
             of
             the
             power
             of
             Henry
             the
             Fourth
             ,
             then
             of
             the
             infirmities
             of
             Henry
             the
             Sixth
             ;
             nor
             more
             assured
             in
             the
             aimes
             of
             any
             of
             them
             all
             ,
             then
             themselves
             were
             in
             their
             own
             title
             to
             the
             Crown
             .
          
           
             Neither
             was
             this
             sufficient
             ,
             for
             the
             Parliament
             looked
             upon
             themselves
             as
             a
             body
             that
             somtimes
             must
             retire
             to
             rest
             ,
             
             and
             upon
             the
             privy
             Councel
             ,
             as
             watch-men
             subject
             to
             change
             ,
             and
             therefore
             they
             not
             onely
             give
             them
             instructions
             ,
             
             but
             ingage
             them
             unto
             observance
             .
             Their
             instructions
             were
             somtimes
             occasionall
             but
             some
             more
             generall
             ,
             of
             which
             I
             shall
             instance
             onely
             in
             two
             ,
             which
             were
             to
             be
             of
             everlasting
             regard
             .
             First
             ,
             that
             they
             should
             hold
             no
             Pleas
             before
             them
             ,
             that
             is
             to
             say
             ,
             at
             the
             Councell
             table
             ,
             or
             at
             the
             privy
             Councell
             ,
             nor
             before
             any
             of
             them
             ,
             unlesse
             as
             Judges
             in
             the
             Chancery
             Exchequer
             ,
             or
             Benches
             at
             Westminster
             ,
             
             so
             as
             whatsoever
             miscarriages
             were
             had
             by
             the
             privy
             Councell
             in
             Cases
             of
             judicature
             in
             the
             Star-Chamber
             formerly
             ,
             are
             now
             reduced
             ;
             The
             second
             rule
             was
             this
             ,
             
             that
             no
             dispatches
             should
             be
             made
             at
             the
             Councell
             table
             of
             any
             matters
             there
             agitated
             ,
             but
             by
             generall
             consent
             .
             Unity
             gives
             life
             to
             action
             ,
             carrying
             therewith
             both
             Authority
             and
             Power
             ;
             and
             when
             all
             is
             done
             ,
             must
             derive
             its
             originall
             from
             without
             ,
             and
             in
             all
             good
             ends
             from
             above
             .
             And
             therefore
             as
             a
             seale
             to
             all
             the
             rest
             it
             was
             wisely
             done
             by
             the
             Parliament
             to
             draw
             the
             minds
             of
             the
             Privy
             Councell
             together
             ,
             and
             to
             present
             them
             joyntly
             before
             God
             ,
             
             by
             an
             oath
             oblieging
             themselves
             to
             a
             solemn
             and
             constant
             observance
             of
             their
             instructons
             ,
             and
             to
             persevere
             therein
             ;
             for
             the
             unchangeable
             God
             can
             onely
             stamp
             a
             lasting
             Image
             upon
             the
             minde
             ,
             and
             bind
             the
             same
             (
             that
             is
             so
             subject
             to
             change
             )
             to
             an
             unchangeable
             Law
             ;
             whereby
             the
             People
             may
             be
             made
             as
             happy
             for
             continuance
             as
             for
             Righteousnesse
             and
             Peace
             .
          
           
             The
             privy
             Councell
             thus
             settled
             ,
             dressed
             ,
             and
             girt
             ,
             becomes
             of
             high
             esteeme
             ,
             both
             for
             trust
             and
             honorable
             imployment
             in
             great
             matters
             .
             The
             Mint
             is
             the
             very
             Liver
             of
             the
             Nation
             ,
             and
             was
             wont
             to
             be
             the
             cheife
             care
             of
             the
             Parliament
             it selfe
             in
             all
             the
             dimensions
             thereof
             ;
             now
             the
             Mint
             is
             two
             wayes
             considered
             ,
             Viz
             :
             either
             in
             the
             vallue
             of
             the
             Mettall
             and
             Mony
             ,
             or
             in
             the
             coynage
             .
          
           
             The
             first
             of
             these
             &
             things
             most
             immediatly
             concurring
             therewith
             ,
             the
             Parliament
             still
             retaines
             to
             its
             owne
             immediate
             Survey
             ;
             such
             as
             are
             the
             inhibiting
             of
             exportation
             of
             Gold
             ,
             and
             Silver
             ;
             and
             of
             melting
             of
             Coyne
             into
             Plate
             or
             Bullion
             ;
             the
             regulating
             of
             the
             currant
             of
             Forraine
             Coyne
             ,
             the
             reducing
             of
             
             Money
             ,
             both
             Eorrain
             and
             Domestick
             ,
             imbased
             by
             Counterfeiture
             ,
             clipping
             ,
             washing
             ,
             &c.
             
             The
             regulating
             of
             allay
             of
             Gold
             and
             Silver
             ;
             the
             regulating
             exchange
             ,
             and
             such
             like
             ;
             concerning
             all
             which
             ,
             the
             Reader
             may
             please
             to
             peruse
             the
             Statutes
             ,
             2
             H.
             4.
             cap.
             5
             ,
             6
             ,
             11
             ,
             13.
             4
             
             H.
             4.
             cap.
             16.
             3
             
             H.
             5.
             
             Stat.
             1.
             
             &
             4.
             cap.
             6.
             
             &
             9.
             cap.
             11.
             
             And
             2
             H.
             6.
             cap.
             6.
             
          
           
             The
             second
             Consideration
             touching
             the
             Mint
             ,
             
             concerned
             the
             election
             ,
             and
             government
             of
             the
             Officers
             ,
             touching
             the
             Mint
             and
             Exchange
             ,
             or
             the
             places
             where
             they
             shal
             be
             holden
             ,
             which
             with
             some
             other
             matters
             of
             inferiour
             Nature
             ,
             were
             left
             to
             the
             Order
             of
             the
             Privy
             Councell
             ,
             either
             with
             the
             King
             ,
             or
             alone
             ,
             in
             Case
             of
             the
             Kings
             absence
             or
             disability
             .
          
           
             A
             second
             power
             given
             to
             the
             Privy
             Councell
             ,
             was
             in
             point
             of
             Trade
             ,
             and
             Merchandize
             :
             formerly
             they
             had
             somewhat
             to
             doe
             therein
             ,
             but
             still
             the
             Parliament
             set
             out
             their
             bounds
             in
             Richard
             the
             Seconds
             time
             ,
             the
             people
             had
             liberty
             of
             trade
             in
             some
             Commodities
             ,
             by
             way
             of
             Exportation
             ,
             
             but
             the
             Privy
             Councell
             might
             restrain
             them
             upon
             inconvenience
             to
             the
             Publique
             :
             Now
             the
             same
             is
             confirmed
             ,
             
             and
             though
             it
             concerned
             Corne
             onely
             ,
             yet
             it
             was
             a
             President
             that
             led
             the
             way
             to
             a
             much
             larger
             power
             in
             the
             Trade
             of
             the
             Staple
             Commodities
             of
             this
             Iland
             ,
             to
             inlarge
             or
             straiten
             it
             as
             they
             thought
             meet
             ;
             and
             so
             they
             became
             in
             a
             fair
             way
             to
             have
             a
             principall
             power
             over
             the
             Revenues
             and
             Riches
             of
             this
             Nation
             .
             But
             this
             lasted
             not
             long
             ,
             for
             within
             ten
             yeares
             ,
             these
             Licences
             of
             Transportation
             cost
             the
             Merchant
             so
             much
             ,
             
             as
             he
             could
             make
             little
             gaines
             of
             all
             his
             care
             and
             paines
             ,
             and
             therefore
             a
             rule
             is
             set
             to
             a
             generall
             allowance
             of
             all
             Transportation
             of
             Corn
             ,
             till
             the
             price
             of
             Wheat
             came
             to
             a
             Noble
             ,
             and
             Barly
             at
             three
             shillings
             ,
             and
             no
             longer
             .
             This
             being
             first
             made
             Temporary
             ,
             was
             afterwards
             made
             perpetuall
             ,
             
             and
             so
             gave
             a
             restraint
             unto
             the
             power
             of
             the
             King
             and
             Councell
             .
             But
             where
             no
             Positive
             restraint
             was
             made
             by
             any
             Statute
             ,
             the
             King
             and
             Councell
             seemed
             to
             have
             the
             sole
             power
             left
             unto
             them
             ,
             to
             open
             and
             shut
             the
             passes
             of
             Trade
             as
             they
             pleased
             :
             For
             whereas
             the
             Commodity
             of
             Butter
             ,
             and
             Cheese
             ,
             was
             made
             Staple
             ,
             the
             King
             and
             Councell
             had
             
             power
             to
             stop
             the
             sale
             thereof
             ;
             notwithstanding
             ,
             that
             the
             Law
             gave
             full
             liberty
             to
             the
             Subjects
             to
             bring
             all
             their
             Staple
             Commodities
             to
             the
             Staple
             :
             
             Neverthelesse
             ,
             this
             power
             in
             the
             King
             is
             not
             Primitive
             ,
             but
             derived
             from
             the
             Parliament
             ,
             for
             they
             had
             power
             over
             the
             Kings
             Licences
             ,
             and
             Restraints
             in
             such
             Cases
             ,
             as
             by
             the
             severall
             Statutes
             doe
             appeare
             .
          
           
             A
             third
             power
             given
             to
             the
             Privy
             Councell
             ,
             was
             a
             power
             of
             Summons
             and
             Processe
             against
             Delinquents
             ,
             in
             Cases
             of
             Riots
             ,
             Extortions
             ,
             Oppressions
             ,
             and
             greivous
             Offences
             ;
             the
             Summons
             to
             be
             by
             Privy
             Seale
             ,
             the
             Process
             ,
             Proclamations
             ,
             and
             for
             Non-appearance
             ,
             
             Forfeiture
             ,
             if
             the
             Delinquent
             be
             of
             the
             Degree
             of
             a
             Lord
             ,
             if
             of
             inferiour
             ranke
             ,
             then
             a
             Fine
             or
             Outlary
             .
             At
             the
             first
             view
             the
             Statute
             hath
             an
             ill-favoured
             aspect
             ,
             as
             if
             it
             raised
             up
             a
             new
             Court
             of
             Judicature
             ,
             but
             the
             time
             is
             to
             be
             considered
             with
             the
             occasion
             ;
             for
             it
             was
             made
             for
             the
             securing
             of
             the
             Peace
             ,
             in
             a
             turbulent
             time
             .
             And
             besides
             ,
             the
             Law
             carrieth
             along
             with
             it
             two
             Restrictions
             ,
             which
             puts
             the
             right
             of
             Cognisance
             in
             the
             Privy
             Councell
             to
             the
             question
             .
          
           
             First
             ,
             it
             saveth
             the
             Jurisdiction
             of
             other
             Courts
             ,
             and
             provideth
             further
             ,
             
               That
               no
               matter
               determinable
               by
               the
               Law
               of
               this
               Realme
               ,
               shall
               be
               by
               this
               Act
               determined
               in
               other
               forme
               ,
               then
               after
               the
               course
               of
               the
               same
               Law
               in
               the
               Kings
               Court
               ,
               having
               determination
               of
               the
               same
            
             ;
             which
             implieth
             ,
             that
             some
             kindes
             of
             Riots
             ,
             and
             Extortions
             are
             of
             so
             high
             a
             nature
             ,
             that
             though
             determinable
             in
             the
             Kings
             Court
             ,
             yet
             are
             they
             to
             be
             determined
             before
             the
             Lords
             .
          
           
             In
             the
             next
             place
             ,
             this
             Law
             provideth
             that
             such
             offences
             ,
             as
             are
             determinable
             by
             the
             Law
             of
             the
             Realme
             ,
             that
             is
             by
             Jury
             ,
             shall
             still
             be
             so
             tried
             .
          
           
             
             Secondly
             ,
             if
             Conviction
             be
             upon
             Confession
             ,
             or
             by
             Certificate
             ,
             in
             case
             where
             (
             by
             reason
             of
             Parties
             ,
             and
             partakings
             )
             Inquisition
             by
             Jury
             can
             not
             be
             had
             ,
             there
             the
             Lords
             shall
             immediately
             determine
             the
             same
             .
          
           
             Lastly
             ,
             if
             the
             Certificate
             be
             traversed
             ,
             then
             the
             same
             shall
             be
             tried
             in
             the
             Kings
             Bench.
             
          
           
           
             But
             there
             is
             another
             Restriction
             that
             undoeth
             all
             ,
             in
             effect
             ,
             in
             point
             of
             right
             ,
             because
             what
             this
             Law
             setleth
             therein
             ,
             it
             setleth
             but
             for
             seven
             yeares
             ,
             and
             leaveth
             the
             Privy
             Councell
             to
             the
             limits
             of
             the
             Common
             Law
             for
             the
             future
             :
             In
             the
             mean
             time
             ,
             the
             Privy
             Councell
             may
             be
             thought
             terrible
             ,
             and
             very
             high
             ,
             both
             by
             this
             Law
             ,
             and
             the
             greatnesse
             of
             the
             Lords
             .
             Kings
             Unkles
             ,
             and
             Kings
             Brothers
             ,
             are
             Subjects
             indeed
             ,
             but
             of
             so
             high
             a
             Degree
             ,
             that
             if
             a
             little
             goodnesse
             of
             Nature
             ,
             or
             publique
             Spirit
             shine
             in
             them
             ,
             they
             soon
             become
             the
             Objects
             of
             Admiration
             from
             the
             Vulgar
             ,
             and
             gain
             more
             from
             them
             ,
             by
             their
             vicinity
             ,
             then
             the
             King
             can
             doe
             at
             a
             distance
             .
             For
             the
             Commons
             of
             England
             ,
             by
             the
             fair
             demeanour
             of
             popular
             great
             men
             ,
             are
             soon
             won
             out
             of
             their
             very
             cloathes
             ,
             and
             are
             never
             more
             in
             danger
             to
             part
             with
             their
             liberties
             ,
             then
             when
             the
             Heaven
             is
             faire
             above
             their
             heads
             ,
             and
             the
             Nobility
             serve
             the
             King
             ,
             and
             flatter
             them
             .
             Neverthelesse
             ,
             as
             I
             said
             ,
             the
             season
             must
             also
             be
             considered
             of
             this
             power
             ,
             thus
             by
             this
             Law
             contracted
             ;
             for
             what
             the
             Lords
             gained
             not
             by
             their
             Popularity
             ,
             the
             Queen
             did
             with
             her
             power
             ;
             who
             now
             mindfull
             of
             her
             contemned
             beauty
             ,
             and
             opposition
             from
             the
             Duke
             of
             Glocester
             against
             her
             marriage
             ,
             removes
             him
             out
             of
             the
             way
             ,
             gets
             the
             reines
             of
             Government
             into
             her
             hand
             ,
             and
             like
             a
             Woman
             drives
             on
             in
             full
             careere
             .
          
           
             The
             Duke
             of
             Yorke
             ,
             and
             other
             Lords
             ,
             not
             liking
             this
             gallop
             ,
             indeavour
             to
             stop
             her
             pace
             ,
             but
             are
             all
             overborn
             ,
             the
             Duke
             taken
             prisoner
             ,
             and
             doubtlesse
             had
             pledged
             the
             Duke
             of
             Glocester
             ,
             but
             that
             the
             Heire
             apparent
             of
             the
             House
             of
             Yorke
             steps
             in
             to
             rescue
             ;
             and
             new
             troubles
             arise
             in
             Gascoigne
             ,
             to
             put
             an
             end
             to
             which
             ,
             the
             Queenes
             party
             gaines
             ,
             and
             takes
             the
             Duke
             of
             Yorkes
             word
             for
             his
             good
             behaviour
             ,
             gets
             this
             Law
             to
             passe
             ,
             expecting
             hereby
             ,
             if
             not
             a
             full
             settlement
             at
             Home
             ,
             yet
             at
             least
             a
             respite
             to
             prevent
             dangers
             from
             abroad
             ,
             during
             the
             present
             exigency
             .
             And
             thus
             upon
             the
             whole
             matter
             ,
             the
             Lords
             and
             Privy
             Councell
             are
             mounted
             up
             by
             the
             Commons
             to
             their
             own
             mischeif
             .
          
        
         
           
           
             CAHP.
             XVII
             .
             Of
             the
             Clergie
             ,
             and
             Church-government
             ,
             during
             these
             times
             .
          
           
             IT
             was
             no
             new
             thing
             in
             the
             World
             ,
             for
             Princes
             of
             a
             wounded
             Title
             ,
             to
             goe
             to
             the
             Church-men
             for
             a
             plaister
             ,
             and
             they
             are
             ready
             enough
             to
             sing
             a
             Requiem
             ,
             so
             as
             they
             may
             be
             the
             gainers
             :
             The
             Princes
             therefore
             of
             the
             House
             of
             Lancaster
             ,
             had
             offended
             against
             common
             sense
             ,
             if
             they
             had
             not
             done
             the
             like
             themselves
             ,
             being
             not
             onely
             guilty
             in
             their
             Title
             ,
             but
             also
             by
             a
             secret
             Providence
             ,
             drawn
             into
             one
             interest
             together
             with
             the
             Church-men
             to
             support
             each
             other
             .
             For
             Henry
             the
             Fourth
             ,
             and
             Arch-bishop
             Arundell
             ,
             meeting
             together
             under
             one
             condition
             of
             Banishment
             ,
             become
             Consorts
             in
             sufferings
             ,
             and
             Consorts
             in
             Honour
             ;
             for
             Society
             begotten
             in
             trouble
             ,
             is
             nourished
             in
             Prosperity
             ,
             by
             remembrance
             of
             mutuall
             kindnesses
             in
             a
             necessitous
             Estate
             ,
             which
             commonly
             are
             the
             more
             hearty
             ,
             and
             more
             sensible
             ,
             by
             how
             much
             other
             Contentments
             are
             more
             scant
             .
             But
             the
             Arch-bishop
             had
             yet
             a
             further
             advantage
             upon
             the
             heart
             of
             Henry
             the
             Fourth
             ,
             though
             he
             was
             no
             man
             of
             power
             ,
             yet
             he
             was
             of
             great
             Interest
             ;
             exceedingly
             beloved
             of
             the
             English
             Clergy
             ,
             and
             the
             more
             for
             his
             Banishment
             sake
             :
             Now
             whatsoever
             he
             is
             ,
             or
             hath
             ,
             is
             the
             Kings
             ,
             and
             the
             King
             is
             his
             ;
             the
             sweet
             influence
             of
             the
             Arch-Bishop
             ,
             and
             the
             Clergy
             ,
             enters
             into
             his
             very
             Soule
             ;
             they
             are
             his
             dearly
             beloved
             ,
             for
             the
             great
             Naturall
             Love
             (
             as
             he
             sayes
             to
             the
             World
             )
             they
             beare
             to
             him
             ;
             what
             he
             could
             ,
             he
             got
             ,
             what
             he
             got
             ,
             he
             gave
             to
             the
             Church
             :
             Thus
             the
             Family
             of
             Lancaster
             ,
             becomming
             a
             mighty
             support
             unto
             the
             Clergy
             ,
             Romane
             as
             it
             was
             ;
             they
             also
             became
             as
             stout
             maintainers
             of
             the
             crackt
             Title
             of
             that
             younger
             House
             :
             So
             was
             fulfilled
             the
             old
             Prophecy
             of
             the
             Oyle
             given
             to
             Henry
             the
             first
             ,
             Duke
             of
             Lancaster
             ,
             wherewith
             
               Henry
               the
               Fourth
               was
               anointed
               ,
               That
               Kings
               anointed
               with
               that
               Oyle
               ,
               should
               be
               the
               
               Champions
               of
               the
               Church
               .
            
             Now
             for
             the
             more
             particular
             clearing
             of
             this
             ,
             we
             are
             to
             consider
             the
             Church
             absolutely
             ,
             or
             in
             relation
             to
             the
             Politicall
             Government
             of
             the
             People
             .
             Concerning
             the
             later
             ,
             many
             things
             did
             befall
             ,
             that
             were
             of
             a
             different
             peice
             to
             the
             rest
             ,
             in
             regard
             that
             the
             Lords
             ,
             for
             the
             most
             part
             ,
             were
             for
             the
             Clergy
             ,
             and
             they
             for
             themselves
             ;
             but
             the
             Commons
             began
             to
             be
             so
             well
             savoured
             with
             Wickl●●fs
             way
             ,
             that
             they
             begin
             to
             bid
             defiance
             to
             the
             Clergies
             self-ends
             ,
             and
             aimes
             :
             and
             because
             they
             could
             not
             reach
             their
             heads
             ,
             they
             drive
             home
             blowes
             at
             their
             legs
             .
          
           
             A
             Parliament
             is
             called
             ,
             and
             because
             the
             King
             had
             heard
             somewhat
             ,
             feared
             that
             the
             People
             were
             more
             learned
             then
             was
             meete
             for
             his
             purpose
             ,
             and
             that
             the
             Parliament
             should
             be
             too
             wise
             ;
             he
             therefore
             will
             have
             a
             Parliament
             ,
             wherein
             the
             People
             should
             have
             no
             more
             Religion
             ,
             then
             to
             beleive
             ;
             nor
             Learning
             ,
             then
             to
             understand
             his
             sense
             ,
             nor
             wisedome
             then
             to
             take
             heed
             of
             a
             Negative
             Vote
             :
             But
             it
             befell
             otherwise
             ,
             for
             though
             it
             was
             called
             the
             Lack-learning
             Parliament
             ,
             yet
             had
             it
             well
             enough
             to
             discern
             the
             Clergies
             inside
             ,
             and
             Resolution
             enough
             to
             enter
             a
             second
             claime
             against
             the
             Clergies
             Temporalties
             ,
             and
             taught
             the
             King
             a
             Lesson
             ,
             
               That
               the
               least
               understanding
               Parliaments
               ,
               are
               not
               the
               best
               for
               his
               purpose
            
             :
             For
             though
             the
             wisest
             Parliaments
             have
             the
             strongest
             sight
             ,
             and
             can
             see
             further
             then
             the
             King
             would
             have
             them
             ,
             yet
             they
             have
             also
             so
             much
             wisedome
             ,
             as
             to
             look
             to
             their
             own
             skins
             ,
             and
             commonly
             are
             not
             so
             venterous
             ,
             as
             to
             tell
             all
             the
             World
             what
             they
             know
             ,
             or
             to
             act
             too
             much
             of
             that
             which
             they
             doe
             understand
             .
             But
             this
             Parliament
             ,
             whether
             wise
             ,
             or
             unwise
             ,
             spake
             loud
             of
             the
             Clergies
             superfluous
             Riches
             ,
             and
             the
             Kings
             wants
             are
             parallel'd
             therewith
             ,
             and
             that
             the
             Church-men
             may
             well
             spare
             enough
             to
             maintaine
             fifteen
             Earles
             ,
             fifteen
             hundred
             Knights
             ,
             six
             thousand
             two
             hundred
             Esquires
             ,
             and
             one
             hundred
             Hospitalls
             more
             then
             were
             in
             his
             Kingdome
             .
          
           
             This
             was
             a
             strong
             temptation
             to
             a
             needy
             and
             couragious
             Prince
             ,
             but
             the
             Arch-Bishop
             was
             at
             his
             elbow
             ;
             the
             King
             tells
             the
             Commons
             ,
             that
             the
             Norman
             and
             French
             Cells
             were
             in
             
             his
             Predecessors
             time
             seized
             under
             this
             colour
             ,
             yet
             the
             Crowne
             was
             not
             the
             richer
             thereby
             ;
             he
             therefore
             resolves
             rather
             to
             add
             to
             ,
             then
             diminish
             any
             thing
             from
             ,
             the
             maintenance
             of
             the
             Clergy
             .
          
           
             Thus
             ,
             as
             the
             King
             said
             ,
             he
             did
             ,
             though
             he
             made
             bold
             with
             the
             Keyes
             of
             Saint
             Peter
             ;
             for
             he
             could
             distinguish
             between
             his
             owne
             Clergy
             ,
             and
             the
             Romane
             .
             The
             People
             are
             herewith
             put
             to
             silence
             ,
             yet
             harbour
             sad
             conceits
             of
             the
             Clergy
             against
             a
             future
             time
             ,
             which
             like
             a
             hidden
             fire
             ,
             are
             not
             onely
             preserved
             ,
             but
             increased
             by
             continuall
             occasions
             ,
             and
             more
             principally
             from
             the
             zeal
             of
             the
             Clergy
             ,
             now
             growing
             fiery
             hot
             against
             the
             Lollards
             .
             For
             that
             not
             onely
             the
             People
             ,
             but
             the
             Nobles
             ,
             yea
             ,
             some
             of
             the
             Royall
             blood
             ,
             were
             not
             altogether
             estranged
             from
             this
             new
             old
             way
             ;
             whether
             it
             was
             sucked
             from
             their
             Grand-Father
             Duke
             John
             ,
             or
             from
             a
             Popular
             strain
             ,
             of
             which
             that
             House
             of
             Lancaster
             had
             much
             experience
             ,
             I
             determine
             not
             .
             These
             were
             the
             Dukes
             of
             Bedford
             and
             
               Glocester
               ;
               Bedford
            
             was
             first
             at
             the
             Helme
             of
             Affaires
             at
             home
             ,
             whiles
             the
             King
             acted
             the
             Souldiers
             part
             in
             France
             ,
             as
             ill
             conceited
             of
             by
             the
             Clergy
             ,
             as
             they
             sleighted
             by
             him
             .
             At
             a
             Convocation
             once
             assembled
             against
             the
             Lollards
             ,
             the
             Duke
             sent
             unto
             their
             Assembly
             his
             Dwarfe
             ,
             as
             a
             great
             Lollard
             ,
             though
             he
             was
             a
             little
             Man
             ,
             and
             he
             returned
             as
             he
             went
             ,
             
             even
             as
             Catholique
             ,
             as
             any
             of
             them
             all
             ;
             
               Non
               tam
               dispectus
               à
               Clero
               ,
               quam
               ipse
               Clerum
               despiciens
               atque
               eludens
               .
            
             This
             ,
             and
             some
             other
             sleights
             the
             Clergy
             liked
             not
             ,
             they
             therefore
             finde
             a
             way
             to
             send
             him
             into
             France
             ,
             to
             be
             a
             Reserve
             to
             his
             Brother
             :
             And
             in
             his
             roome
             steps
             forth
             Humphrey
             Duke
             of
             Glocester
             ,
             that
             was
             no
             lesse
             coole
             for
             the
             Romane
             way
             then
             he
             .
             Henry
             the
             Fifth
             was
             not
             more
             hearty
             in
             Romes
             behalf
             ,
             for
             although
             he
             was
             loath
             to
             interrupt
             his
             Conquest
             abroad
             ,
             with
             contests
             at
             home
             ,
             yet
             he
             liked
             not
             of
             advancements
             from
             Rome
             ;
             insomuch
             ,
             as
             perceiving
             the
             Bishop
             of
             Winchester
             ,
             to
             aspire
             to
             a
             Cardinals
             Hat
             ,
             he
             said
             ,
             that
             he
             would
             as
             well
             lay
             aside
             his
             own
             Crowne
             ,
             as
             allow
             the
             Bishop
             to
             take
             the
             Hat.
             Nor
             was
             he
             much
             trusted
             by
             the
             Clergy
             ,
             who
             were
             willing
             he
             should
             rather
             ingage
             in
             the
             
             Wars
             with
             France
             ,
             then
             minde
             the
             Proposalls
             of
             the
             Commons
             ,
             concerning
             the
             Clergies
             Temporalties
             ,
             which
             also
             was
             renued
             in
             the
             Parliament
             in
             his
             dayes
             .
             Above
             all
             ,
             as
             the
             Lancastrian
             House
             loved
             to
             looke
             to
             its
             own
             ,
             so
             especially
             in
             relation
             to
             Rome
             ,
             they
             were
             the
             more
             jealous
             ,
             by
             how
             much
             it
             pretended
             upon
             them
             ,
             for
             its
             favour
             done
             to
             their
             House
             :
             And
             therefore
             Henry
             the
             Fourth
             ,
             the
             most
             obleiged
             of
             all
             the
             rest
             ,
             looked
             to
             the
             Provisors
             more
             strictly
             then
             his
             Predecessors
             had
             ;
             and
             not
             only
             confirmed
             all
             the
             Statutes
             concerning
             the
             same
             already
             made
             ,
             
             but
             had
             also
             provided
             against
             Provisors
             of
             any
             annuall
             Office
             ,
             or
             Profit
             ,
             or
             of
             Bulls
             ,
             of
             Exemption
             from
             payment
             of
             Tythes
             ,
             or
             from
             Obedience
             ,
             
             Regular
             or
             Ordinary
             ,
             and
             made
             them
             all
             punishable
             within
             the
             Statute
             ;
             and
             further
             ,
             made
             all
             Licenses
             ,
             and
             Pardons
             ,
             contrary
             thereto
             (
             granted
             by
             the
             King
             )
             void
             against
             the
             Incumbent
             ,
             and
             gave
             damages
             to
             the
             Incumbent
             in
             such
             vexations
             ;
             for
             the
             former
             Lawes
             had
             saved
             the
             right
             to
             the
             true
             Patron
             ,
             both
             against
             Pope
             ,
             and
             King.
             
          
           
             And
             thus
             the
             English
             Kings
             were
             Servants
             to
             the
             Church
             of
             England
             ,
             at
             the
             charges
             of
             Rome
             ,
             whiles
             the
             Popedome
             being
             now
             under
             a
             wasting
             and
             devouring
             Scisme
             ,
             was
             unable
             to
             help
             it selfe
             ,
             and
             so
             continued
             untill
             the
             time
             of
             Henry
             the
             Sixth
             ;
             at
             which
             time
             ,
             the
             Clergy
             of
             England
             ,
             got
             it selfe
             under
             the
             power
             and
             shadow
             of
             a
             Protector
             ,
             a
             kinde
             of
             Creature
             ,
             made
             up
             by
             a
             Pope
             and
             a
             King.
             This
             was
             the
             Bishop
             of
             Winchester
             ,
             so
             great
             a
             Man
             ,
             both
             for
             Birth
             ,
             parts
             of
             Nature
             ,
             Riches
             ,
             Spirit
             ,
             and
             Place
             ,
             as
             none
             before
             him
             ever
             the
             like
             ;
             for
             he
             was
             both
             Cardinall
             ,
             Legate
             ,
             and
             Chancellour
             of
             England
             ;
             and
             had
             gotten
             to
             his
             aide
             ,
             the
             Bishop
             of
             Bathe
             ,
             to
             be
             Lord
             Treasurer
             of
             England
             :
             Now
             comes
             the
             matter
             concerning
             Provisors
             once
             more
             to
             be
             revived
             .
          
           
             First
             ,
             more
             craftily
             by
             collogueing
             with
             the
             Nobility
             ,
             who
             now
             had
             the
             sway
             in
             the
             Kings
             minority
             ,
             but
             they
             would
             none
             :
             An
             answer
             is
             given
             by
             the
             King
             ,
             that
             he
             was
             too
             young
             to
             make
             alteration
             in
             matters
             of
             so
             high
             Concernment
             ,
             yet
             he
             promised
             moderation
             .
             The
             Clergy
             are
             put
             to
             
             silence
             herewith
             ,
             and
             so
             continue
             till
             the
             King
             was
             six
             yeares
             elder
             ,
             and
             then
             with
             Money
             in
             one
             hand
             ,
             and
             a
             Petition
             in
             the
             other
             ,
             they
             renue
             their
             Suit
             ,
             but
             in
             a
             more
             subtill
             way
             :
             For
             they
             would
             not
             pretend
             Ro●e
             ,
             but
             the
             English
             Churches
             liberties
             ;
             they
             would
             not
             move
             against
             the
             Statutes
             of
             Praemuniri
             ,
             but
             to
             have
             them
             explained
             ;
             it
             was
             not
             much
             they
             complained
             of
             ,
             for
             it
             was
             but
             that
             one
             word
             ,
             
             Otherwhere
             ,
             which
             ,
             say
             they
             ,
             the
             Judges
             of
             the
             Common
             Law
             expound
             too
             largely
             ,
             not
             onely
             against
             the
             Jurisdiction
             of
             the
             Holy
             Sea
             ,
             but
             against
             the
             Jurisdiction
             of
             the
             English
             Prelacy
             ,
             which
             they
             never
             intended
             in
             the
             passing
             of
             those
             Lawes
             :
             Their
             Conclusion
             is
             therefore
             a
             Prayer
             ,
             
               That
               the
               King
               will
               please
               to
               allow
               the
               Jurisdiction
               of
               their
               Ecclesiasticall
               Courts
               ,
               and
               that
               Prohibitions
               in
               such
               Cases
               ,
               may
               be
               stopped
               .
            
             But
             the
             King
             ,
             either
             perceiving
             that
             the
             Authority
             of
             English
             Prelacy
             ,
             was
             wholly
             dependent
             on
             the
             Sea
             of
             Rome
             ,
             and
             acted
             either
             under
             the
             shadow
             Legatine
             ,
             or
             at
             the
             best
             ,
             sought
             an
             Independent
             power
             of
             their
             own
             :
             Or
             else
             the
             King
             doubting
             that
             the
             calling
             of
             one
             word
             of
             that
             Statute
             into
             question
             ,
             that
             had
             continued
             so
             long
             ,
             might
             indanger
             the
             whole
             Law
             into
             uncertainty
             ,
             declined
             the
             matter
             ,
             saving
             in
             the
             moderation
             of
             Prohibitions
             .
             Thus
             the
             English
             Clergy
             are
             put
             to
             a
             retreat
             ,
             from
             their
             reserve
             at
             Rome
             ;
             all
             which
             they
             now
             well
             saw
             ,
             yet
             it
             was
             hard
             to
             wean
             them
             :
             The
             Cardinall
             of
             Winchester
             was
             a
             great
             Man
             ,
             and
             loath
             to
             lay
             down
             his
             power
             ;
             but
             his
             own
             Tribe
             grew
             weary
             of
             him
             ,
             and
             his
             Power
             :
             For
             the
             greater
             some
             Church-men
             are
             ,
             unlesse
             they
             be
             better
             then
             men
             ,
             the
             inferiour
             ,
             and
             better
             Church-men
             ,
             are
             worse
             then
             men
             ;
             at
             length
             therefore
             the
             Cardinall
             is
             Un-Legated
             ,
             and
             that
             Power
             conferred
             upon
             the
             Arch-Bishop
             of
             Canterbury
             ,
             a
             Man
             formerly
             well
             approved
             ,
             but
             by
             this
             very
             influence
             from
             Rome
             ,
             rendered
             suspected
             ;
             which
             he
             perceiving
             ,
             protested
             against
             the
             Exercise
             of
             the
             Jurisdiction
             Legatine
             ,
             without
             the
             Kings
             allowance
             ,
             and
             so
             mannerly
             crept
             into
             the
             Chaire
             .
          
           
             The
             English
             Kings
             and
             Clergy
             ,
             having
             thus
             attained
             the
             right
             discerning
             of
             each
             other
             ,
             begin
             to
             take
             up
             a
             new
             way
             
             of
             Policy
             ;
             which
             was
             to
             hold
             nothing
             of
             the
             Popedome
             ,
             but
             the
             forme
             of
             Worship
             ,
             and
             Discipline
             ;
             but
             as
             touching
             Jurisdiction
             ,
             they
             held
             it
             a
             high
             point
             of
             wisedome
             ,
             either
             to
             fetch
             it
             nigh
             at
             home
             ,
             or
             to
             be
             silent
             in
             the
             matter
             ;
             having
             now
             found
             a
             main
             difference
             between
             the
             Popes
             Will
             ,
             and
             the
             Church
             Law
             ;
             and
             therefore
             ,
             as
             formerly
             ,
             
             the
             Convocation
             and
             Parliament
             joyned
             in
             excluding
             of
             Forrainers
             from
             Church-livings
             ,
             under
             the
             Notion
             of
             Intelligencers
             to
             Enemies
             abroade
             :
             So
             neither
             now
             will
             they
             allow
             any
             Provisions
             for
             English
             men
             ;
             and
             upon
             this
             ground
             the
             Deane
             and
             Chapter
             of
             Yorke
             refused
             to
             admit
             the
             Bishop
             of
             Lincolne
             ,
             to
             the
             Sea
             of
             Yorke
             ,
             although
             designed
             he
             was
             thereto
             by
             Pope
             Martin
             ,
             and
             he
             the
             Darling
             of
             Nations
             ,
             being
             by
             joynt
             consent
             advanced
             to
             the
             Triple
             Crowne
             ,
             that
             had
             been
             formerly
             tripled
             amongst
             three
             Popes
             ,
             and
             troubled
             all
             Europe
             :
             And
             whereas
             during
             the
             Tripapalty
             ,
             much
             money
             had
             been
             Levied
             here
             in
             England
             ,
             to
             serve
             for
             the
             recovery
             of
             the
             Popedome
             ,
             to
             one
             of
             English
             Interest
             :
             Now
             by
             joynt
             consent
             ,
             the
             same
             is
             seized
             upon
             and
             stopped
             ,
             as
             fewell
             from
             the
             fire
             ,
             and
             spent
             by
             Henry
             the
             Fifth
             ,
             in
             the
             recovery
             of
             a
             Kingdome
             in
             France
             ,
             that
             should
             have
             beene
             imployed
             in
             recovery
             of
             a
             Popedome
             at
             Rome
             :
             these
             things
             concurred
             to
             give
             a
             wound
             to
             the
             Popedome
             ,
             that
             was
             never
             cured
             to
             this
             day
             .
          
           
             Neverthelesse
             the
             English
             Clergy
             was
             no
             looser
             by
             all
             this
             ,
             but
             gained
             in
             the
             whole
             summe
             :
             for
             as
             it
             made
             them
             more
             depending
             on
             the
             Crowne
             ,
             so
             it
             made
             the
             Crowne
             more
             fast
             to
             them
             ,
             from
             which
             they
             had
             received
             more
             reall
             immunities
             and
             power
             ,
             then
             the
             Pope
             ever
             did
             ,
             or
             was
             able
             to
             give
             them
             ,
             and
             might
             expect
             to
             receive
             many
             more
             .
             What
             Personall
             respects
             these
             three
             Kings
             shewed
             them
             ,
             hath
             been
             already
             touched
             :
             Henry
             the
             sixth
             added
             one
             favour
             ,
             which
             made
             all
             the
             rest
             more
             considerable
             :
             hitherto
             they
             had
             used
             to
             meete
             in
             Convocation
             ,
             as
             upon
             the
             interest
             of
             Rome
             ,
             and
             little
             notice
             was
             taken
             of
             them
             ;
             now
             the
             Nation
             owns
             them
             ,
             and
             in
             some
             respects
             their
             worke
             ,
             and
             it
             is
             granted
             ,
             That
             the
             Clerkes
             of
             Convocation
             called
             by
             the
             Kings
             Writ
             ,
             and
             their
             
             Meniall
             Servants
             shall
             have
             such
             priviledge
             ,
             
             in
             comming
             ,
             tarrying
             ,
             and
             going
             ,
             as
             the
             Members
             of
             the
             Parliament
             have
             :
             So
             as
             though
             they
             be
             not
             Members
             yet
             they
             are
             as
             Members
             ,
             if
             they
             assemble
             by
             the
             Kings
             Writ
             ,
             and
             not
             onely
             by
             the
             power
             of
             the
             Legate
             or
             Metropolitan
             .
             
             The
             antiquity
             of
             this
             Court
             is
             great
             ,
             yet
             not
             so
             great
             as
             hath
             beene
             supposed
             ;
             nor
             is
             it
             that
             Court
             of
             the
             Ordinary
             ,
             called
             the
             Church
             Gemot
             ,
             mentioned
             in
             the
             Lawes
             of
             Henry
             the
             first
             ,
             as
             not
             only
             the
             work
             thereof
             ,
             therein
             set
             down
             ,
             doe
             sufficiently
             declare
             ,
             but
             also
             its
             evident
             ,
             that
             in
             Henry
             the
             seconds
             dayes
             the
             Grand
             Councells
             of
             this
             Kingdome
             were
             Joyntly
             mixed
             both
             of
             Clergy
             and
             Laity
             ,
             nor
             could
             the
             Clergy
             shut
             the
             Laity
             from
             their
             Councels
             ,
             till
             about
             the
             times
             of
             Richard
             the
             first
             ,
             or
             King
             John.
             From
             which
             time
             forward
             the
             Laity
             were
             so
             far
             from
             protecting
             of
             them
             (
             till
             these
             times
             now
             in
             hand
             )
             that
             all
             their
             care
             was
             to
             keep
             them
             from
             violating
             the
             liberty
             of
             the
             People
             .
             That
             they
             were
             many
             times
             notwithstanding
             called
             together
             by
             the
             Kings
             Writ
             before
             these
             times
             ,
             
             hath
             been
             also
             cleared
             by
             another
             Penn.
             That
             their
             worke
             at
             such
             times
             was
             to
             advise
             concerning
             such
             matters
             as
             should
             be
             propounded
             to
             them
             by
             the
             King
             in
             Parliament
             ,
             their
             summons
             do
             shew
             ;
             the
             particulars
             whereof
             ,
             for
             the
             most
             part
             ,
             concerned
             supplies
             of
             Mony
             from
             the
             Churchmen
             ,
             and
             yet
             somtimes
             matters
             of
             great
             moment
             were
             debated
             therein
             :
             as
             in
             a
             Convocation
             summoned
             by
             Henry
             the
             Fifth
             in
             his
             ninth
             year
             ,
             the
             pre-eminence
             of
             Pope
             Eugenius
             above
             the
             Councill
             of
             Bazill
             was
             debated
             ,
             and
             as
             much
             as
             they
             could
             ,
             determined
             the
             same
             :
             the
             credit
             of
             their
             decisions
             in
             former
             times
             ,
             I
             beleeve
             ,
             was
             not
             much
             amongst
             the
             People
             ,
             because
             the
             men
             were
             looked
             upon
             with
             an
             evil
             eye
             :
             Now
             that
             the
             Parliament
             seemeth
             to
             owne
             them
             in
             thier
             way
             ,
             and
             to
             protect
             them
             ;
             their
             determinations
             are
             somewhat
             :
             The
             Churchmen
             espy
             their
             opportunity
             ,
             and
             whiles
             the
             benevolent
             influence
             of
             the
             State
             is
             in
             its
             first
             heat
             ,
             they
             improve
             it
             in
             this
             manner
             .
             The
             times
             were
             now
             come
             about
             wherein
             light
             began
             to
             spring
             forth
             ,
             conscience
             to
             bestirr
             it selfe
             ,
             and
             men
             to
             study
             the
             Scriptures
             ;
             This
             was
             imputed
             to
             the
             idlenesse
             
             and
             carlesnesse
             of
             the
             Clergy
             ,
             who
             suffered
             the
             mindes
             of
             young
             Schollers
             to
             luxuriate
             into
             errors
             of
             Divinity
             ,
             for
             want
             of
             putting
             them
             on
             to
             other
             Learning
             ,
             and
             gave
             no
             incouragement
             to
             studyes
             of
             human
             Literature
             ,
             by
             preferring
             those
             that
             were
             deserving
             .
             The
             Convocation
             taking
             this
             into
             consideration
             ,
             do
             decree
             ,
             
             that
             no
             person
             should
             excercise
             any
             jurisdiction
             in
             any
             Office
             ,
             as
             Vicar-generall
             ,
             Commissary
             ,
             or
             Officiall
             ,
             or
             otherwise
             ,
             unlesse
             he
             shall
             have
             first
             in
             the
             University
             taken
             degrees
             in
             the
             civill
             or
             canon
             Law
             :
             A
             shrewd
             trick
             this
             was
             to
             stop
             the
             growth
             of
             the
             study
             of
             Divinity
             ,
             and
             Wickleifs
             way
             :
             and
             to
             imbellish
             mens
             mindes
             with
             a
             kind
             of
             Learning
             that
             may
             gaine
             them
             preferment
             ,
             or
             at
             least
             an
             opinion
             of
             abilityes
             beyond
             the
             common
             straine
             ,
             and
             dangerous
             to
             be
             medled
             with
             ,
             like
             some
             Gallants
             that
             weare
             Swords
             as
             badges
             of
             Honour
             ,
             and
             to
             bid
             men
             beware
             ,
             because
             they
             possibly
             may
             strike
             ,
             though
             in
             their
             own
             persons
             they
             may
             be
             very
             Cowards
             ;
             and
             no
             less
             mischeivously
             intended
             was
             this
             against
             the
             rugged
             common
             Law
             ,
             a
             rule
             so
             nigh
             allyed
             to
             the
             Gospel
             way
             ,
             as
             it
             favoreth
             liberty
             ,
             and
             so
             far
             estranged
             from
             the
             way
             of
             the
             civill
             and
             canon
             Law
             ,
             as
             there
             is
             no
             hope
             of
             accommodation
             till
             Christ
             and
             Antichrist
             have
             fought
             the
             feild
             .
          
           
             Thus
             much
             of
             the
             Church
             of
             England
             ,
             in
             relation
             to
             the
             State
             ,
             now
             as
             it
             is
             absolutely
             considered
             in
             regard
             of
             the
             severall
             degrees
             of
             Persons
             therein
             .
             Although
             these
             three
             Kings
             were
             much
             indeered
             to
             the
             English
             Clergy
             ;
             yet
             the
             difference
             between
             the
             Laity
             and
             them
             growing
             high
             ,
             the
             Kings
             principall
             care
             is
             now
             ,
             to
             keep
             an
             even
             hand
             between
             them
             both
             ,
             for
             he
             that
             will
             back
             two
             Horses
             at
             once
             ,
             must
             keep
             them
             even
             ,
             or
             put
             his
             joints
             to
             the
             adventure
             :
             First
             ,
             Henry
             the
             fourth
             granteth
             ,
             that
             no
             more
             shall
             be
             payed
             to
             Rome
             for
             the
             first
             fruits
             of
             Arch-Bishops
             and
             Bishops
             ,
             
             then
             hath
             been
             anciently
             used
             .
             The
             occasion
             hereof
             was
             to
             prevent
             the
             horrible
             mischeif
             and
             damnable
             custome
             of
             Rome
             ;
             for
             such
             are
             the
             very
             words
             of
             that
             Statute
             ,
             unto
             which
             the
             Clergy
             gave
             their
             Vote
             ,
             if
             not
             the
             first
             vote
             ;
             and
             therefore
             certainly
             did
             neither
             beleeve
             ,
             nor
             honor
             that
             infallible
             Chaire
             as
             their
             
             owne
             Mother
             ;
             nor
             did
             they
             beare
             her
             yoake
             further
             then
             their
             owne
             benefit
             ,
             and
             reason
             of
             State
             did
             require
             ,
             for
             though
             the
             immediate
             benefit
             of
             this
             Law
             did
             descend
             upon
             the
             Prelacy
             ;
             yet
             it
             also
             much
             concerned
             the
             interest
             ,
             both
             of
             the
             honor
             and
             benefit
             of
             the
             Nation
             ,
             that
             the
             Clergy
             should
             not
             be
             at
             the
             Popes
             pleasure
             to
             tax
             and
             assesse
             as
             he
             thought
             good
             .
          
           
             
             Secondly
             ,
             Henry
             the
             fifth
             added
             unto
             the
             Prelacy
             some
             kinde
             of
             increase
             ,
             both
             of
             Honour
             ,
             and
             Power
             ,
             Viz.
             To
             visit
             Hospitalls
             that
             were
             not
             of
             the
             Kings
             owne
             foundation
             ,
             and
             to
             reforme
             abuses
             there
             ;
             for
             the
             Patrons
             either
             had
             no
             Power
             to
             punish
             ,
             or
             will
             or
             care
             to
             reform
             them
             ;
             and
             thus
             upon
             the
             point
             ,
             although
             they
             lost
             a
             right
             ,
             yet
             they
             gained
             ease
             .
          
           
             
             Thirdly
             ,
             the
             same
             King
             confirmed
             by
             a
             Statute
             unto
             Ordinaries
             ,
             the
             Cognisance
             of
             accompts
             of
             Executors
             ,
             for
             their
             Testators
             Estates
             ,
             which
             formerly
             was
             granted
             by
             the
             Canon
             Law
             ,
             but
             they
             wanted
             power
             to
             execute
             ,
             and
             a
             right
             to
             have
             and
             receive
             :
             In
             all
             these
             the
             Clergy
             or
             Prelacy
             were
             the
             immediate
             gainers
             .
             In
             as
             many
             other
             things
             the
             People
             were
             made
             gainers
             ,
             and
             yet
             the
             Clergy
             were
             no
             loosers
             ,
             otherwise
             then
             (
             like
             the
             Kite
             )
             that
             prey
             which
             was
             none
             of
             their
             owne
             .
          
           
             First
             ,
             they
             refused
             formerly
             to
             grant
             copies
             of
             Libells
             ,
             either
             thereby
             to
             hinder
             the
             course
             of
             Prohibitions
             ,
             or
             to
             make
             the
             copies
             the
             more
             dear
             ,
             and
             Mony
             more
             Cheap
             with
             them
             .
             Henry
             the
             fifth
             finding
             this
             a
             greivance
             to
             the
             People
             ,
             passeth
             a
             Law
             ,
             that
             all
             Ordinaries
             shall
             grant
             the
             copies
             of
             Libells
             at
             such
             time
             as
             by
             Law
             they
             are
             grantable
             .
          
           
             
             Secondly
             ,
             as
             the
             Probate
             of
             Wills
             had
             anciently
             belonged
             to
             the
             Ordinary
             ,
             by
             the
             Canon
             Law
             ,
             and
             formerly
             also
             confirmed
             to
             them
             by
             the
             Parliament
             ,
             so
             it
             also
             regulated
             and
             setled
             the
             Fees
             for
             such
             Service
             :
             But
             the
             Clergy
             having
             been
             ever
             under
             the
             nouriture
             of
             their
             Mother
             Rome
             ,
             that
             loved
             to
             exceed
             ,
             they
             likewise
             accounted
             it
             their
             liberty
             to
             take
             what
             they
             could
             get
             ,
             but
             the
             nigher
             they
             come
             to
             ingage
             with
             Kings
             in
             their
             government
             according
             to
             Law
             ,
             
             the
             more
             reformed
             they
             grow
             :
             Formerly
             Edward
             the
             third
             had
             setled
             their
             Fees
             ,
             but
             they
             would
             not
             hold
             to
             the
             rule
             ,
             now
             the
             Law
             is
             redoubled
             by
             Henry
             the
             fifth
             ,
             with
             a
             penalty
             of
             treble
             dammages
             against
             delinquents
             .
             
             Furthermore
             the
             very
             Preists
             could
             not
             containe
             ,
             their
             
               Paternosters
               ,
               Requiems
               ,
               Masses
            
             ,
             and
             such
             wares
             ,
             they
             had
             ingrossed
             ,
             and
             set
             thereof
             what
             price
             they
             pleased
             :
             The
             Market
             was
             risen
             to
             that
             height
             ,
             that
             Edward
             the
             third
             undertooke
             to
             set
             a
             rate
             upon
             those
             commodities
             ,
             but
             that
             also
             would
             not
             hold
             long
             ;
             Henry
             the
             fifth
             he
             sets
             a
             certaine
             Stipend
             somewhat
             more
             then
             Edward
             the
             third
             had
             done
             ,
             
             and
             yet
             lesse
             then
             the
             Preists
             had
             formerly
             .
          
           
             Lastly
             ,
             some
             Lawes
             were
             made
             ,
             wherein
             the
             Common-wealth
             gained
             ,
             and
             the
             Church
             were
             loosers
             .
             First
             ,
             whereas
             the
             Church-men
             formerly
             held
             all
             holy
             things
             proper
             and
             peculiar
             to
             their
             owne
             Cognisance
             ,
             especially
             such
             as
             concerned
             the
             worship
             of
             God
             ,
             the
             Parliament
             now
             began
             to
             be
             bold
             with
             that
             ,
             and
             never
             asked
             leave
             .
             It
             had
             now
             for
             a
             long
             time
             ,
             even
             since
             the
             Saxon
             times
             ,
             been
             the
             unhappy
             condition
             of
             this
             Church
             of
             England
             ,
             amongst
             others
             ,
             to
             decay
             continually
             in
             Piety
             and
             right
             devotion
             ,
             but
             through
             the
             light
             that
             now
             revived
             ,
             and
             Gods
             goodnesse
             ,
             it
             in
             these
             times
             came
             to
             passe
             ,
             that
             the
             People
             did
             entertain
             some
             sense
             of
             their
             duty
             towards
             God
             ,
             more
             then
             formerly
             ,
             and
             begin
             to
             quarrell
             the
             abuses
             done
             to
             the
             Lords
             day
             ,
             in
             the
             manner
             of
             the
             keeping
             thereof
             :
             London
             hath
             the
             honor
             for
             beginning
             this
             reformation
             by
             an
             Act
             of
             their
             Common
             Councell
             .
             The
             Parliament
             within
             seven
             yeares
             after
             that
             ,
             
             ingage
             the
             whole
             Kingdome
             in
             that
             service
             (
             though
             therewith
             also
             are
             adjoyned
             other
             holy
             Feasts
             then
             holden
             )
             And
             all
             Faires
             and
             Markets
             are
             injoyned
             to
             cease
             on
             that
             day
             ,
             under
             paine
             of
             forfeiture
             of
             Goods
             exposed
             to
             sale
             ,
             excepting
             Victuall
             ,
             and
             excepting
             the
             foure
             Sundayes
             in
             Harvest
             .
             And
             thus
             though
             places
             had
             their
             consecration
             allowed
             by
             the
             Parliament
             ,
             and
             immunity
             from
             trading
             in
             Faires
             ,
             and
             Markets
             ,
             by
             the
             space
             of
             160.
             yeares
             before
             this
             time
             ,
             yet
             that
             time
             which
             God
             by
             his
             owne
             Law
             had
             reserved
             to
             his
             owne
             selfe
             ,
             
             never
             came
             under
             regard
             to
             be
             allowed
             till
             now
             ,
             and
             yet
             not
             by
             the
             motion
             of
             the
             Clergy
             ,
             nor
             by
             their
             furtherance
             ;
             for
             by
             their
             thrusting
             in
             the
             holy
             dayes
             ,
             they
             made
             them
             equal
             with
             the
             Lords
             day
             ,
             and
             in
             Harvest
             time
             superiour
             ,
             by
             preserving
             them
             in
             force
             ,
             when
             as
             the
             Lords
             dayes
             were
             set
             aside
             :
             So
             God
             had
             somewhat
             of
             these
             men
             ,
             but
             the
             Pope
             more
             .
             Secondly
             ,
             as
             the
             Church-men
             lost
             in
             the
             former
             ,
             so
             the
             Prelacy
             in
             this
             that
             follows
             .
          
           
             The
             Prelates
             had
             long
             since
             obtained
             the
             triall
             of
             Bastardy
             ,
             and
             therein
             could
             straine
             themselves
             so
             far
             ,
             as
             to
             put
             the
             Case
             of
             inheritance
             into
             danger
             ,
             where
             the
             point
             otherwise
             was
             cleare
             enough
             ;
             and
             this
             grew
             to
             that
             height
             that
             it
             indangered
             the
             disinheriting
             of
             the
             heires
             of
             the
             Earle
             of
             Kent
             .
             
             It
             is
             therefore
             now
             provided
             ,
             that
             before
             the
             Ordinary
             in
             such
             Cases
             Proceed
             to
             triall
             ,
             Proclamations
             shall
             be
             made
             in
             Chancery
             ,
             to
             summon
             all
             pretenders
             of
             Interests
             or
             Titles
             to
             come
             before
             the
             Ordinary
             ,
             to
             make
             their
             Allegations
             ,
             and
             all
             trials
             of
             Bastardy
             otherwise
             made
             shall
             be
             voide
             ;
             so
             as
             whatever
             the
             Canon
             did
             ,
             the
             Parliament
             would
             not
             trust
             to
             the
             Ordinaries
             Summons
             ,
             nor
             allow
             of
             their
             power
             in
             any
             other
             manner
             ,
             then
             the
             Parliament
             thought
             meet
             .
             One
             thing
             more
             remaineth
             ,
             wherin
             the
             true
             Church
             of
             Christ
             seemed
             to
             lose
             and
             yet
             gained
             ;
             and
             the
             Clergy
             joyning
             with
             the
             King
             seemed
             to
             gain
             and
             yet
             lost
             ;
             this
             was
             the
             point
             of
             worship
             ,
             which
             had
             long
             stumbled
             the
             mindes
             of
             the
             People
             ,
             and
             was
             now
             growne
             to
             that
             strength
             ,
             that
             nothing
             but
             an
             Act
             of
             Parliament
             can
             keep
             it
             under
             .
             This
             opinion
             concerning
             worship
             ,
             was
             at
             the
             first
             so
             young
             ,
             that
             it
             was
             not
             yet
             baptized
             with
             any
             proper
             name
             ,
             but
             called
             ,
             Opinion
             contrary
             to
             the
             Church
             determinations
             ,
             or
             Catholique
             faith
             .
             And
             against
             this
             the
             Clergy
             now
             stormed
             ,
             more
             then
             ever
             formerly
             ,
             because
             it
             was
             grown
             to
             such
             a
             height
             as
             if
             it
             meaned
             to
             over-top
             theirs
             .
             To
             this
             end
             they
             procure
             an
             Act
             to
             passe
             ,
          
           
             
             
               That
               all
               Preachers
               ,
               Teachers
               ,
               Writers
               ,
               Schoolemasters
               ,
               Favorers
               ;
               or
               notoriously
               defamed
               Persons
               ,
               for
               the
               maintenance
               of
               such
               opinions
               ,
               shall
               be
               (
               upon
               conviction
               before
               the
               
               Ordinarie
               ,
               according
               to
               the
               Canons
               )
               imprisoned
               in
               the
               Diocessans
               Prison
               ,
               Fined
               according
               to
               the
               Diocessans
               discretion
               .
            
          
           
             
               If
               upon
               Conviction
               ,
               he
               shall
               not
               abjure
               ,
               or
               shall
               relapse
               ,
               he
               shall
               be
               delivered
               unto
               the
               Seculer
               Power
               ,
               and
               be
               burned
               .
            
          
           
             
               And
               that
               Preachers
               without
               Licence
               of
               the
               Diocessan
               ,
               should
               be
               restrained
               .
            
          
           
             Concerning
             which
             Law
             ,
             I
             shall
             first
             shew
             what
             change
             in
             the
             Lawes
             of
             this
             Kingdome
             was
             endeavoured
             ,
             and
             what
             was
             really
             effected
             .
          
           
             First
             ,
             it
             is
             an
             undeniable
             ground
             ,
             
             that
             no
             Free-man
             can
             be
             put
             to
             answer
             before
             any
             Judge
             ,
             but
             upon
             Presentment
             ,
             or
             other
             matter
             of
             Record
             foregoing
             ,
             and
             by
             due
             Processe
             of
             Law
             ;
             and
             yet
             it
             hath
             been
             ruled
             ,
             that
             strong
             presumption
             ,
             and
             complaint
             of
             credit
             after
             it
             is
             entered
             ,
             
             is
             sufficient
             Record
             ,
             to
             ground
             proceedings
             in
             this
             Case
             ;
             to
             attache
             the
             Party
             to
             answer
             .
             But
             by
             this
             Law
             a
             Triall
             is
             introduced
             ,
             that
             neither
             resteth
             upon
             any
             peremptory
             accusation
             ,
             or
             proofe
             of
             witnesse
             ,
             but
             meerly
             upon
             Inquisition
             ,
             upon
             the
             Oath
             and
             Conscience
             of
             the
             Party
             suspected
             ;
             which
             in
             the
             later
             dayes
             hath
             been
             called
             the
             triall
             upon
             the
             Oath
             ,
             
               Ex
               Officio
            
             ;
             for
             such
             was
             the
             triall
             allowed
             by
             the
             Canon
             in
             these
             times
             ;
             
             as
             appeares
             in
             the
             Constitutions
             of
             Otho
             ,
             and
             the
             Decrees
             of
             the
             Arch-Bishop
             Boniface
             ,
             by
             whom
             it
             was
             indeavoured
             to
             be
             obtruded
             upon
             the
             Laity
             ,
             about
             the
             times
             of
             Henry
             the
             Third
             ,
             or
             Edward
             the
             First
             ;
             but
             even
             the
             Clergy
             then
             withstood
             it
             ,
             as
             Lindwood
             confesseth
             .
             
             And
             Otho
             in
             his
             very
             Constitution
             ,
             doth
             hold
             this
             forth
             by
             that
             Clause
             of
             his
             ,
             
               Nonobstante
               obtenta
               consuetudine
            
             .
          
           
             Secondly
             ,
             this
             Law
             doth
             indeavour
             to
             introduce
             a
             new
             Judge
             ,
             with
             a
             power
             to
             Fine
             and
             Imprison
             according
             to
             discretion
             ,
             and
             a
             Prison
             allowed
             to
             him
             as
             his
             own
             peculier
             ,
             and
             yet
             the
             Writ
             
               De
               cautione
               admittenda
            
             ,
             still
             held
             its
             power
             ,
             to
             regulate
             that
             discretion
             as
             formerly
             it
             had
             done
             ;
             which
             by
             the
             way
             may
             render
             the
             power
             of
             this
             Law
             suspitious
             .
          
           
             Thirdly
             ,
             the
             Clergy
             are
             not
             content
             to
             have
             the
             Estates
             ,
             
             and
             Liberties
             of
             the
             bodies
             of
             the
             People
             at
             their
             discretion
             ;
             but
             they
             must
             also
             have
             their
             lives
             ,
             although
             no
             Free-mans
             life
             could
             by
             the
             Fundamentall
             Lawes
             of
             this
             Kingdome
             ,
             come
             to
             question
             ,
             but
             by
             the
             judgement
             of
             his
             Peeres
             ;
             nor
             could
             the
             Clergy
             by
             their
             owne
             Canons
             
               interesse
               sanguine
               ,
               Viz.
               They
               cannot
               put
               any
               man
               to
               death
               ,
               but
               by
               this
               Law
               they
               may
               send
               any
               man
               to
               death
               by
               a
               Sentence
               ,
               as
               sure
               as
               death
               ,
               Tradatur
               potestati
               seculari
               :
            
             And
             such
             a
             death
             ,
             not
             as
             the
             Civill
             Magistrate
             is
             wont
             to
             execute
             by
             a
             speedy
             parting
             of
             the
             Soul
             from
             the
             Body
             ,
             by
             losse
             of
             blood
             ,
             stop
             of
             breath
             ,
             or
             such
             like
             ;
             but
             the
             Clergy
             must
             have
             blood
             ,
             flesh
             ,
             bones
             ,
             and
             life
             and
             all
             ,
             even
             to
             the
             edge
             of
             nonentity
             it self
             ,
             or
             they
             are
             not
             satisfied
             :
             And
             thus
             the
             Writ
             ,
             
               De
               comburendo
               Haeretico
            
             ,
             entered
             into
             the
             World.
             True
             it
             is
             ,
             that
             some
             sparks
             of
             this
             fire
             are
             found
             in
             former
             times
             ,
             and
             Bracton
             toucheth
             upon
             such
             a
             Law
             ,
             in
             Case
             of
             a
             Clerk
             convict
             for
             Apostacy
             ,
             
               Primo
               degradetur
               ,
               &
               post
               per
               manum
               Laicalem
               Comburatur
               ,
            
             which
             was
             indeed
             the
             Canon
             ,
             and
             that
             by
             his
             own
             Confession
             ;
             for
             it
             is
             grounded
             upon
             one
             ,
             
               Secundum
               quod
               accidit
            
             ,
             in
             the
             Synod
             at
             Oxford
             ,
             under
             Arch-Bishop
             Becket
             :
             but
             that
             Case
             concerneth
             a
             Clerk
             ,
             who
             by
             his
             Profession
             hath
             put
             himselfe
             under
             the
             Law
             of
             the
             Canon
             ,
             and
             it
             was
             onely
             in
             Case
             of
             Apostacy
             ,
             himself
             being
             turned
             Jew
             ;
             and
             this
             also
             done
             upon
             a
             sudden
             pang
             of
             zeale
             and
             power
             of
             an
             Arch-Bishop
             ,
             that
             would
             know
             no
             Peere
             ;
             nor
             doe
             we
             finde
             any
             second
             to
             this
             President
             by
             the
             space
             of
             two
             hundred
             yeares
             next
             ensuing
             ;
             neither
             doth
             the
             Decree
             of
             Arch-Bishop
             Peckham
             ,
             who
             was
             not
             long
             after
             Becket
             ,
             
             treating
             about
             Apostacy
             in
             Lay-men
             ,
             mention
             any
             other
             punishment
             then
             that
             they
             are
             to
             be
             reclaimed
             ,
             
               Per
               censuras
               Ecclesiasticas
            
             ;
             nor
             yet
             that
             of
             Arch-Bishop
             Arundell
             ,
             amongst
             the
             Constitutions
             at
             Oxford
             ,
             not
             long
             before
             this
             Statute
             ,
             who
             treating
             about
             the
             crime
             of
             Heresie
             ,
             he
             layes
             the
             Penalty
             upon
             the
             forfeiture
             of
             goods
             ,
             with
             a
             Praesertim
             ,
             
             as
             if
             it
             were
             the
             Grand
             punishment
             :
             And
             Lindwood
             in
             his
             glosse
             upon
             that
             place
             ,
             setting
             down
             the
             Censures
             against
             Heresie
             ,
             
               Hodie
               sunt
            
             (
             saith
             he
             )
             
               damnandi
               ad
               mortem
            
             ,
             as
             if
             it
             were
             otherwise
             but
             as
             yesterday
             .
          
           
           
             Fourthly
             ,
             the
             next
             indeavour
             is
             to
             bring
             the
             Cognifance
             of
             all
             ,
             wholly
             to
             the
             
               Ecclesiasticall
               Court
            
             ,
             without
             further
             appeale
             ;
             for
             so
             the
             words
             concerning
             Conviction
             of
             Heresie
             are
             :
             
               Whereupon
               credence
               shall
               be
               given
               to
               the
               Diocessan
               of
               the
               same
               place
               ,
               or
               his
               Ordinary
               in
               that
               behalfe
               .
            
          
           
             These
             changes
             ,
             I
             say
             ,
             were
             indeavoured
             to
             be
             brought
             upon
             the
             Government
             of
             this
             Kingdome
             ;
             and
             yet
             the
             Law
             for
             all
             this
             ,
             suffered
             no
             change
             ,
             nor
             did
             the
             House
             of
             Commons
             (
             however
             the
             name
             is
             thrust
             into
             the
             English
             Ordinary
             Print
             )
             ever
             yeild
             unto
             the
             passing
             of
             the
             same
             ,
             but
             in
             the
             Parliament
             next
             ensuing
             ,
             complained
             thereof
             ,
             and
             protested
             they
             would
             not
             be
             bound
             by
             such
             Lawes
             ,
             whereto
             the
             House
             of
             Commons
             had
             not
             given
             their
             consent
             ;
             and
             this
             dashed
             the
             Law
             quite
             out
             of
             countenance
             (
             although
             it
             holds
             the
             place
             still
             amongst
             the
             number
             )
             for
             within
             foure
             yeares
             after
             ,
             
             the
             Clergy
             bring
             in
             another
             Bill
             of
             the
             same
             nature
             in
             generall
             ,
             though
             varying
             in
             some
             particulars
             ,
             but
             the
             same
             was
             again
             rejected
             .
          
           
             All
             the
             strength
             therefore
             of
             this
             Law
             ,
             resteth
             upon
             the
             King
             ,
             and
             House
             of
             Lords
             ,
             ingaged
             by
             the
             Clergy
             ,
             to
             whom
             they
             trusted
             for
             their
             Religion
             (
             for
             Book-learning
             was
             with
             them
             of
             small
             account
             )
             and
             no
             lesse
             by
             the
             King
             ,
             who
             knew
             no
             better
             way
             to
             give
             them
             content
             ,
             that
             gave
             him
             so
             much
             as
             to
             set
             the
             Crowne
             upon
             his
             head
             ;
             nor
             to
             discharge
             his
             Royall
             word
             ,
             passed
             by
             the
             Earles
             of
             Northumberland
             ,
             
             and
             Westmerland
             ,
             in
             his
             behalf
             unto
             the
             Convocation
             ,
             
               Viz.
               That
               they
               were
               sent
               to
               declare
               the
               Kings
               good
               will
               to
               the
               Clergy
               ,
               and
               Church
               Liberties
               ,
               and
               that
               he
               was
               resolved
               to
               defend
               all
               the
               Liberties
               of
               the
               Church
               by
               his
               Kingly
               Power
               ,
               and
               to
               punish
               Hereticks
               ,
               and
               the
               Churches
               Enemies
               ,
               in
               such
               manner
               as
               the
               Clergy
               should
               thinke
               meete
               ;
               and
               therefore
               desired
               their
               dayly
               Prayers
               ,
               for
               his
               owne
               ,
               and
               the
               Kingdomes
               safety
               .
            
             
             And
             yet
             for
             all
             this
             ,
             the
             People
             were
             not
             of
             this
             minde
             ;
             no
             small
             part
             of
             the
             Kingdome
             being
             overspread
             with
             these
             Opinions
             .
          
           
             After
             Henry
             the
             Fourth
             ,
             comes
             Henry
             the
             Fifth
             ,
             and
             he
             also
             makes
             another
             assay
             ;
             the
             former
             opinions
             then
             knowne
             onely
             by
             the
             generall
             name
             of
             Heresie
             ,
             are
             now
             baptized
             ,
             
             
               by
               the
               new
               name
               of
               Lollardry
               ,
            
             and
             grown
             so
             overspreading
             ,
             that
             all
             the
             troubles
             of
             these
             times
             are
             still
             imputed
             to
             them
             .
             It
             was
             indeed
             the
             Devills
             old
             and
             common
             trick
             ,
             thus
             to
             inrage
             earthly
             powers
             against
             these
             men
             ,
             although
             he
             be
             hereby
             but
             an
             instrument
             in
             the
             hand
             of
             the
             Cheif
             Builder
             ,
             that
             in
             laying
             a
             sure
             foundation
             ,
             doth
             as
             well
             ramme
             downe
             ,
             as
             raise
             up
             ;
             for
             the
             malice
             of
             these
             men
             made
             the
             People
             of
             God
             to
             multiply
             :
             Henry
             the
             Fifth
             ,
             also
             published
             a
             Law
             to
             this
             same
             :
          
           
             
             
               That
               all
               Persons
               in
               place
               of
               Government
               ,
               shall
               sweare
               to
               use
               their
               diligence
               ,
               to
               destroy
               all
               Heresies
               ,
               and
               Errors
               ,
               called
            
             Lollardries
             .
          
           
             
               That
               all
            
             Lollards
             
               convict
               by
               the
               Clergy
               ,
               (
               left
               to
               the
               seculer
               power
               ,
               according
               to
               the
               Lawes
               of
               Holy
               Church
               )
               shall
               forfeit
               their
               Lands
               ,
               and
               Tenements
               to
               their
               Lords
               :
               And
               the
               King
               to
               have
               the
               yeare
               ,
               and
               day
               ,
               and
               waste
               ,
               and
               all
               his
               Goods
               and
               Chattels
               .
            
          
           
             
               If
               the
               Lord
               be
               the
               Ordinary
               ,
               the
               King
               shall
               have
               all
               .
            
          
           
             
               No
               forfeiture
               to
               be
               ,
               till
               the
               Delinquent
               be
               dead
               .
            
          
           
             
               They
               shall
               be
               found
               by
               Indictment
               ,
               before
               the
               Justices
               of
               the
               Peace
               .
            
          
           
             
               This
               Indictment
               being
               found
               ,
               shall
               be
               sent
               to
               the
               Ordinary
               with
               the
               Prisoner
               .
            
          
           
             
               The
               Indictment
               shall
               not
               be
               for
               Evidence
               ,
               but
               onely
               for
               Information
               .
            
          
           
             These
             are
             the
             Principall
             things
             contained
             in
             this
             Law
             ,
             which
             by
             the
             manner
             of
             the
             Composure
             ,
             seemeth
             to
             be
             of
             an
             uncertain
             colour
             ,
             neither
             made
             by
             the
             Clergy
             ,
             nor
             Laity
             ,
             but
             spoyled
             between
             them
             both
             .
             The
             intent
             thereof
             seemeth
             to
             be
             principally
             to
             draw
             on
             the
             House
             of
             Commons
             to
             passe
             the
             Law
             ,
             under
             hope
             of
             gain
             by
             the
             forfeitures
             ;
             for
             the
             penalty
             is
             like
             that
             of
             Fellony
             ,
             though
             the
             Crime
             be
             not
             expresly
             declared
             to
             be
             Fellony
             .
             But
             the
             intent
             fell
             short
             in
             event
             .
          
           
             For
             first
             ,
             the
             nature
             of
             the
             Crime
             is
             not
             defined
             ,
             nor
             declared
             by
             any
             Law
             ,
             and
             therefore
             can
             no
             man
             by
             Indictment
             be
             found
             to
             be
             such
             .
          
           
           
             Secondly
             ,
             no
             penalty
             of
             death
             ,
             hath
             been
             by
             any
             former
             ,
             or
             by
             this
             Law
             determined
             upon
             such
             as
             are
             guilty
             ,
             for
             it
             s
             not
             enacted
             by
             any
             Law
             ,
             that
             such
             Person
             shall
             be
             delivered
             to
             the
             Seculer
             power
             ,
             &c.
             
          
           
             Thirdly
             ,
             this
             Statute
             determining
             the
             forfeiture
             to
             be
             not
             till
             death
             ,
             and
             neither
             that
             ,
             nor
             any
             other
             Law
             of
             this
             Kingdome
             determining
             death
             ;
             then
             is
             no
             forfeiture
             determined
             .
          
           
             Fourthly
             ,
             though
             this
             Law
             taketh
             it
             for
             granted
             ,
             That
             Heresie
             and
             Errors
             belong
             to
             Ecclesiasticall
             Cognisance
             ,
             yet
             the
             same
             allowes
             of
             no
             further
             proceedings
             ,
             then
             Ecclesiasticall
             Censures
             .
          
           
             Lastly
             ,
             by
             this
             Law
             ,
             there
             can
             be
             no
             proceeding
             ,
             but
             in
             case
             of
             Indictment
             ,
             (
             for
             otherwise
             ,
             without
             Record
             ,
             no
             forfeiture
             can
             be
             )
             therefore
             ,
             where
             no
             Indictment
             is
             ,
             there
             is
             no
             forfeiture
             .
             In
             all
             which
             regards
             ,
             its
             evident
             that
             the
             Clergy
             could
             by
             this
             Law
             ,
             neither
             get
             fat
             nor
             blood
             ;
             
             and
             therefore
             at
             their
             Convocation
             in
             the
             next
             yeare
             following
             ,
             they
             tooke
             another
             course
             ,
             and
             ordered
             that
             three
             in
             every
             Parish
             ,
             should
             make
             presentment
             upon
             Oath
             ,
             of
             such
             Persons
             as
             are
             defamed
             for
             Hereticks
             ,
             and
             the
             truth
             so
             farre
             as
             they
             can
             learn
             ;
             which
             puts
             me
             in
             minde
             of
             a
             Presentment
             ,
             that
             I
             have
             seene
             by
             some
             of
             Saint
             Mary-Overies
             in
             these
             times
             :
             
               Item
               ,
               we
               saine
               ,
               that
            
             John
             Stevens
             
               is
               a
               man
               we
               cannot
               tell
               what
               to
               make
               of
               him
               ,
               and
               that
               he
               hath
               Bookes
               ,
               we
               know
               not
               what
               they
               are
            
             :
             This
             new
             course
             shewes
             plainly
             ,
             that
             the
             former
             held
             not
             force
             as
             they
             intended
             it
             .
             So
             God
             blasted
             the
             practises
             of
             the
             Clergy
             at
             this
             time
             also
             ,
             rendering
             this
             Law
             immateriall
             that
             had
             the
             form
             ,
             as
             the
             other
             missed
             in
             the
             form
             ,
             and
             had
             the
             matter
             .
          
        
         
           
           
             CHAP.
             XVIII
             .
             Of
             the
             Court
             of
             Chancery
             .
          
           
             IT
             often
             befalls
             in
             State
             Affaires
             ,
             that
             extraordinary
             Exigencies
             require
             extraordinary
             remedies
             ,
             which
             having
             once
             gotten
             footing
             ,
             are
             not
             easily
             laid
             aside
             ,
             especially
             if
             they
             be
             expedient
             for
             Prerogative
             .
             The
             Privy
             Councell
             in
             the
             Star-Chamber
             ,
             pretending
             default
             of
             the
             Common
             Law
             ,
             both
             in
             speed
             ,
             and
             severity
             ,
             in
             Cases
             whereby
             the
             State
             is
             indangered
             :
             The
             Chancery
             pretends
             default
             by
             the
             Common
             Law
             in
             point
             of
             equity
             ,
             and
             moderation
             :
             The
             People
             taken
             with
             these
             pretences
             ,
             make
             that
             rod
             more
             heavy
             ,
             which
             themselves
             had
             already
             complained
             of
             :
             What
             the
             Chancery
             was
             in
             times
             past
             hath
             been
             already
             shewed
             ;
             still
             it
             is
             in
             the
             growing
             and
             gaining
             hand
             .
          
           
             
             First
             ,
             in
             the
             Judicatory
             power
             it
             prevailed
             in
             relation
             to
             the
             Exchequer
             ,
             exercising
             a
             kinde
             of
             Power
             to
             survay
             the
             proceedings
             thereof
             ,
             in
             Cases
             of
             Commissioners
             distrained
             to
             account
             ,
             for
             Commissions
             executed
             ,
             or
             not
             executed
             ;
             for
             it
             was
             no
             easie
             matter
             to
             execute
             Commissions
             from
             the
             Exchequer
             in
             those
             times
             of
             Parties
             ;
             nor
             were
             men
             willing
             with
             such
             unwelcome
             occasions
             ,
             between
             Freinds
             ,
             and
             Neighbors
             ;
             and
             it
             may
             be
             ,
             they
             grew
             weary
             of
             imbroyling
             themselves
             one
             against
             another
             ,
             and
             of
             being
             Instruments
             of
             the
             violent
             counter-motions
             of
             Princes
             ,
             and
             great
             Men.
             
          
           
             Secondly
             ,
             it
             gained
             also
             upon
             the
             Admiralty
             ,
             which
             by
             former
             Lawes
             had
             Jurisdiction
             in
             all
             Cases
             incident
             upon
             the
             great
             Sea
             ;
             but
             now
             either
             through
             neglect
             of
             the
             Admirall
             ,
             or
             the
             evill
             of
             the
             times
             ,
             occasioning
             Piracies
             to
             grow
             Epidemicall
             ,
             the
             ill
             government
             upon
             the
             Sea
             became
             dangerous
             to
             the
             State
             ,
             trenching
             upon
             the
             Truce
             made
             between
             this
             and
             other
             Nations
             .
          
           
             
             For
             a
             remedy
             whereof
             ,
             first
             Conservators
             of
             the
             Truce
             were
             settled
             in
             every
             Port
             ,
             who
             had
             power
             committed
             to
             
             them
             to
             punish
             Delinquents
             against
             the
             Publick
             Truce
             ,
             both
             by
             Indictment
             at
             the
             Kings
             suite
             ,
             and
             according
             to
             the
             course
             of
             the
             Admiralty
             by
             complaint
             ,
             saving
             matters
             of
             death
             to
             the
             Cognisance
             of
             the
             Admirall
             .
             But
             this
             was
             soon
             found
             defective
             ,
             for
             Justice
             done
             in
             the
             dark
             ,
             is
             many
             times
             more
             respective
             ,
             and
             lesse
             respected
             ,
             and
             therefore
             within
             a
             few
             yeares
             ,
             it
             is
             provided
             ,
             that
             Offenders
             against
             the
             Kings
             Truce
             upon
             the
             Sea
             ,
             or
             in
             any
             of
             the
             Ports
             ,
             
             shall
             be
             proceeded
             against
             in
             the
             Chancery
             ,
             before
             the
             Chancellour
             ,
             who
             hath
             power
             given
             him
             ,
             calling
             to
             his
             Assistance
             some
             of
             the
             Judges
             to
             execute
             the
             Statute
             of
             2
             H.
             5.
             foregoing
             ,
             by
             a
             handsome
             contrivance
             :
             
             For
             that
             Statute
             was
             once
             and
             again
             suspended
             for
             the
             rigour
             that
             was
             used
             by
             the
             former
             Conservators
             ,
             who
             being
             Borderers
             upon
             the
             Sea
             ,
             for
             their
             own
             peace
             ,
             spared
             as
             few
             as
             they
             could
             ,
             which
             had
             so
             discouraged
             the
             Sea-men
             ,
             that
             the
             Kingdome
             had
             been
             almost
             utterly
             bereaved
             of
             its
             strength
             at
             Sea.
             Neverthelesse
             ,
             all
             this
             while
             ,
             these
             Lawes
             were
             but
             penall
             ,
             and
             not
             remediall
             ,
             for
             the
             Parties
             wronged
             :
             And
             therefore
             another
             Law
             is
             made
             ,
             
             to
             give
             the
             Chancellour
             and
             Judges
             power
             to
             make
             restitution
             and
             reparation
             .
          
           
             Thirdly
             ,
             the
             Chancery
             gained
             upon
             the
             Ecclesiasticall
             Court
             ;
             for
             whereas
             by
             the
             Canon
             ,
             the
             Church-men
             were
             to
             be
             judged
             by
             their
             Superiours
             ,
             according
             to
             Ecclesiasticall
             and
             Ordinary
             Jurisdiction
             ;
             and
             the
             iniquity
             of
             the
             times
             ,
             was
             again
             returned
             to
             that
             height
             ,
             that
             Parents
             could
             not
             enjoy
             their
             own
             Children
             ;
             but
             the
             little
             ones
             were
             allured
             ,
             stolne
             away
             ,
             and
             detained
             in
             Cloysters
             ;
             nor
             did
             the
             Church-men
             afford
             remedy
             in
             such
             Cases
             :
             A
             Law
             was
             made
             ,
             
             that
             upon
             complaint
             hereof
             made
             to
             the
             Chancellor
             ,
             the
             Provinciall
             should
             be
             by
             him
             sent
             for
             ,
             and
             punished
             according
             to
             his
             discretion
             .
          
           
             Lastly
             ,
             the
             Chancery
             incroached
             upon
             the
             Common
             Law
             :
             For
             whereas
             the
             stirs
             between
             the
             two
             Houses
             of
             Yorke
             and
             Lancaster
             ,
             beganne
             to
             rise
             ,
             Men
             made
             their
             dwellings
             in
             places
             of
             security
             ,
             and
             strength
             ;
             Women
             likewise
             ,
             and
             other
             persons
             flying
             ,
             thither
             for
             refuge
             ;
             especially
             ,
             such
             of
             
             them
             as
             had
             most
             to
             lose
             ;
             these
             were
             contrary
             to
             the
             Law
             of
             common
             honesty
             ,
             urged
             to
             ingage
             their
             Estates
             unto
             the
             desires
             of
             such
             ,
             to
             whom
             they
             had
             fled
             for
             refuge
             ,
             and
             some
             times
             compelled
             to
             marry
             ,
             before
             they
             could
             gain
             their
             liberty
             .
             
             It
             was
             now
             provided
             ,
             that
             all
             such
             complaints
             should
             be
             heard
             and
             determined
             by
             the
             Chancellor
             .
          
           
             
             Secondly
             ,
             as
             touching
             the
             Ministeriall
             power
             of
             the
             Chancery
             ,
             this
             likewise
             was
             inlarged
             in
             making
             of
             Processe
             to
             compell
             appearance
             in
             cases
             of
             forcible
             Entries
             ,
             Murders
             ,
             Manslaughters
             ,
             Robberies
             ,
             Batteries
             ,
             Assemblies
             ,
             in
             nature
             of
             Insurrections
             ,
             Riots
             ,
             and
             Plunder
             ,
             committed
             by
             Servants
             upon
             their
             Masters
             goods
             ,
             before
             their
             Masters
             death
             ,
             and
             such
             like
             Offences
             ,
             now
             growne
             common
             ,
             and
             in
             need
             of
             sudden
             remedy
             .
          
           
             Thus
             as
             the
             worke
             and
             power
             of
             the
             Chancery
             grew
             ,
             so
             did
             the
             Place
             and
             Person
             of
             the
             Chancellor
             grow
             more
             considerable
             ,
             raised
             now
             from
             being
             the
             Kings
             Secretary
             ,
             (
             for
             no
             better
             was
             he
             in
             former
             times
             )
             to
             be
             the
             Kingdomes
             Judge
             ,
             and
             of
             such
             Trust
             ,
             that
             although
             the
             King
             might
             make
             election
             of
             his
             owne
             Secretary
             ,
             yet
             the
             Parliament
             would
             first
             know
             ,
             and
             allow
             him
             ,
             that
             must
             be
             trusted
             with
             the
             power
             over
             the
             Estates
             of
             so
             many
             of
             the
             People
             :
             And
             therefore
             did
             in
             these
             times
             ,
             both
             place
             ,
             and
             displace
             him
             as
             they
             saw
             expedient
             .
          
           
             
             In
             a
             word
             ,
             he
             is
             become
             the
             Kingdomes
             Darling
             ,
             and
             might
             be
             more
             bold
             with
             the
             Common
             Law
             ,
             then
             any
             of
             his
             Peeres
             .
          
        
         
           
           
             CHAP.
             XIX
             .
             Of
             the
             Courts
             of
             Crowne
             Pleas
             ,
             and
             Common
             Law.
             
          
           
             AS
             the
             Chancery
             on
             the
             one
             side
             did
             swell
             and
             increase
             ,
             so
             was
             the
             Kings
             Bench
             in
             an
             Ebb
             ;
             the
             Councill
             Table
             in
             the
             Star-Chamber
             on
             the
             one
             side
             ,
             and
             the
             Itenerant
             Courts
             in
             the
             Countrey
             intercepted
             ,
             and
             drew
             away
             much
             to
             their
             own
             shares
             :
             Making
             themselves
             fat
             ,
             the
             Kings
             Bench
             leane
             ,
             and
             the
             Rurall
             Courts
             for
             Crown
             Pleas
             almost
             to
             starve
             .
             The
             Crown
             Pleas
             formerly
             had
             been
             determinable
             in
             the
             Kings-Bench
             ,
             Goale-Delivery
             ,
             Oier
             and
             Terminer
             ,
             and
             many
             of
             them
             by
             Justices
             of
             the
             Peace
             ,
             Coroners
             ,
             and
             Sheriffe
             .
             The
             Goale-Delivery
             was
             afterwards
             united
             to
             the
             Judges
             of
             Assize
             ,
             and
             if
             one
             of
             them
             were
             a
             Clergy
             man
             ,
             then
             to
             the
             other
             ,
             and
             cheif
             men
             of
             the
             County
             .
             This
             was
             usefull
             for
             the
             Publique
             ,
             but
             not
             beneficiall
             for
             some
             men
             ;
             and
             therefore
             they
             laboured
             for
             Commissions
             ,
             especially
             directed
             to
             parties
             ,
             that
             they
             thought
             would
             partake
             ;
             but
             these
             were
             found
             soone
             to
             be
             dangerous
             ,
             soone
             taken
             away
             ,
             
             and
             the
             Goale-Delivery
             restored
             to
             the
             Judges
             of
             Assize
             ,
             as
             formerly
             .
             The
             Commissions
             of
             Oier
             and
             Terminer
             were
             sued
             forth
             upon
             extraordinary
             immergencies
             ,
             and
             offences
             ,
             wherein
             the
             State
             was
             much
             concerned
             for
             speedy
             Execution
             .
             In
             former
             times
             both
             these
             and
             Goale-Deliveries
             were
             but
             rarely
             had
             and
             then
             granted
             unto
             some
             ,
             that
             perchance
             knew
             more
             of
             the
             Case
             ,
             then
             before
             hand
             was
             meete
             to
             be
             known
             .
             Edward
             the
             Third
             amended
             this
             errour
             ,
             and
             ordered
             that
             no
             Commissions
             of
             Oier
             and
             Terminer
             should
             issue
             forth
             ,
             but
             unto
             Commissioners
             named
             by
             the
             Court
             ,
             
             and
             not
             by
             the
             party
             complaining
             .
             But
             the
             Judges
             of
             Assize
             are
             now
             in
             the
             growing
             hand
             ,
             hoth
             for
             Honour
             ,
             Use
             ,
             and
             Power
             ,
             the
             rather
             ,
             because
             their
             Persons
             are
             of
             high
             repute
             in
             the
             Benches
             at
             Westminster
             ,
             which
             are
             the
             Master-peices
             
             of
             Judicature
             ,
             and
             their
             Iters
             are
             constant
             and
             ordinary
             :
             Neverthelesse
             ,
             the
             Judges
             of
             Assize
             ,
             though
             they
             have
             the
             Goale-Delivery
             annexed
             to
             them
             ,
             yet
             have
             they
             not
             that
             absolute
             power
             of
             the
             Kings-Bench
             ;
             but
             are
             still
             under
             the
             rule
             of
             their
             Commission
             ,
             which
             is
             not
             alterable
             ,
             but
             by
             Parliament
             ,
             and
             which
             by
             it
             was
             altered
             ,
             by
             way
             of
             adding
             of
             new
             powers
             ,
             as
             new
             crimes
             arose
             ,
             that
             required
             the
             eye
             of
             the
             State
             to
             provide
             ,
             and
             so
             the
             Judges
             of
             Assize
             by
             degrees
             grew
             to
             be
             the
             ordinary
             Administrators
             of
             Justice
             throughout
             the
             Kingdome
             ,
             yet
             holding
             still
             forth
             to
             them
             a
             limited
             power
             ,
             to
             heare
             and
             determine
             in
             some
             Cases
             ;
             but
             in
             others
             onely
             ,
             
             to
             inquire
             and
             certifie
             ,
             as
             in
             the
             Case
             of
             false
             returns
             by
             the
             Sheriffe
             ,
             of
             persons
             elected
             for
             the
             Parliament
             :
             And
             also
             in
             Cases
             concerning
             the
             Statutes
             of
             Labourers
             ,
             
             and
             unlawfull
             games
             ,
             and
             pastimes
             ;
             in
             which
             case
             the
             Certificate
             is
             to
             be
             made
             to
             the
             Chancellor
             :
             And
             also
             in
             Cases
             concerning
             Liveries
             ,
             contrary
             to
             the
             Statutes
             ,
             wherein
             the
             Certificate
             is
             to
             be
             made
             to
             the
             Kings-Bench
             ;
             which
             power
             in
             this
             last
             Case
             ,
             continued
             in
             that
             manner
             by
             the
             space
             of
             thirty
             yeares
             ;
             
             and
             then
             by
             another
             Statute
             ,
             they
             had
             the
             power
             to
             determine
             such
             cases
             before
             themselves
             :
             In
             like
             manner
             they
             had
             power
             to
             heare
             and
             determine
             cases
             of
             falshood
             ,
             in
             counterfeiting
             and
             corrupting
             of
             money
             ,
             by
             washing
             ,
             clipping
             ,
             &c.
             
             And
             also
             defaults
             committed
             by
             Sheriffs
             ,
             
             Bayliffs
             ,
             and
             their
             Officers
             against
             the
             Statutes
             of
             forcible
             Entries
             ,
             and
             of
             wearing
             of
             Liveries
             ,
             as
             aforesaid
             .
          
           
             These
             were
             signes
             of
             much
             confidence
             and
             trust
             in
             them
             ,
             and
             yet
             notwithstanding
             ,
             in
             these
             ,
             nor
             none
             of
             these
             ,
             were
             the
             Penalties
             by
             Fine
             left
             to
             the
             Arbitry
             of
             the
             Judges
             ;
             no
             ,
             nor
             to
             the
             Justices
             of
             the
             Kings-Bench
             ,
             but
             were
             by
             the
             very
             Letter
             of
             the
             Law
             determined
             .
             
             Nor
             would
             the
             Parliament
             trust
             these
             men
             with
             doing
             Justice
             in
             the
             cases
             aforesaid
             ,
             in
             their
             own
             Counties
             where
             they
             dwelled
             ,
             nor
             did
             it
             think
             expedient
             to
             allow
             the
             cheif
             Justice
             of
             the
             Kings
             Bench
             unto
             that
             Service
             in
             any
             of
             them
             all
             ,
             but
             onely
             once
             in
             the
             County
             of
             Lancaster
             ,
             and
             then
             onely
             at
             the
             Kings
             pleasure
             ;
             
             otherwise
             ,
             
             it
             was
             to
             be
             as
             was
             used
             by
             the
             space
             of
             one
             hundered
             yeares
             foregoing
             ;
             possibly
             because
             his
             power
             was
             too
             great
             to
             be
             trusted
             amongst
             the
             People
             .
          
           
             Lastly
             ,
             the
             Judges
             of
             
               Nisi
               prius
            
             ,
             
             were
             anciently
             made
             by
             Edward
             the
             First
             ,
             by
             whom
             also
             the
             Assizes
             were
             setled
             at
             certain
             times
             of
             the
             yeare
             ,
             and
             afterwards
             by
             the
             Statute
             at
             Yorke
             ,
             the
             
               Nisi
               prius
            
             in
             smaller
             cases
             was
             granted
             ,
             
             before
             one
             Justice
             of
             the
             Bench
             ,
             where
             the
             Plea
             dependeth
             ,
             and
             one
             substantiall
             man
             of
             the
             County
             ;
             but
             those
             of
             greater
             concernment
             were
             to
             be
             had
             before
             two
             Justices
             of
             that
             Bench
             ,
             or
             in
             case
             they
             were
             wanting
             ,
             then
             before
             Justices
             of
             the
             other
             Bench
             ,
             or
             in
             default
             of
             them
             ,
             before
             the
             cheif
             Baron
             ,
             if
             he
             were
             a
             man
             of
             Law
             ,
             and
             in
             default
             of
             that
             ,
             
             before
             the
             Judges
             of
             Assize
             .
             Therefore
             in
             those
             dayes
             ,
             the
             Justices
             of
             the
             Benches
             in
             their
             Iters
             in
             the
             Counties
             ,
             divided
             in
             their
             power
             ;
             Some
             being
             for
             Assizes
             ,
             others
             for
             
               Nisi
               prius
            
             ;
             and
             in
             some
             times
             ,
             and
             cases
             ,
             some
             were
             for
             both
             :
             For
             in
             those
             times
             of
             Edward
             the
             Third
             ,
             
             Judges
             of
             Assize
             had
             power
             to
             inquire
             in
             some
             matters
             that
             concerned
             the
             Crowne
             ,
             or
             to
             try
             
               Nisi
               prius
            
             ,
             nor
             were
             these
             powers
             united
             ,
             till
             in
             Henry
             the
             Sixths
             time
             ,
             Justices
             of
             
               Nisi
               prius
            
             had
             the
             power
             of
             Oier
             and
             Terminer
             annexed
             to
             them
             ,
             in
             all
             cases
             of
             Fellony
             ,
             and
             Treason
             .
          
           
             What
             was
             formerly
             provided
             by
             Edward
             the
             Third
             ,
             and
             Richard
             the
             Second
             ,
             for
             Instruction
             to
             these
             Judges
             ,
             
             and
             to
             binde
             them
             thereto
             by
             solemne
             Oath
             ,
             I
             shall
             not
             particularly
             mention
             ,
             but
             shall
             leave
             the
             consideration
             of
             the
             Originall
             of
             the
             whole
             Judicature
             of
             this
             Nation
             ,
             unto
             the
             Readers
             observation
             upon
             the
             Premises
             .
          
        
         
           
           
             CHAP.
             XX.
             Concerning
             Sheriffs
             .
          
           
             HEnry
             the
             Fourth
             ,
             after
             a
             small
             rest
             in
             his
             Throne
             ,
             though
             he
             alwayes
             sate
             loose
             ,
             sought
             after
             the
             civill
             Peace
             ,
             as
             the
             corner
             Stone
             of
             his
             subsistence
             ;
             and
             that
             by
             a
             way
             of
             Justice
             ,
             which
             found
             more
             acceptance
             with
             the
             Vulgar
             ,
             then
             the
             common
             Education
             of
             the
             greater
             number
             in
             these
             times
             could
             promise
             ;
             for
             the
             worst
             of
             men
             cannot
             endure
             to
             suffer
             injustice
             ,
             though
             themselves
             will
             doe
             it
             .
             Now
             because
             where
             Kings
             are
             reputed
             to
             be
             the
             Fountain
             and
             Life
             of
             Justice
             ,
             Sheriffs
             may
             be
             reputed
             to
             be
             the
             breath
             thereof
             ;
             and
             by
             their
             irregularities
             ,
             doe
             render
             the
             Government
             of
             the
             King
             ,
             as
             loathsome
             ,
             as
             unsavoury
             breath
             doth
             the
             Person
             whose
             it
             is
             :
             Therefore
             Henry
             the
             Fourth
             chose
             rather
             to
             be
             a
             looser
             in
             his
             Farme-Rents
             of
             the
             Sheriffwicks
             ,
             then
             to
             occasion
             the
             Sheriffs
             to
             save
             their
             bargains
             by
             oppression
             :
             
             And
             to
             this
             end
             he
             tooke
             away
             the
             course
             of
             forming
             of
             Sheriffwicks
             ,
             and
             made
             the
             Sheriffs
             bare
             accountants
             for
             the
             Annuall
             profits
             ;
             
             and
             as
             touching
             the
             casuall
             profits
             ,
             the
             Sheriffe
             discharged
             himselfe
             upon
             Oath
             .
             This
             was
             a
             good
             security
             to
             the
             King
             ,
             but
             yet
             the
             People
             was
             not
             herewith
             satisfied
             ;
             For
             though
             the
             Sheriffs
             might
             not
             take
             to
             Farme
             ,
             yet
             what
             they
             had
             ,
             they
             might
             let
             to
             Farme
             ;
             And
             then
             wherein
             are
             the
             People
             the
             better
             for
             these
             Lawes
             ?
             Seeing
             its
             all
             one
             for
             them
             to
             be
             oppressed
             by
             the
             Sheriffe
             immediately
             ,
             and
             by
             the
             Proxie
             .
          
           
             For
             preventing
             of
             this
             inconvenience
             ,
             another
             Law
             is
             made
             ;
             
             
               That
               the
               Sheriffe
               shall
               not
               let
               his
               Bailywicke
               to
               Farme
               ,
               nor
               be
               Nonresident
               ,
               and
               to
               this
               he
               must
               binde
               himselfe
               by
               Oathe
            
             :
             So
             as
             now
             the
             Sheriffe
             is
             double
             girt
             ,
             and
             may
             be
             fairely
             ridden
             ,
             without
             danger
             to
             the
             King
             or
             People
             .
             But
             men
             ride
             horses
             for
             ease
             ,
             and
             pleasure
             ,
             and
             he
             that
             must
             bend
             his
             minde
             alwayes
             to
             watch
             his
             horses
             motion
             ,
             
             will
             choose
             rather
             to
             goe
             on
             foote
             ;
             and
             therefore
             Henry
             the
             Fifth
             renewed
             the
             Law
             of
             Richard
             the
             Second
             ,
             
             that
             Sheriffs
             shall
             be
             but
             for
             one
             yeare
             ,
             and
             then
             not
             to
             be
             chosen
             again
             ,
             nor
             serve
             for
             three
             yeares
             next
             following
             .
             This
             Order
             continued
             for
             the
             space
             of
             eight
             yeares
             ,
             within
             which
             time
             ,
             Warre
             ,
             and
             Pestilence
             had
             consumed
             so
             many
             of
             the
             richer
             sort
             of
             People
             ,
             that
             a
             Dispensation
             is
             granted
             ,
             
             that
             Sheriffs
             may
             continue
             in
             their
             places
             for
             foure
             yeares
             .
             And
             it
             was
             above
             twenty
             yeares
             after
             ,
             ere
             the
             Stocke
             was
             recruted
             againe
             ;
             after
             which
             time
             ,
             the
             substance
             of
             the
             former
             Statutes
             of
             Edward
             the
             Third
             ,
             Richard
             the
             Second
             ,
             and
             1.
             
             Henry
             the
             Fifth
             is
             revived
             againe
             ,
             
             with
             a
             penaltie
             upon
             the
             Sheriffe
             ,
             his
             Deputy
             ,
             or
             Clerke
             ,
             that
             shall
             execute
             that
             place
             above
             one
             yeare
             ;
             so
             the
             custome
             of
             holding
             that
             Office
             tenne
             or
             twelve
             yeares
             ,
             by
             occasion
             of
             the
             Dispensation
             for
             foure
             yeares
             was
             laid
             aside
             :
             But
             the
             Cure
             would
             never
             be
             perfect
             ,
             so
             long
             as
             Sheriffs
             held
             by
             Inheritance
             :
             For
             it
             was
             easie
             to
             finde
             new
             Deputies
             ,
             but
             not
             to
             lay
             downe
             old
             Customes
             ,
             nor
             could
             it
             be
             lasting
             ,
             unlesse
             the
             penalties
             also
             had
             beene
             annexed
             to
             the
             particular
             crimes
             .
          
           
             For
             a
             Sheriffe
             before
             he
             is
             a
             yeare
             old
             ,
             by
             experience
             formerly
             had
             ,
             becomes
             too
             cunning
             for
             all
             these
             Lawes
             ;
             and
             therefore
             Lawes
             are
             made
             also
             against
             the
             ordinary
             corruption
             of
             these
             places
             ,
             such
             as
             are
             extorting
             of
             Fees
             ,
             
             false
             making
             of
             Juries
             ,
             false
             returnes
             of
             Writs
             ,
             &c.
             and
             damages
             in
             such
             cases
             given
             to
             the
             party
             wronged
             ;
             and
             when
             all
             is
             done
             ,
             he
             is
             not
             trusted
             with
             taking
             of
             Indictments
             .
             Thus
             with
             much
             adoe
             ,
             a
             Sheriffe
             is
             made
             a
             tollerable
             Officer
             ,
             and
             his
             place
             by
             Degrees
             so
             hedged
             in
             ,
             that
             what
             was
             in
             former
             times
             hard
             to
             plucke
             up
             ,
             is
             now
             become
             hard
             to
             sett
             .
          
        
         
           
           
             CAHP.
             XXI
             .
             Of
             Justices
             and
             Lawes
             concerning
             the
             Peace
             .
          
           
             THe
             faint
             title
             of
             Henry
             the
             fourth
             to
             the
             Crowne
             ,
             made
             him
             ever
             tender
             of
             the
             Civill
             Peace
             ,
             without
             breach
             whereof
             ,
             he
             was
             sure
             to
             be
             quiet
             in
             the
             Throne
             ;
             he
             undertooke
             not
             this
             worke
             by
             any
             superlative
             power
             ,
             from
             and
             by
             himselfe
             ,
             but
             useth
             the
             help
             of
             the
             Parliament
             ,
             and
             Lawes
             ,
             wherein
             he
             was
             industrious
             ;
             pretending
             love
             of
             Unity
             amongst
             his
             People
             ,
             which
             neverthelesse
             he
             liked
             not
             ,
             unlesse
             in
             order
             to
             quiet
             between
             himselfe
             and
             them
             .
             The
             former
             way
             of
             Justices
             of
             Peace
             he
             followed
             close
             ,
             reducing
             the
             Persons
             to
             their
             ancient
             qualifications
             .
             
             The
             most
             sufficient
             Persons
             ,
             
             Inhabitants
             in
             the
             County
             ,
             worth
             at
             least
             twenty
             pound
             yearly
             ,
             unlesse
             they
             be
             Lawyers
             ,
             or
             such
             as
             are
             Justices
             in
             Corporations
             ;
             
             nor
             is
             the
             King
             troubled
             or
             trusted
             with
             the
             naming
             or
             electing
             of
             these
             men
             ,
             but
             the
             Chancellor
             ,
             or
             the
             Kings
             councell
             ;
             so
             as
             now
             by
             Law
             the
             King
             can
             neither
             be
             Justice
             ,
             nor
             make
             Justice
             ,
             
               Jure
               proprio
            
             ,
             but
             as
             his
             interest
             with
             the
             Councell
             is
             more
             or
             lesse
             prevalent
             ,
             and
             that
             power
             ▪
             that
             first
             gave
             it
             to
             the
             Crowne
             ,
             the
             same
             power
             tooke
             it
             away
             ,
             or
             imparted
             ,
             and
             placed
             it
             elsewhere
             .
             But
             as
             touching
             the
             Worke
             or
             Power
             of
             the
             Justices
             themselves
             ,
             
             it
             grew
             exceedingly
             ,
             much
             wheerof
             was
             onely
             of
             inquiry
             and
             to
             make
             Certificate
             ,
             as
             of
             Herisie
             ,
             Treason
             ,
             Falshood
             of
             Sheriffs
             ,
             &c.
             
             But
             more
             of
             Oier
             and
             Terminer
             as
             in
             Case
             of
             Watches
             ,
             deceitfulnesse
             in
             Trades
             ;
             as
             of
             making
             arrow
             heads
             ,
             
             guilding
             of
             Mettall
             ,
             tanning
             of
             Leather
             ,
             inbasing
             of
             Silver
             ,
             selling
             of
             waxen
             Images
             and
             Pictures
             ,
             &c.
             for
             the
             superstition
             of
             these
             times
             was
             such
             ,
             as
             these
             petty
             Gods
             were
             not
             set
             at
             so
             high
             a
             Price
             by
             the
             Seller
             ,
             but
             at
             a
             higher
             price
             by
             the
             Buyer
             ;
             the
             Parliament
             therefore
             set
             a
             truer
             vallue
             of
             them
             ,
             Viz.
             For
             the
             Wax
             ,
             so
             much
             as
             the
             Wax
             is
             worth
             by
             weight
             ,
             and
             but
             foure
             pence
             for
             the
             Godhead
             ;
             
             so
             as
             it
             seemes
             ,
             the
             Parliament
             was
             not
             very
             superstitious
             in
             their
             House
             ,
             what
             ever
             they
             were
             at
             Church
             .
             Further-more
             ,
             the
             Justices
             of
             the
             Peace
             had
             power
             to
             punish
             deceit
             in
             Measures
             ,
             Weights
             ,
             forcible
             entries
             ,
             and
             Detainers
             .
             
             In
             many
             of
             which
             Cases
             ,
             the
             Penalty
             being
             fine
             and
             imprsonment
             ,
             became
             a
             snare
             to
             many
             of
             the
             Justices
             ,
             especially
             such
             as
             were
             of
             the
             greater
             and
             higher
             ranke
             ,
             who
             having
             Castles
             of
             their
             owne
             ,
             under
             colour
             of
             justice
             ,
             imprisoned
             Delinquents
             ,
             in
             their
             owne
             Castles
             ,
             and
             ransomed
             them
             at
             their
             owne
             pleasure
             ;
             which
             proved
             a
             great
             oppression
             to
             the
             People
             ;
             and
             occasioned
             a
             Law
             ,
             that
             no
             Justice
             should
             commit
             any
             Delinquent
             to
             other
             then
             the
             County
             Goale
             ,
             saving
             Franchises
             to
             the
             Lords
             .
             
             Those
             times
             are
             happy
             when
             justice
             waites
             not
             altogether
             at
             Court
             ,
             but
             growes
             up
             in
             the
             feilds
             ,
             and
             Justices
             of
             Peace
             ,
             as
             the
             Kings
             armes
             upon
             the
             Royall
             Mace
             are
             terrible
             onely
             to
             the
             bad
             ;
             and
             not
             as
             they
             are
             pictured
             before
             an
             Ale-house
             door
             to
             invite
             men
             to
             transgresse
             .
          
           
             The
             Lawes
             for
             the
             preservation
             of
             the
             Peace
             concerne
             either
             punishment
             of
             Crimes
             committed
             ,
             or
             prevention
             of
             them
             from
             being
             committed
             :
             There
             is
             a
             succession
             of
             Crimes
             ,
             as
             of
             men
             and
             ages
             ,
             because
             the
             Scripture
             tells
             us
             ,
             that
             the
             hearts
             of
             all
             are
             fashioned
             alike
             ,
             yet
             it
             is
             with
             generations
             as
             with
             men
             ,
             some
             incline
             to
             some
             Crimes
             more
             then
             other
             ,
             and
             that
             is
             the
             reason
             that
             the
             title
             Treason
             ,
             sometimes
             is
             set
             forth
             in
             Folio
             ,
             sometimes
             in
             a
             lesser
             Volume
             .
             It
             s
             evident
             in
             Story
             ,
             that
             the
             violent
             times
             of
             Richard
             the
             second
             ,
             had
             raised
             the
             vallue
             of
             that
             ,
             amongst
             other
             offences
             ,
             above
             measure
             ;
             not
             long
             before
             his
             time
             ,
             his
             Father
             had
             reduced
             that
             wilde
             Notion
             of
             Treason
             to
             a
             certaine
             rule
             ,
             that
             formerly
             wandred
             in
             a
             Wildernesse
             of
             opinion
             .
             But
             Henry
             the
             fourth
             ,
             either
             to
             save
             his
             own
             Stake
             ,
             or
             to
             take
             the
             People
             ,
             or
             both
             ,
             
             reduced
             it
             againe
             to
             the
             Statute
             rule
             of
             Edward
             the
             third
             ,
             and
             made
             void
             that
             Statute
             of
             his
             Predecessors
             ,
             which
             had
             made
             a
             former
             Act
             of
             Parliament
             ,
             (
             and
             all
             the
             service
             thereby
             done
             )
             Treason
             .
             The
             dimensions
             of
             Treason
             thus
             clearly
             limmed
             and
             declared
             ,
             taught
             
             ill
             disposed
             mindes
             to
             keep
             out
             of
             the
             Letter
             ,
             and
             yet
             to
             be
             bold
             with
             the
             sense
             ;
             counterfeit
             Money
             they
             durst
             not
             ,
             yet
             to
             diminish
             the
             same
             they
             thought
             came
             not
             within
             the
             circle
             ,
             
             and
             so
             it
             became
             a
             common
             greivance
             ,
             till
             a
             Law
             was
             made
             ,
             that
             all
             purposed
             impairing
             of
             Mony
             shall
             be
             Treason
             .
             And
             so
             the
             Parliament
             held
             forth
             to
             all
             men
             that
             they
             had
             a
             power
             to
             declare
             Treason
             ,
             without
             the
             bounds
             of
             the
             Statute
             of
             Edward
             the
             third
             .
             The
             like
             power
             it
             held
             forth
             in
             the
             time
             of
             Henry
             the
             sixth
             ,
             for
             men
             knew
             that
             Burglary
             and
             robbery
             were
             mortall
             crimes
             ,
             they
             would
             no
             more
             of
             that
             ,
             now
             they
             devise
             a
             way
             to
             spoile
             ,
             and
             prey
             ,
             for
             themselves
             ,
             and
             yet
             neither
             to
             rob
             ,
             nor
             break
             house
             .
             To
             this
             end
             they
             would
             scatter
             little
             Scrolls
             in
             writing
             ,
             requiring
             the
             party
             that
             they
             intended
             to
             prey
             upon
             ,
             to
             leave
             so
             much
             Money
             upon
             such
             a
             day
             ,
             at
             such
             a
             place
             ,
             and
             this
             was
             ,
             
             
               Sub
               paena
            
             ,
             of
             burning
             the
             parties
             house
             ,
             and
             goods
             ;
             which
             many
             times
             did
             insue
             upon
             default
             made
             ,
             this
             practise
             was
             at
             once
             made
             Treason
             ,
             to
             prevent
             the
             grouth
             of
             such
             an
             evill
             .
             And
             the
             like
             was
             done
             with
             Robberies
             and
             Manslaughters
             ,
             contrary
             to
             the
             Kings
             Truce
             ,
             and
             Safeconduct
             .
             
          
           
             As
             many
             or
             more
             new
             Fellonies
             were
             also
             now
             created
             .
          
           
             One
             was
             the
             cutting
             out
             of
             mens
             tongues
             ,
             and
             plucking
             out
             of
             eyes
             ,
             
             a
             strange
             cruelty
             ;
             and
             that
             shewed
             the
             extreame
             savagenesse
             of
             those
             times
             ,
             so
             much
             the
             more
             intollerable
             ,
             by
             how
             much
             the
             poore
             tortured
             creature
             could
             hardly
             be
             either
             eye
             ,
             or
             eare
             witnesse
             ,
             of
             the
             truth
             of
             his
             own
             wrong
             .
          
           
             
             A
             second
             Fellony
             was
             ,
             the
             customary
             carrying
             of
             Wooll
             ,
             or
             Wool-fells
             out
             of
             the
             Realme
             ,
             to
             other
             places
             ;
             except
             Callis
             .
          
           
             Another
             Fellony
             concerneth
             Souldiers
             ,
             which
             I
             refer
             over
             to
             the
             next
             Chapter
             .
          
           
             The
             last
             was
             ,
             Servants
             plundering
             their
             Masters
             Goods
             ,
             and
             absenting
             themselves
             ,
             
             if
             upon
             Proclamation
             made
             ,
             they
             appeare
             not
             ,
             this
             was
             also
             made
             Fellony
             .
          
           
           
             In
             the
             next
             place
             ,
             as
             touching
             forcible
             entries
             and
             riots
             ,
             the
             remedies
             so
             often
             inculcated
             ,
             and
             new
             dressed
             ,
             shew
             plainly
             the
             nature
             of
             the
             times
             :
             These
             kind
             of
             crimes
             commonly
             are
             as
             the
             light
             Skirmishes
             in
             the
             beginning
             of
             a
             War
             ,
             and
             follow
             in
             the
             conclusion
             also
             ,
             as
             the
             faintings
             of
             a
             battell
             fought
             till
             both
             sides
             be
             weary
             .
          
           
             I
             shall
             not
             enter
             into
             each
             particular
             Statute
             ,
             diverse
             of
             them
             being
             little
             other
             then
             as
             asseverations
             ,
             annexed
             to
             a
             sentence
             ,
             to
             add
             credit
             and
             stirr
             up
             minding
             in
             men
             ,
             that
             otherwise
             would
             soone
             forget
             what
             is
             sayd
             or
             done
             :
             The
             remedies
             formerly
             propounded
             are
             now
             refined
             and
             made
             more
             effectuall
             .
          
           
             First
             ,
             in
             regard
             of
             speed
             ,
             which
             is
             as
             necessary
             in
             these
             forces
             as
             the
             stopping
             of
             the
             breaches
             of
             waters
             ,
             in
             the
             first
             Act
             ,
             and
             therefore
             one
             Justice
             of
             the
             Peace
             may
             proceed
             upon
             a
             holder
             by
             force
             ,
             or
             breaker
             of
             the
             Peace
             ,
             with
             a
             Continuando
             ,
             
             but
             Riots
             are
             looked
             upon
             as
             more
             dangerous
             ,
             and
             the
             first
             opposition
             had
             need
             be
             more
             stiffe
             ,
             least
             being
             uneffectuall
             ,
             aggravates
             the
             violence
             ,
             and
             therefore
             it
             s
             required
             that
             two
             Justices
             ,
             and
             the
             Sheriffe
             should
             joyne
             in
             the
             worke
             ,
             to
             carry
             one
             the
             worke
             with
             more
             Authority
             ,
             and
             Power
             .
             And
             what
             they
             cannot
             do
             in
             the
             punitive
             part
             ,
             they
             must
             certifie
             to
             the
             King
             and
             his
             Councel
             ,
             
             or
             to
             the
             Kings
             Bench
             if
             traverse
             be
             made
             :
             So
             as
             though
             the
             Power
             of
             the
             County
             be
             annexed
             to
             the
             Sheriffe
             ,
             
               Jure
               ordinario
            
             ,
             to
             maintaine
             the
             peace
             ,
             yet
             the
             Parliament
             did
             delegate
             the
             same
             upon
             Justices
             ,
             as
             it
             thought
             most
             expedient
             .
          
           
             To
             maintaine
             and
             recover
             the
             Peace
             when
             it
             s
             broken
             ,
             shewes
             more
             Power
             ,
             but
             to
             prevent
             the
             breach
             ,
             shewes
             more
             Wisdome
             ,
             and
             therefore
             to
             all
             the
             rest
             ,
             the
             Wisdome
             of
             these
             times
             provided
             carefully
             ,
          
           
             First
             ,
             for
             Guards
             ,
             and
             Watches
             ,
             according
             to
             the
             Statute
             at
             Wint
             :
             
             and
             committed
             the
             care
             thereof
             to
             the
             Justices
             of
             the
             Peace
             .
          
           
             And
             secondly
             ,
             against
             the
             gendring
             of
             partyes
             ,
             for
             its
             commonly
             seene
             ,
             that
             such
             as
             are
             admired
             for
             excellecies
             
             of
             Person
             ,
             are
             so
             far
             adolized
             of
             some
             ,
             as
             that
             their
             gestures
             ,
             actions
             ,
             and
             opinions
             ,
             are
             observed
             ;
             tokens
             of
             favour
             (
             though
             never
             so
             small
             )
             are
             desired
             from
             such
             and
             the
             Idoll
             likes
             it
             well
             ,
             gives
             Points
             ,
             Ribbons
             ,
             it
             may
             be
             Hats
             ,
             and
             with
             these
             men
             are
             soon
             gained
             to
             be
             Servants
             in
             the
             fashion
             ,
             and
             not
             long
             after
             to
             be
             servants
             in
             Action
             ,
             be
             it
             War
             or
             Treason
             ,
             or
             any
             other
             way
             .
             This
             manner
             of
             cheat
             ,
             the
             former
             times
             had
             been
             too
             well
             acquainted
             with
             ;
             Knights
             ,
             and
             Esquires
             ,
             are
             not
             feared
             ,
             in
             times
             where
             the
             word
             Lord
             carries
             the
             wonderment
             away
             ,
             their
             offences
             against
             the
             Statutes
             of
             Liveries
             ,
             are
             all
             great
             ,
             though
             in
             themselves
             never
             so
             small
             ;
             
             and
             therefore
             are
             sure
             of
             Fine
             ,
             and
             Ransome
             ,
             and
             it
             s
             well
             if
             they
             escape
             a
             yeares
             Imprisonment
             ,
             without
             baile
             ,
             or
             mainprize
             .
             Lords
             may
             weare
             the
             Kings
             Livery
             ,
             but
             may
             give
             none
             ;
             Knights
             and
             Esquires
             may
             weare
             the
             Kings
             Livery
             in
             their
             attendance
             upon
             his
             Person
             ,
             but
             not
             in
             the
             Countrey
             :
             
             The
             King
             and
             Prince
             may
             give
             Liveries
             to
             Lords
             and
             meniall
             Servants
             .
             The
             summe
             is
             ,
             that
             Liveries
             may
             be
             given
             by
             the
             more
             publique
             Persons
             for
             State
             ,
             not
             to
             make
             parties
             ;
             and
             Men
             may
             weare
             Liveries
             in
             token
             of
             Service
             in
             Peace
             ,
             and
             not
             in
             Armes
             .
          
           
             One
             thing
             must
             be
             added
             to
             all
             ,
             which
             may
             concern
             triall
             in
             all
             ,
             
             
               Viz.
               A
               Law
               was
               now
               made
               ,
               that
               Noble
               Ladies
               shall
               be
               tried
               by
               their
               Peeres
            
             ;
             a
             Law
             now
             of
             the
             first
             stamp
             ,
             and
             strange
             it
             is
             that
             it
             never
             came
             before
             now
             into
             the
             breast
             of
             the
             Law
             ,
             but
             that
             it
             came
             now
             ,
             it
             is
             not
             strange
             ;
             no
             meaner
             Person
             then
             the
             Dutches
             of
             Glocester
             is
             first
             charged
             with
             Treason
             ;
             when
             that
             could
             not
             appear
             ,
             then
             for
             Necromancy
             ,
             very
             fitly
             ,
             that
             she
             might
             be
             tried
             by
             the
             Ecclesiasticall
             way
             of
             witnesses
             ;
             She
             is
             found
             guilty
             ,
             and
             a
             Sentence
             of
             Penance
             ,
             and
             imprisonment
             or
             banishment
             passed
             thereupon
             after
             such
             a
             wilde
             way
             ,
             as
             both
             Nobles
             ,
             and
             Commons
             passed
             this
             Law
             ,
             for
             the
             Vindication
             of
             that
             Noble
             Sexe
             ,
             from
             such
             hudling
             trialls
             for
             the
             future
             .
          
        
         
           
           
             CHAP.
             XXII
             .
             Of
             the
             Militia
             during
             these
             times
             .
          
           
             THe
             Title
             of
             Henry
             the
             Fourth
             to
             the
             Crown
             ,
             was
             maintained
             principally
             by
             his
             Tenures
             ,
             which
             the
             Courtiers
             call
             Knight-Service
             ,
             but
             the
             Common
             People
             ,
             force
             of
             Armes
             ;
             and
             that
             which
             destroyed
             many
             a
             man
             ,
             was
             the
             principall
             means
             of
             his
             subsistence
             .
             Otherwise
             its
             clear
             ,
             that
             his
             Title
             was
             staring
             naught
             ;
             nor
             could
             he
             outface
             Mortimars
             Title
             ,
             without
             a
             naked
             Sword
             ,
             which
             he
             used
             warily
             ;
             for
             he
             had
             Enemies
             enough
             to
             keep
             his
             Sword
             in
             hand
             ,
             and
             Freinds
             enough
             to
             keep
             it
             from
             striking
             at
             randome
             :
             for
             coming
             in
             by
             the
             Peoples
             favour
             ,
             he
             was
             obleiged
             to
             be
             rather
             remisse
             ,
             then
             rigorous
             ,
             yet
             his
             manner
             of
             comming
             was
             by
             the
             Sword
             ,
             and
             that
             occasioneth
             men
             much
             to
             debate
             about
             his
             absolute
             power
             in
             the
             Militia
             ,
             as
             supposing
             that
             what
             power
             he
             had
             ,
             other
             Kings
             may
             ,
             
               De
               jure
            
             ,
             challenge
             the
             same
             ;
             and
             let
             that
             be
             taken
             for
             granted
             ,
             though
             it
             will
             not
             necessarily
             follow
             in
             true
             reasoning
             :
             And
             let
             it
             also
             be
             taken
             for
             good
             ,
             that
             Henry
             the
             Fourth
             ,
             entered
             the
             Throne
             by
             his
             Sword
             ,
             yet
             is
             there
             not
             any
             Monument
             in
             Story
             or
             Antiquity
             ,
             that
             favoureth
             any
             absolute
             right
             in
             him
             over
             the
             Militia
             ,
             but
             the
             current
             is
             ,
             I
             think
             ,
             somwhat
             clear
             against
             it
             .
          
           
             First
             ,
             because
             Henry
             the
             Fourth
             ,
             
               De
               Jure
            
             ,
             could
             not
             compell
             men
             to
             serve
             beyond
             the
             Seas
             ,
             but
             raised
             them
             by
             contract
             ,
             and
             therefore
             by
             Act
             of
             Parliament
             ,
             he
             did
             confirme
             the
             Statute
             ,
             1
             Ed.
             3.
             
             Stat.
             2.
             cap.
             5.
             
             which
             Statute
             was
             purposely
             made
             to
             that
             end
             :
             And
             the
             same
             also
             is
             countenanced
             by
             another
             Statute
             made
             in
             these
             times
             ,
             
             whereof
             we
             now
             Treat
             ;
             by
             the
             words
             whereof
             appeareth
             ,
             that
             the
             Souldiers
             for
             the
             Forrain
             Service
             were
             levied
             by
             Contract
             ,
             between
             them
             and
             the
             Captain
             ,
             who
             undertooke
             to
             Levy
             them
             by
             wage
             ;
             so
             as
             none
             were
             then
             compelled
             to
             enter
             into
             Service
             by
             imprest
             ,
             or
             absolute
             command
             ;
             nor
             is
             there
             any
             
             authority
             amongst
             all
             those
             cited
             in
             Calvins
             Case
             ,
             that
             doth
             mention
             any
             such
             thing
             ;
             but
             contrarily
             ,
             that
             Opinion
             of
             Thirning
             is
             expresse
             ,
             
             That
             the
             King
             cannot
             send
             men
             beyond
             Seas
             to
             Warres
             ,
             without
             wages
             ;
             and
             therefore
             no
             man
             is
             bound
             to
             any
             such
             Service
             ,
             by
             any
             absolute
             Legiance
             ,
             as
             the
             Reporter
             would
             understand
             the
             point
             ;
             but
             if
             he
             receiveth
             wages
             thereto
             ,
             he
             by
             that
             Contract
             binds
             himselfe
             .
          
           
             Secondly
             ,
             it
             seemeth
             also
             to
             be
             granted
             ,
             that
             such
             as
             went
             voluntarily
             in
             the
             Kings
             Service
             ,
             ever
             had
             the
             Kings
             pay
             ,
             after
             they
             were
             out
             of
             their
             Counties
             ,
             if
             the
             King
             ruled
             by
             his
             Lawes
             ,
             for
             by
             the
             Statute
             formerly
             mentioned
             ,
             the
             King
             did
             likewise
             confirm
             the
             Statute
             of
             18
             Ed.
             3.
             
             Stat.
             2.
             cap.
             7.
             which
             is
             expresse
             in
             that
             point
             ,
             and
             the
             matter
             in
             Fact
             also
             is
             evident
             upon
             the
             Records
             .
          
           
             Thirdly
             ,
             touching
             the
             Arming
             of
             those
             that
             were
             thus
             Levied
             ,
             as
             their
             was
             a
             certain
             Law
             ,
             by
             which
             all
             men
             were
             Assessed
             to
             certain
             Armes
             ,
             either
             by
             the
             Service
             and
             Tenure
             of
             their
             Lands
             ,
             or
             by
             Parliament
             ;
             for
             such
             as
             were
             not
             bound
             to
             finde
             sufficient
             Armes
             by
             their
             Tenure
             ,
             according
             as
             is
             contained
             in
             the
             Statute
             ,
             
             25
             Ed.
             3.
             
             Stat.
             5
             ▪
             cap.
             8.
             
             So
             did
             Henry
             the
             Fourth
             ,
             by
             the
             Statute
             formerly
             mentioned
             to
             be
             made
             in
             his
             time
             ,
             Confirm
             that
             Law
             of
             Edward
             the
             Third
             .
             In
             the
             Argument
             of
             Calvins
             Case
             ,
             it
             is
             much
             insisted
             upon
             ,
             to
             prove
             the
             Legiance
             of
             an
             English
             man
             to
             the
             King
             ,
             to
             be
             absolute
             ,
             because
             he
             hath
             power
             to
             send
             men
             to
             Warre
             at
             his
             pleasure
             ,
             and
             he
             hath
             onely
             power
             to
             make
             Warre
             ;
             and
             if
             so
             ,
             then
             hath
             he
             absolute
             power
             in
             the
             Militia
             :
             As
             touching
             the
             power
             of
             sending
             men
             to
             Warre
             ,
             hath
             been
             already
             spoken
             ;
             but
             as
             touching
             the
             power
             to
             make
             Warre
             ,
             there
             is
             no
             doubt
             ,
             but
             where
             a
             King
             hath
             made
             a
             League
             with
             another
             King
             ,
             he
             onely
             can
             break
             that
             League
             ,
             and
             so
             make
             Warre
             ;
             and
             that
             Opinion
             of
             Brian
             must
             be
             agreed
             for
             good
             in
             that
             sense
             .
             
             But
             if
             a
             League
             be
             made
             by
             Act
             of
             Parliament
             ,
             or
             if
             the
             King
             will
             have
             Warre
             ,
             and
             the
             Parliament
             will
             make
             a
             League
             without
             him
             ;
             no
             authority
             doth
             in
             such
             case
             avouch
             ,
             that
             it
             is
             the
             right
             of
             the
             King
             ,
             or
             that
             he
             hath
             a
             Legall
             Power
             to
             
             break
             that
             League
             as
             he
             pleaseth
             :
             Neither
             in
             the
             next
             place
             ,
             hath
             the
             King
             any
             right
             or
             Legall
             power
             to
             make
             War
             with
             his
             own
             Subjects
             as
             he
             pleaseth
             ,
             but
             is
             bound
             to
             maintain
             the
             Peace
             ,
             not
             onely
             by
             his
             Oath
             at
             his
             Coronation
             ,
             but
             also
             by
             the
             Lawes
             whereto
             he
             is
             bound
             ,
             if
             he
             will
             reign
             in
             right
             of
             an
             English
             King
             :
             For
             every
             man
             knoweth
             ,
             that
             the
             grounds
             of
             the
             Statutes
             of
             wearing
             of
             Liveries
             ,
             was
             for
             the
             maintaining
             of
             the
             Publique
             Peace
             .
             And
             Henry
             the
             Fourth
             ,
             
             amongst
             other
             provisions
             made
             against
             that
             trick
             ,
             hath
             this
             ;
             
               That
               the
               King
               shall
               give
               onely
               his
               Honourable
               Livery
               to
               his
               Lords
               Temporall
               whom
               shall
               please
               him
               ,
               and
               to
               his
               Knights
               and
               Esquires
               meniall
               ,
               and
               to
               his
               Knights
               and
               Esquires
               which
               be
               of
               his
               retinue
               ,
               and
               take
               of
               him
               their
               yearely
               Fee
               for
               Terme
               of
               Life
               ,
               and
               that
               no
               Yeoman
               shall
               take
               or
               weare
               any
               Livery
               of
               the
               King
               ,
               nor
               of
               none
               other
               Lord.
            
             And
             another
             Law
             was
             made
             within
             one
             yeare
             ensuing
             ,
             confirming
             the
             former
             ,
             
             and
             providing
             ,
             the
             Prince
             may
             give
             Liveries
             to
             such
             Lords
             as
             he
             pleases
             ,
             and
             to
             his
             meniall
             Gentlemen
             ,
             and
             that
             they
             may
             weare
             the
             same
             as
             in
             the
             Kings
             Case
             .
             By
             both
             which
             ,
             the
             King
             and
             Prince
             are
             both
             in
             one
             Case
             ,
             as
             touching
             the
             power
             of
             giving
             Liveries
             ,
             if
             the
             one
             hath
             absolute
             power
             ,
             then
             hath
             the
             other
             the
             like
             ;
             If
             one
             be
             under
             the
             Directory
             of
             Law
             in
             that
             point
             ,
             then
             is
             also
             the
             other
             :
             For
             it
             is
             clear
             ,
             that
             the
             King
             is
             intended
             by
             the
             Statute
             to
             be
             bound
             from
             giving
             Liveries
             ,
             and
             the
             people
             from
             wearing
             them
             ,
             otherwise
             then
             in
             especiall
             Cases
             ;
             and
             then
             the
             Conclusion
             will
             be
             ,
             that
             if
             the
             King
             may
             not
             give
             Liveries
             to
             prejudice
             of
             the
             Peace
             ,
             then
             may
             he
             much
             lesse
             break
             the
             Peace
             at
             his
             pleasure
             ;
             or
             Levy
             Men
             ,
             Armes
             and
             Warre
             when
             he
             shall
             think
             most
             meet
             .
             Take
             then
             away
             from
             the
             King
             absolute
             Power
             to
             compell
             men
             to
             take
             up
             Armes
             ,
             otherwise
             then
             in
             case
             of
             Forrain
             Invasion
             ;
             power
             to
             compell
             men
             to
             goe
             out
             of
             their
             Counties
             to
             War
             ;
             power
             to
             charge
             men
             for
             maintenance
             of
             the
             wars
             ,
             power
             to
             make
             them
             find
             Armes
             at
             his
             pleasure
             ;
             and
             lastly
             ,
             power
             to
             break
             the
             Peace
             ,
             or
             doe
             ought
             that
             may
             tend
             thereto
             :
             Certainly
             the
             power
             of
             the
             Militia
             that
             remaineth
             ,
             though
             never
             so
             surely
             setled
             in
             the
             Kings
             hand
             ,
             can
             never
             bite
             this
             Nation
             .
          
           
           
             Nor
             can
             the
             noise
             of
             the
             Commission
             of
             Array
             ,
             Intitle
             the
             King
             unto
             any
             such
             vast
             power
             ,
             as
             is
             pretended
             :
             For
             though
             it
             be
             granted
             ,
             that
             the
             Commission
             of
             Array
             was
             amended
             by
             the
             Parliament
             in
             these
             times
             ;
             and
             secondly
             ,
             that
             being
             so
             amended
             ,
             it
             was
             to
             serve
             for
             a
             President
             or
             Rule
             for
             the
             future
             ;
             yet
             will
             it
             not
             follow
             ,
             that
             Henry
             the
             Fourth
             had
             ,
             or
             any
             Successours
             of
             his
             ,
             hath
             any
             power
             of
             Array
             originally
             from
             themselves
             ,
             absolutely
             in
             themselves
             ,
             or
             determinatively
             to
             such
             ends
             ,
             as
             he
             ,
             or
             they
             ,
             shall
             thinke
             meete
             .
          
           
             First
             ,
             as
             touching
             the
             amendment
             of
             the
             Commission
             ,
             it
             was
             done
             upon
             complaint
             made
             by
             the
             Commons
             as
             a
             greivance
             ,
             that
             such
             Commissions
             had
             issued
             forth
             ,
             as
             had
             been
             greivous
             ,
             hurtfull
             ,
             and
             dangerous
             ;
             And
             the
             King
             agrees
             to
             the
             amendments
             ,
             upon
             advice
             had
             with
             the
             Lords
             ,
             and
             Judges
             :
             
             and
             if
             it
             be
             true
             that
             the
             amendments
             were
             in
             the
             materiall
             Clauses
             (
             as
             it
             is
             granted
             )
             then
             it
             seemeth
             that
             formerly
             a
             greater
             power
             was
             exercised
             then
             by
             Law
             ought
             to
             have
             been
             ;
             and
             then
             hath
             not
             the
             King
             an
             absolute
             power
             of
             Array
             ,
             for
             the
             just
             power
             of
             a
             King
             ,
             can
             be
             no
             greivance
             to
             the
             Subject
             .
          
           
             
             Secondly
             ,
             if
             the
             Commission
             of
             Array
             thus
             mended
             ,
             was
             to
             serve
             as
             a
             rule
             of
             Array
             for
             the
             future
             ,
             then
             there
             is
             a
             rule
             ,
             beyond
             which
             ,
             Henry
             the
             Fourth
             ,
             and
             his
             Successors
             may
             not
             goe
             ;
             and
             then
             it
             will
             also
             follow
             ,
             that
             the
             power
             of
             Array
             ,
             is
             not
             Originally
             ,
             nor
             absolutely
             ,
             in
             the
             King
             ;
             but
             from
             ,
             and
             under
             the
             Rule
             and
             Law
             of
             the
             Parliament
             :
             which
             rule
             was
             not
             made
             by
             the
             Kings
             own
             directions
             ,
             
             but
             (
             as
             we
             are
             told
             )
             beyond
             expectation
             ,
             alterations
             were
             made
             in
             materiall
             parts
             of
             the
             Commission
             ,
             and
             the
             powers
             in
             execution
             there
             ,
             whereof
             no
             complaint
             of
             greivance
             had
             been
             made
             .
             The
             issue
             then
             is
             ,
             if
             the
             King
             had
             an
             Universall
             Power
             in
             the
             Array
             ;
             the
             Parliament
             likewise
             had
             a
             generall
             Liberty
             ,
             without
             any
             restriction
             to
             correct
             that
             power
             .
          
           
             Lastly
             ,
             suppose
             that
             this
             power
             of
             the
             Parliament
             is
             executed
             ,
             and
             concluded
             ,
             by
             the
             Commission
             thus
             amended
             ,
             and
             that
             thereby
             the
             Kings
             Power
             is
             established
             ,
             yet
             can
             it
             
             not
             be
             concluded
             ,
             that
             this
             Power
             is
             Originally
             or
             absolutely
             in
             the
             King
             :
             It
             s
             not
             absolutely
             in
             him
             ,
             because
             it
             is
             limited
             in
             these
             particulars
             .
          
           
             First
             ,
             it
             s
             not
             continuall
             ,
             because
             its
             onely
             in
             case
             of
             eminent
             danger
             .
          
           
             Secondly
             ,
             It
             s
             not
             generall
             upon
             all
             occasions
             ,
             but
             onely
             in
             case
             of
             a
             Forrain
             and
             sudden
             invasion
             and
             attempts
             .
          
           
             Thirdly
             ,
             the
             powers
             are
             not
             undefined
             ,
             but
             circumscribed
             .
             1.
             
             To
             Array
             such
             as
             are
             Armed
             ,
             
             so
             as
             they
             cannot
             assesse
             Armes
             upon
             such
             .
             2.
             
             To
             compell
             those
             of
             able
             Bodies
             and
             Estates
             to
             be
             Armed
             ,
             and
             those
             of
             able
             Estates
             ,
             and
             not
             able
             bodies
             ,
             to
             Arme
             such
             as
             are
             of
             able
             Bodies
             ,
             and
             not
             Estates
             :
             but
             this
             must
             be
             
               Juxta
               facultates
            
             ,
             and
             
               salvo
               Statu
            
             .
             3.
             
             Whereas
             they
             straine
             themselves
             to
             make
             the
             Statute
             of
             Henry
             the
             Fourth
             ,
             and
             the
             Commission
             of
             Array
             ,
             to
             consist
             with
             the
             Statutes
             of
             13
             E.
             1.
             1
             
             E.
             3.
             and
             25
             E.
             3.
             thereby
             they
             affirm
             so
             many
             more
             restrictions
             unto
             this
             power
             of
             Array
             ,
             as
             those
             Statutes
             are
             remediall
             in
             particular
             cases
             ;
             yet
             doe
             I
             not
             agree
             to
             their
             Glosses
             ,
             but
             leave
             them
             to
             the
             debate
             already
             published
             concerning
             the
             same
             .
          
           
             Secondly
             ,
             as
             this
             power
             was
             not
             absolutely
             in
             the
             King
             ,
             so
             was
             it
             not
             originally
             from
             themselves
             ,
             because
             they
             had
             not
             the
             Legislative
             Power
             concerning
             the
             same
             ;
             but
             the
             same
             was
             ever
             ,
             and
             yet
             is
             ,
             in
             the
             Parliament
             ;
             hereof
             I
             shall
             note
             onely
             three
             particular
             instances
             .
          
           
             First
             ,
             the
             Militia
             is
             a
             Posture
             ,
             that
             extendeth
             as
             well
             to
             Sea
             ,
             as
             Land
             :
             That
             which
             concerneth
             the
             Sea
             ,
             is
             the
             Law
             of
             Marque
             ,
             and
             Reprisall
             ,
             granted
             to
             such
             of
             the
             People
             of
             this
             Nation
             ,
             as
             are
             pillaged
             by
             Sea
             ,
             by
             such
             as
             have
             the
             Kings
             Conduct
             ,
             or
             publique
             Truce
             .
             And
             by
             this
             Law
             ,
             
             the
             Party
             pillaged
             ,
             had
             to
             recompence
             himself
             upon
             that
             man
             that
             had
             pillaged
             him
             ,
             or
             upon
             any
             other
             Subject
             of
             that
             Nation
             ,
             in
             case
             upon
             request
             made
             of
             the
             Magistrate
             in
             that
             Nation
             ,
             satisfaction
             be
             not
             given
             him
             for
             his
             wrong
             ,
             it
             was
             a
             Law
             made
             by
             the
             Parliament
             ,
             whereby
             the
             Chancellor
             had
             power
             to
             grant
             such
             Letters
             or
             Commission
             ,
             upon
             complaint
             to
             him
             made
             .
          
           
           
             
             This
             was
             grounded
             upon
             the
             Statute
             of
             
               Magna
               Charta
            
             ,
             concerning
             Free
             Trade
             ,
             which
             had
             been
             prejudiced
             by
             the
             rigour
             of
             the
             Conservators
             of
             the
             Truce
             ,
             against
             the
             Kings
             Subjects
             ,
             although
             what
             was
             by
             them
             done
             was
             done
             in
             their
             own
             defence
             :
             And
             by
             which
             means
             ,
             the
             Forrainers
             were
             become
             bold
             to
             transgress
             ,
             and
             the
             English
             fearfull
             in
             their
             own
             Charge
             ,
             and
             many
             laid
             aside
             their
             Trade
             by
             Sea
             ,
             and
             thereby
             the
             strength
             of
             the
             Kingdome
             was
             much
             impaired
             :
             Nor
             is
             the
             Equity
             of
             this
             Law
             to
             be
             questioned
             ,
             for
             if
             the
             Magistrate
             upon
             complaint
             made
             ,
             grants
             not
             releif
             ,
             the
             offence
             becomes
             Publique
             ,
             and
             the
             Nation
             chargeable
             ,
             in
             nature
             of
             an
             Accessory
             after
             the
             Fact
             ,
             and
             so
             the
             next
             man
             liable
             to
             give
             satisfaction
             ,
             and
             to
             seek
             for
             releif
             at
             home
             .
          
           
             The
             King
             then
             hath
             a
             power
             to
             grant
             Letters
             of
             Marque
             ,
             by
             Sea
             or
             Land
             ,
             and
             this
             power
             is
             granted
             by
             Parliament
             ,
             and
             this
             power
             is
             a
             limited
             power
             ,
             onely
             in
             particular
             cases
             ,
             in
             regard
             that
             many
             times
             these
             prove
             in
             nature
             of
             the
             first
             ,
             light
             skirmishes
             of
             a
             generall
             War.
             
          
           
             Two
             other
             Instances
             yet
             remain
             ,
             concerning
             the
             Order
             and
             Government
             of
             the
             Souldiers
             in
             the
             Army
             ;
             the
             one
             concerning
             the
             Souldiers
             Pay
             ,
             
               Viz.
               That
               Captains
               shall
               not
               abate
               the
               Souldiers
               Wages
               ,
            
             
             
               but
               for
               their
               Cloathing
               ,
               under
               peril
               of
               Fine
               to
               the
               King.
            
             The
             other
             concerning
             the
             Souldiers
             service
             ,
             
             
               That
               they
               shall
               not
               depart
               from
               their
               Colours
               without
               leave
               ,
               before
               the
               time
               of
               their
               Service
               be
               expired
               ,
               unlesse
               in
               case
               of
               sicknesse
               ,
               or
               other
               good
               cause
               ,
               testified
               and
               allowed
               by
               the
               Captain
               ;
               and
               such
               as
               shall
               doe
               otherwise
               ,
               shall
               suffer
               as
               Fellons
               .
            
             Which
             Lawes
             could
             not
             have
             holden
             in
             force
             ,
             had
             they
             not
             been
             made
             by
             Parliament
             ,
             in
             respect
             that
             the
             Penalties
             concern
             the
             Estates
             and
             Lives
             of
             Men
             ,
             which
             are
             not
             to
             be
             invaded
             but
             by
             the
             Law
             of
             the
             Land
             :
             so
             as
             both
             Captains
             and
             Souldiers
             ,
             as
             touching
             the
             Legislative
             power
             ,
             are
             not
             under
             the
             King
             in
             his
             Personall
             Capacity
             ,
             but
             under
             the
             Law
             of
             the
             Parliament
             .
          
           
             Lastly
             ,
             as
             the
             rule
             of
             War
             was
             under
             the
             Legislative
             power
             of
             the
             Parliament
             ,
             so
             was
             the
             rule
             of
             Peace
             ;
             for
             whiles
             Henry
             the
             Sixth
             was
             in
             France
             ,
             which
             was
             in
             his
             tenth
             yeare
             ,
             
             from
             Saint
             Georges
             day
             ,
             till
             February
             following
             :
             The
             Scots
             propound
             tearmes
             of
             Peace
             to
             the
             Duke
             of
             Glocester
             ,
             
             he
             being
             then
             
               Custos
               Regni
            
             ,
             which
             he
             referred
             to
             the
             Order
             of
             the
             Parliament
             ,
             by
             whom
             it
             was
             determined
             ,
             and
             the
             Peace
             concluded
             in
             the
             absence
             of
             the
             King
             ,
             and
             was
             holden
             as
             good
             and
             effectuall
             by
             both
             Kingdomes
             ,
             as
             if
             the
             King
             had
             been
             personally
             present
             in
             his
             full
             capacity
             .
          
        
         
           
             CHAP.
             XXIII
             .
             A
             Survey
             of
             the
             Reignes
             of
             Edward
             the
             Fourth
             ,
             Edward
             the
             Fifth
             ,
             and
             Richard
             the
             Third
             .
          
           
             THe
             reign
             of
             Henry
             the
             Sixth
             ,
             was
             for
             the
             most
             part
             ,
             in
             the
             former
             parts
             of
             it
             ,
             like
             fire
             buried
             up
             in
             the
             ashes
             ;
             and
             in
             the
             later
             parts
             breaking
             out
             into
             a
             flame
             :
             In
             the
             heat
             wherof
             ,
             the
             Duke
             of
             York
             ,
             after
             Fealty
             given
             by
             him
             to
             Henry
             the
             Sixth
             ,
             and
             dispensation
             gotten
             from
             the
             Pope
             ,
             to
             break
             his
             Faith
             ,
             lost
             his
             life
             ;
             and
             left
             his
             Sonne
             the
             Mark-grave
             ,
             to
             pursue
             his
             Title
             to
             the
             Crown
             ,
             which
             he
             claimed
             by
             Inheritance
             ,
             but
             more
             especially
             by
             Act
             of
             Parliament
             made
             upon
             the
             agreement
             between
             Henry
             the
             Sixth
             ,
             and
             his
             Father
             .
             This
             was
             Edward
             the
             Fourth
             ,
             who
             neverthelesse
             reserved
             himself
             to
             the
             Election
             of
             the
             Lords
             ,
             and
             was
             by
             them
             received
             ,
             and
             commended
             to
             the
             Commons
             in
             the
             Feild
             ,
             by
             which
             meanes
             he
             gaining
             the
             Possession
             ,
             had
             also
             incouragement
             to
             maintain
             the
             same
             ,
             yet
             never
             held
             himself
             a
             King
             of
             full
             age
             ,
             so
             long
             as
             Henry
             the
             Sixth
             lived
             ,
             which
             was
             the
             one
             half
             of
             his
             reigne
             :
             Nor
             did
             he
             ,
             though
             he
             held
             many
             Parliaments
             ,
             scarce
             reach
             higher
             then
             at
             reforming
             of
             Trade
             ,
             which
             was
             a
             Theame
             well
             pleasing
             to
             the
             People
             ,
             next
             unto
             their
             Peace
             ,
             which
             also
             the
             King
             carefully
             regarded
             .
             For
             although
             he
             had
             been
             a
             Souldier
             of
             good
             experience
             ,
             
             and
             therewith
             successfull
             ,
             yet
             as
             one
             loath
             to
             trust
             too
             far
             ,
             either
             the
             constancy
             of
             the
             People
             of
             his
             own
             dominion
             ,
             or
             the
             fortune
             of
             War
             with
             his
             neighbouring
             Princes
             ,
             he
             did
             much
             by
             brave
             countenance
             and
             discourse
             :
             and
             yet
             gain'd
             repute
             to
             the
             English
             for
             valour
             ,
             after
             the
             dishonorable
             times
             of
             Henry
             the
             sixth
             .
             He
             had
             much
             to
             do
             with
             a
             wise
             King
             of
             France
             ,
             that
             knew
             how
             to
             lay
             out
             three
             or
             foure
             calme
             words
             at
             any
             time
             to
             save
             the
             adventure
             of
             his
             Peoples
             blood
             ,
             and
             make
             a
             shew
             of
             Mony
             to
             purchase
             the
             peaceable
             holding
             of
             that
             which
             was
             his
             ,
             only
             by
             force
             ,
             untill
             the
             winde
             proved
             more
             faire
             to
             bring
             all
             that
             continent
             under
             one
             head
             .
          
           
             In
             his
             Government
             at
             home
             he
             met
             with
             many
             crosse
             gales
             ,
             occasioned
             principally
             by
             his
             owne
             rashnesse
             ,
             and
             neglect
             of
             the
             Earl
             of
             Warwicks
             approved
             freindship
             ,
             which
             he
             had
             turned
             into
             professed
             enmity
             :
             And
             so
             weakned
             his
             own
             cause
             thereby
             ,
             
             that
             he
             was
             once
             under
             Water
             ,
             his
             Kingdome
             disposed
             of
             by
             a
             new
             intaile
             upon
             the
             Heires
             of
             Duke
             Clarence
             ,
             and
             so
             the
             Earle
             of
             Warwick
             remained
             constant
             to
             the
             House
             of
             York
             though
             this
             particular
             King
             was
             set
             aside
             .
             Nor
             did
             he
             in
             all
             this
             ,
             gaine
             any
             thing
             but
             a
             Wife
             ,
             who
             though
             his
             subject
             ,
             and
             none
             of
             the
             greatest
             family
             ,
             neither
             brought
             any
             interest
             unto
             her
             Lord
             and
             Husband
             amongst
             forraine
             Princes
             ,
             brought
             neverthelesse
             a
             Pearle
             ,
             which
             was
             beyond
             all
             ;
             which
             was
             the
             purchase
             of
             the
             Union
             between
             the
             two
             Houses
             of
             Yorke
             ,
             and
             Lancaster
             ,
             and
             a
             peaceable
             succession
             in
             the
             Throne
             for
             a
             long
             while
             to
             come
             .
             It
             must
             be
             granted
             ,
             that
             there
             fell
             therewith
             an
             unhappy
             inconvenience
             in
             the
             raising
             of
             a
             new
             Nobility
             of
             the
             Queenes
             kindred
             ,
             of
             whom
             the
             ancient
             stock
             of
             Nobility
             thought
             scorn
             ,
             and
             yet
             they
             were
             so
             considerable
             ,
             as
             to
             be
             envied
             .
             A
             wound
             hard
             to
             be
             cured
             ,
             and
             yet
             easily
             avoyded
             ,
             by
             such
             as
             know
             how
             to
             deny
             themselves
             .
             And
             therefore
             can
             be
             no
             prejudice
             unto
             that
             conclusion
             :
             That
             for
             an
             English
             King
             to
             marry
             his
             own
             Subject
             ,
             is
             more
             safe
             for
             the
             King
             ,
             and
             beneficiall
             for
             the
             Kingdome
             ,
             then
             to
             marry
             a
             Stranger
             .
          
           
             But
             Edward
             the
             fourth
             did
             not
             long
             lye
             underneath
             ;
             upon
             the
             next
             faire
             Gale
             he
             comes
             from
             beyond
             the
             Sea
             ,
             and
             
             (
             like
             his
             first
             predecessor
             of
             the
             House
             of
             Lancaster
             )
             claimes
             only
             his
             Dutchy
             ,
             which
             no
             man
             could
             in
             reason
             deny
             to
             be
             his
             right
             ,
             and
             therfore
             were
             the
             sooner
             ingaged
             with
             him
             in
             that
             accoust
             .
             This
             was
             an
             Act
             that
             in
             the
             first
             undertaking
             seemed
             modest
             ,
             but
             when
             it
             was
             done
             ,
             appeared
             too
             bold
             to
             adventure
             it
             upon
             the
             Censure
             of
             Henry
             the
             sixth
             ;
             and
             therefore
             they
             were
             not
             more
             ready
             to
             ingage
             then
             slack
             to
             disingage
             ,
             till
             they
             were
             secure
             in
             the
             Kings
             interest
             ,
             which
             not
             long
             after
             ensued
             ,
             by
             the
             death
             of
             Henry
             the
             sixth
             .
             Thus
             Edward
             the
             fourth
             recovered
             the
             Crowne
             to
             save
             his
             Dutchy
             .
             His
             Government
             was
             not
             sutable
             ;
             for
             he
             came
             in
             by
             the
             People
             ,
             but
             indeavored
             to
             uphold
             himself
             by
             forrain
             dependences
             ;
             as
             if
             he
             desired
             to
             spread
             his
             roots
             ,
             rather
             wide
             then
             deep
             ,
             how
             ill
             this
             choise
             was
             ,
             the
             event
             shewed
             ;
             for
             plants
             that
             root
             wide
             may
             be
             strong
             enough
             against
             an
             outward
             storme
             ,
             but
             they
             soon
             grow
             old
             ,
             barren
             ,
             and
             ro●t
             irrecoverably
             from
             beneath
             :
             Such
             was
             the
             end
             of
             this
             mans
             Government
             ,
             himselfe
             lived
             and
             died
             a
             King
             ,
             and
             left
             Issue
             ,
             both
             male
             and
             female
             ,
             the
             one
             tasted
             the
             Government
             ,
             the
             other
             kissed
             it
             ,
             but
             neither
             of
             them
             ever
             enjoyed
             further
             then
             a
             bare
             title
             .
             Nor
             was
             the
             Government
             of
             Edward
             the
             fourth
             so
             secured
             by
             these
             ingagements
             of
             Forrainers
             ,
             for
             as
             he
             sought
             to
             delude
             so
             he
             was
             deluded
             ,
             
             both
             by
             Burgundy
             and
             Scotland
             ,
             to
             the
             prejudice
             of
             all
             three
             .
             Towards
             his
             owne
             People
             ,
             his
             carriage
             was
             not
             so
             much
             by
             Law
             as
             by
             Leave
             ;
             for
             he
             could
             fetch
             a
             course
             out
             of
             the
             old
             way
             of
             rule
             ,
             satisfie
             himselfe
             ,
             dissatisfie
             others
             ,
             and
             yet
             never
             was
             called
             to
             account
             :
             What
             was
             done
             by
             intreaty
             no
             man
             could
             blame
             ,
             and
             where
             entreaties
             are
             countenanced
             by
             Power
             ,
             no
             man
             durst
             contradict
             .
             Thanks
             to
             his
             Fate
             that
             had
             brought
             him
             upon
             a
             People
             tyred
             by
             Warrs
             ,
             scared
             by
             his
             successe
             ,
             and
             loath
             to
             adventure
             much
             for
             the
             House
             of
             Lancaster
             ,
             in
             which
             no
             courage
             was
             left
             to
             adventure
             for
             it selfe
             .
             The
             greatest
             errour
             of
             his
             way
             was
             in
             the
             matter
             of
             Revenue
             ;
             the
             former
             times
             had
             been
             unhappy
             in
             respect
             of
             good
             husbandry
             ;
             
             and
             Edward
             the
             fourth
             was
             no
             man
             to
             gather
             heaps
             :
             His
             occasions
             conduced
             rather
             to
             diffuse
             ,
             and
             
             his
             minde
             generally
             led
             the
             way
             thereto
             ,
             so
             as
             its
             the
             lesse
             wonder
             if
             he
             called
             more
             for
             accommodations
             then
             the
             Ordinary
             Treasury
             of
             the
             Crowne
             could
             supply
             :
             Hereto
             therefore
             he
             used
             expedients
             ,
             which
             in
             his
             former
             times
             ,
             were
             more
             moderate
             ;
             for
             whiles
             Henry
             the
             sixth
             lived
             ,
             he
             did
             but
             borrow
             ,
             
             by
             privy
             Seale
             ,
             and
             take
             tonnage
             and
             poundage
             by
             way
             of
             hire
             :
             Afterwards
             when
             no
             Starr
             appeared
             (
             but
             what
             was
             inlightned
             from
             his
             own
             Sun
             )
             he
             was
             more
             plaine
             ,
             and
             tried
             a
             new
             trick
             ,
             called
             Benevolence
             :
             unwelcome
             it
             was
             ,
             not
             onely
             in
             regard
             of
             its
             owne
             nature
             ,
             but
             much
             more
             in
             the
             end
             ,
             
             for
             it
             was
             to
             serve
             the
             Duke
             of
             Burgundy
             in
             raising
             a
             Warr
             against
             France
             in
             the
             first
             view
             ,
             but
             in
             the
             conclusion
             to
             serve
             his
             own
             purse
             ,
             both
             from
             freinds
             and
             foes
             :
             And
             yet
             this
             also
             passed
             without
             much
             controll
             ,
             for
             when
             displeasure
             was
             like
             to
             ensue
             ,
             he
             could
             speak
             faire
             ,
             and
             feast
             ,
             and
             if
             need
             was
             ,
             kisse
             away
             all
             discontent
             .
             Towards
             his
             end
             ,
             as
             stale
             drinke
             ,
             he
             grew
             sowre
             :
             For
             as
             in
             the
             first
             part
             of
             his
             reigne
             he
             had
             beene
             supplyed
             by
             good
             will
             against
             Law
             ;
             so
             in
             his
             later
             times
             ,
             he
             had
             gotten
             a
             trick
             of
             supply
             by
             Law
             against
             good
             will
             :
             This
             was
             by
             penall
             Laws
             ,
             which
             are
             a
             remedy
             if
             they
             be
             used
             ,
             
               Ad
               terrorem
            
             ,
             but
             if
             strained
             beyond
             that
             ,
             the
             remedy
             proveth
             worse
             then
             the
             disease
             ;
             in
             their
             first
             institution
             they
             are
             formes
             of
             courtesie
             from
             the
             People
             to
             the
             King
             ,
             but
             in
             the
             rigorous
             execution
             of
             them
             ,
             are
             trialls
             of
             mastery
             of
             the
             King
             over
             the
             People
             ,
             and
             are
             usually
             laid
             up
             against
             dayes
             of
             reckoning
             between
             the
             Prince
             and
             them
             .
          
           
             Those
             penall
             Laws
             are
             best
             contrived
             ,
             that
             with
             the
             greatest
             terrour
             to
             the
             Delinquent
             bring
             the
             least
             profit
             to
             the
             Kings
             Coffers
             .
             Once
             for
             all
             ,
             this
             Kings
             Acts
             were
             many
             ,
             his
             enterprises
             more
             ,
             but
             seldome
             attaining
             that
             end
             which
             they
             faced
             .
             He
             was
             a
             man
             of
             Warr
             ,
             and
             did
             more
             by
             his
             Fame
             then
             his
             Sword
             ,
             was
             no
             sooner
             resolved
             in
             good
             earnest
             but
             he
             died
             ,
             left
             a
             Kingdome
             unassured
             ,
             his
             Children
             young
             ,
             and
             many
             freinds
             in
             shew
             ,
             but
             in
             truth
             very
             few
             .
          
           
             
             Now
             if
             ever
             was
             the
             Kingdome
             in
             a
             trance
             ,
             Edward
             the
             fourth
             left
             a
             Son
             ,
             the
             
               Prima
               materia
            
             ,
             of
             a
             King
             ,
             and
             who
             
             lived
             long
             enough
             to
             be
             inrolled
             amongst
             English
             Kings
             ,
             yet
             served
             the
             place
             no
             further
             ,
             then
             to
             be
             an
             occasion
             to
             fill
             up
             the
             measure
             of
             the
             wickednesse
             of
             the
             Duke
             of
             Glocester
             ,
             and
             a
             monument
             of
             Gods
             displeasure
             against
             the
             House
             of
             Edward
             the
             fourth
             ;
             whether
             for
             that
             breach
             of
             oath
             ,
             or
             treachery
             against
             Henry
             the
             sixth
             ,
             or
             for
             what
             other
             cause
             ,
             I
             cannot
             tell
             .
             But
             at
             the
             best
             this
             Prince
             was
             in
             relation
             to
             his
             Unkle
             the
             Duke
             of
             Glocester
             ,
             little
             other
             then
             as
             an
             Overseer
             to
             an
             Executor
             ,
             that
             might
             see
             and
             complaine
             ,
             but
             cannot
             amend
             :
             For
             the
             Duke
             ruled
             ,
             over-ruled
             ,
             and
             mis-ruled
             all
             under
             the
             name
             of
             Edward
             the
             fifth
             ,
             and
             left
             no
             monument
             of
             good
             Government
             upon
             record
             ,
             till
             he
             changed
             both
             the
             Name
             and
             Person
             of
             Edward
             the
             fifth
             to
             Richard
             the
             third
             ;
             his
             Fame
             had
             lifted
             him
             up
             ,
             and
             might
             have
             supported
             him
             had
             he
             regarded
             it
             .
             But
             as
             no
             man
             had
             more
             honor
             before
             he
             ascended
             the
             Throne
             ,
             
             so
             no
             man
             ever
             entred
             and
             sate
             theron
             with
             lesse
             ;
             his
             proceeds
             were
             from
             a
             Protector
             to
             an
             Usurper
             ,
             and
             thence
             to
             a
             Tyrant
             a
             scourg
             to
             the
             whol
             Nation
             ,
             especially
             the
             Nobility
             ;
             and
             lastly
             an
             instrument
             of
             Gods
             revenge
             upon
             himself
             ,
             a
             man
             made
             up
             of
             Clay
             and
             Blood
             ,
             living
             not
             loved
             ,
             and
             dying
             unlamented
             .
             The
             manner
             of
             his
             Government
             was
             strained
             ,
             having
             once
             won
             the
             saddle
             ,
             he
             is
             loath
             to
             be
             cast
             ;
             knowing
             himself
             guilty
             all
             over
             ,
             and
             that
             nothing
             could
             absolve
             his
             Fame
             but
             a
             Parliament
             ,
             he
             calls
             it
             ,
             Courts
             it
             ,
             and
             where
             his
             wit
             could
             not
             reach
             to
             Apologize
             ,
             hee
             makes
             whole
             by
             recompence
             ,
             takes
             a
             way
             benevolences
             ;
             
             he
             is
             ready
             to
             let
             them
             have
             their
             present
             desires
             ,
             what
             can
             they
             have
             more
             :
             He
             promiseth
             good
             behaviour
             for
             the
             future
             ,
             which
             he
             might
             the
             better
             do
             ,
             because
             he
             had
             already
             attained
             his
             ends
             :
             Thus
             in
             one
             Parliament
             (
             for
             he
             could
             hold
             no
             more
             )
             he
             gave
             such
             content
             ,
             as
             even
             to
             wonderment
             ,
             he
             could
             as
             soone
             finde
             an
             army
             in
             the
             feild
             to
             fight
             for
             him
             ,
             as
             the
             most
             meritorious
             of
             his
             Predecessors
             .
             His
             ill
             title
             made
             him
             very
             jealous
             ,
             and
             thereby
             tought
             his
             best
             freinds
             ,
             to
             keep
             at
             a
             distance
             ,
             after
             which
             time
             few
             escaped
             that
             came
             within
             his
             reach
             ,
             and
             so
             he
             served
             Gods
             judgement
             against
             his
             adjutants
             ,
             though
             he
             understeod
             it
             not
             .
             Amongst
             the
             
             rest
             ,
             the
             Duke
             of
             Buckingham
             (
             his
             great
             Associate
             ,
             both
             in
             the
             Butchery
             of
             the
             two
             young
             Princes
             ,
             and
             usurpation
             of
             the
             Royall
             Scepter
             ;
             )
             he
             lived
             till
             he
             had
             laid
             the
             Foundation
             of
             better
             times
             in
             the
             Person
             of
             Henry
             the
             seventh
             ,
             and
             then
             received
             his
             reward
             :
             But
             an
             ill
             Conscience
             must
             be
             continually
             fed
             ,
             or
             it
             will
             eat
             up
             its
             owne
             wombe
             .
          
           
             The
             Kings
             minde
             delivered
             from
             feare
             of
             the
             Sonnes
             of
             Edward
             the
             Fourth
             ,
             now
             dead
             ,
             torments
             himselfe
             with
             thoughts
             of
             his
             Daughter
             alive
             ;
             ashamed
             he
             is
             of
             Butchery
             of
             a
             Girle
             ,
             
             he
             chooseth
             a
             conceit
             of
             Basterdizing
             the
             Children
             of
             
               Elizabeth
               Graye
            
             ,
             that
             calleth
             her self
             Queen
             of
             England
             ;
             but
             this
             proved
             too
             hard
             to
             concoct
             ;
             soon
             after
             that
             ,
             he
             goes
             a
             contrary
             way
             :
             The
             Lady
             
               Elizabeth
               Graye
            
             is
             now
             undoubted
             Wife
             of
             Edward
             the
             Fourth
             ,
             and
             her
             eldest
             Daughter
             ,
             as
             undoubted
             Heire
             to
             the
             Crown
             .
             And
             so
             the
             King
             will
             now
             be
             contented
             to
             adventure
             himself
             into
             an
             incestuous
             Marriage
             with
             her
             ,
             if
             his
             own
             Queen
             were
             not
             in
             the
             way
             ,
             onely
             to
             secure
             the
             Peace
             of
             the
             Kingdome
             ;
             which
             ,
             he
             good
             King
             ,
             was
             bound
             in
             Conscience
             to
             maintain
             ,
             though
             with
             the
             perill
             of
             his
             owne
             Soule
             ;
             and
             in
             this
             zeale
             of
             his
             Conscience
             ,
             his
             Queen
             soon
             went
             out
             of
             the
             way
             ,
             and
             so
             Love
             is
             made
             to
             the
             young
             Lady
             .
             But
             Henry
             Earle
             of
             Richmond
             was
             there
             before
             ,
             and
             the
             Lady
             warily
             declined
             the
             choice
             ,
             till
             the
             golden
             Apple
             was
             won
             ,
             which
             was
             not
             long
             after
             accomplished
             ;
             the
             King
             loosing
             both
             the
             Lady
             ,
             his
             Crowne
             ,
             and
             owne
             life
             together
             ,
             put
             an
             end
             to
             much
             wickednesse
             ,
             and
             had
             the
             end
             thereof
             in
             Bosworth-Feild
             .
          
        
         
           
           
             CHAP.
             XXIV
             .
             Of
             the
             Government
             in
             relation
             to
             the
             Parliament
             .
          
           
             THe
             seasons
             now
             in
             Tract
             were
             of
             short
             continuance
             ,
             lives
             passed
             away
             more
             speedily
             then
             years
             ;
             and
             it
             may
             seem
             uselesse
             to
             inquire
             what
             is
             the
             nature
             of
             the
             Government
             in
             such
             a
             time
             ,
             when
             as
             the
             greatest
             work
             was
             to
             maintain
             life
             and
             soul
             together
             ;
             and
             when
             all
             is
             done
             ,
             little
             else
             is
             done
             .
             For
             though
             the
             Title
             of
             the
             House
             of
             Yorke
             was
             never
             so
             clear
             against
             that
             of
             Lancaster
             ;
             yet
             it
             had
             been
             so
             long
             darkned
             with
             a
             continuall
             Succession
             of
             Kings
             of
             the
             Red-Rose
             ,
             that
             either
             by
             their
             merit
             had
             gained
             a
             Throne
             in
             the
             Peoples
             hearts
             ,
             or
             by
             their
             facility
             had
             yeilded
             their
             Throne
             up
             to
             the
             Peoples
             will
             ;
             as
             it
             proved
             not
             easie
             to
             Convince
             them
             that
             liked
             well
             their
             present
             Lot
             ,
             and
             were
             doubtfull
             of
             change
             ,
             or
             to
             make
             them
             tender
             of
             the
             right
             of
             Edward
             the
             Fourth
             above
             their
             own
             quiet
             .
             Above
             threescore
             years
             now
             had
             England
             made
             triall
             of
             the
             Government
             of
             the
             Lancastrian
             Princes
             ,
             and
             thereof
             about
             thirty
             years
             experience
             had
             they
             of
             Henry
             the
             Sixth
             ;
             they
             saw
             he
             was
             a
             gentle
             Prince
             .
             On
             the
             other
             side
             ,
             Edward
             the
             Fourth
             ,
             newly
             sprung
             up
             out
             of
             a
             Root
             ,
             watered
             with
             blood
             ;
             himself
             also
             a
             Man
             for
             the
             Feild
             .
          
           
             This
             might
             well
             put
             the
             minds
             of
             the
             People
             to
             a
             stand
             ,
             what
             to
             think
             of
             this
             Man
             ,
             whose
             nature
             and
             ends
             are
             so
             doubtfull
             ,
             and
             brought
             nothing
             to
             commend
             him
             to
             the
             good
             wills
             of
             the
             People
             ,
             but
             his
             bare
             Title
             ;
             which
             the
             common
             sort
             usually
             judge
             of
             ,
             according
             as
             they
             see
             it
             prosper
             ,
             more
             or
             lesse
             .
             Add
             hereunto
             that
             Divine
             Providence
             did
             not
             so
             clearly
             ,
             nor
             suddenly
             ,
             determine
             his
             secret
             purpose
             concerning
             this
             change
             ,
             by
             any
             constant
             successe
             to
             either
             part
             ,
             by
             means
             whereof
             the
             one
             half
             of
             Edward
             the
             Fourths
             reign
             was
             spent
             ,
             while
             as
             yet
             Henry
             the
             Sixth
             was
             in
             veiw
             ,
             and
             the
             
             minds
             of
             men
             left
             unassured
             ,
             neither
             trusting
             much
             to
             Edward
             the
             Fourth
             ,
             nor
             he
             to
             them
             :
             and
             after
             that
             Henry
             the
             Sixth
             was
             gone
             out
             of
             the
             way
             ,
             Edward
             the
             Fourth
             ,
             could
             not
             readily
             change
             his
             posture
             ,
             used
             Arguments
             of
             force
             and
             power
             ,
             and
             for
             the
             most
             part
             ,
             looked
             like
             a
             Man
             in
             Armes
             ,
             with
             his
             hand
             on
             his
             sword
             ,
             ready
             to
             draw
             upon
             the
             next
             man
             that
             stands
             in
             his
             way
             .
          
           
             
             Thus
             are
             the
             People
             partly
             driven
             ,
             and
             partly
             drawn
             ,
             into
             an
             Oath
             of
             Allegiance
             unto
             Edward
             the
             Fourth
             ,
             under
             perill
             of
             Attainder
             ;
             and
             the
             Parliament
             assured
             unto
             him
             once
             more
             :
             For
             immediately
             upon
             the
             departure
             of
             Edward
             the
             Fourth
             beyond
             Sea
             ,
             after
             tenne
             yeares
             of
             his
             Reign
             ,
             the
             Parliament
             (
             never
             staying
             for
             the
             issue
             of
             Providence
             )
             declared
             the
             Throne
             void
             of
             Edward
             the
             Fourth
             ,
             and
             Henry
             the
             Sixth
             King.
             The
             Judges
             likewise
             of
             the
             Courts
             at
             Westminster
             determined
             the
             same
             thing
             ,
             as
             may
             appear
             by
             the
             Law
             Reports
             of
             those
             times
             in
             Print
             :
             wherein
             Re-attachments
             were
             often
             granted
             by
             them
             upon
             discontinuance
             of
             processe
             by
             this
             Demise
             of
             Edward
             the
             Fourth
             .
             And
             thus
             Henry
             the
             Sixth
             is
             once
             more
             King
             for
             six
             moneths
             ,
             Viz.
             from
             October
             to
             Aprill
             ,
             at
             which
             time
             the
             ballance
             turns
             ,
             Edward
             the
             Fourth
             returns
             ,
             gets
             into
             the
             Throne
             ;
             Henry
             the
             Sixth
             is
             again
             Dethroned
             ,
             all
             things
             are
             as
             they
             were
             ,
             and
             all
             confirmed
             by
             Act
             of
             Parliament
             .
             For
             that
             Body
             is
             ever
             wise
             enough
             to
             side
             with
             power
             ,
             rather
             then
             to
             spend
             much
             time
             upon
             fruitless
             Orders
             and
             Votes
             ,
             that
             will
             peirce
             no
             Armour
             ;
             and
             therefore
             like
             the
             times
             ,
             must
             needs
             be
             subject
             to
             fits
             of
             distemper
             at
             the
             comming
             in
             of
             every
             Tide
             ,
             and
             did
             build
             ,
             and
             pull
             down
             ,
             Enact
             and
             disenact
             ,
             turn
             and
             return
             ,
             the
             English
             Crown
             ,
             from
             Yorke
             to
             Lancaster
             ,
             and
             back
             again
             ,
             and
             in
             conclusion
             ,
             for
             some
             time
             did
             do
             little
             but
             undo
             .
             Nor
             can
             they
             be
             justly
             censured
             herein
             ;
             for
             Councells
             of
             men
             are
             not
             ordained
             to
             hinder
             Divine
             Providence
             ,
             or
             over-rule
             Fate
             ,
             but
             to
             foresee
             ,
             and
             close
             with
             occasions
             ,
             in
             the
             most
             advantageous
             way
             for
             the
             Publique
             good
             ,
             and
             when
             both
             winds
             and
             Currents
             are
             uncertain
             ,
             to
             ride
             at
             flote
             ,
             till
             they
             can
             discern
             the
             most
             commodious
             Haven
             to
             Winter
             in
             .
             To
             impute
             
             therefore
             fault
             unto
             the
             Parliament
             in
             such
             Cases
             for
             want
             of
             Uniformity
             ,
             and
             Immutability
             of
             Councells
             ,
             is
             somewhat
             like
             the
             Notion
             that
             Batchelours
             conceit
             of
             Wives
             ,
             they
             would
             have
             ,
             but
             they
             do
             not
             know
             what
             other
             ,
             then
             
               an
               Idea
               of
               their
               own
               Fancy
            
          
           
             Now
             if
             it
             be
             inquired
             which
             course
             prevailed
             ,
             in
             order
             either
             to
             the
             Kings
             Royalty
             ,
             or
             the
             Peoples
             Liberty
             ,
             I
             shall
             answer
             neither
             of
             these
             ;
             but
             the
             House
             of
             Yorke
             prevailed
             to
             hold
             the
             Crown
             ,
             and
             might
             have
             advanced
             the
             Authority
             thereof
             ,
             had
             they
             not
             falne
             out
             amongst
             themselves
             for
             the
             spoyle
             ;
             and
             Edward
             the
             Fourth
             was
             not
             altogether
             disposed
             thereto
             :
             The
             successe
             that
             he
             had
             in
             the
             Feild
             ,
             and
             his
             Souldiery
             ,
             made
             him
             look
             big
             like
             a
             King
             of
             the
             greater
             size
             ;
             but
             Kings
             sleep
             not
             securely
             upon
             such
             pillowes
             ;
             when
             the
             Militia
             is
             on
             hors-back
             ,
             it
             is
             as
             ready
             to
             be
             a
             Guard
             upon
             the
             King
             ,
             as
             for
             him
             ,
             and
             when
             it
             is
             most
             sober
             ,
             not
             so
             easily
             governed
             as
             a
             Common-wealth
             .
             And
             therefore
             Edward
             the
             Fourth
             ,
             now
             in
             Armes
             ,
             though
             he
             found
             it
             a
             hard
             Notion
             to
             maintain
             the
             Peoples
             Liberty
             ,
             where
             no
             man
             is
             free
             from
             the
             Souldier
             ,
             yet
             he
             inclined
             thereto
             :
             we
             reade
             of
             multitude
             of
             Taxations
             of
             all
             sorts
             ,
             and
             of
             benevolences
             ,
             the
             worst
             of
             all
             those
             sorts
             :
             for
             Souldiers
             must
             have
             money
             ,
             or
             if
             not
             ,
             they
             will
             have
             it
             ,
             but
             the
             King
             would
             not
             force
             things
             so
             far
             as
             his
             power
             could
             reach
             ,
             he
             will
             have
             money
             ,
             but
             it
             shall
             be
             by
             Order
             of
             the
             Parliament
             .
             He
             might
             have
             pretended
             much
             upon
             the
             Commission
             of
             Array
             ,
             
             yet
             did
             it
             not
             ,
             but
             chose
             rather
             to
             be
             Lord
             of
             the
             Seas
             :
             and
             because
             it
             was
             too
             great
             a
             Farm
             for
             his
             private
             purse
             ,
             he
             prayes
             aid
             of
             the
             Parliament
             by
             the
             way
             of
             Tonnage
             ,
             and
             Poundage
             ,
             
             which
             was
             in
             demand
             nine
             yeares
             ,
             before
             the
             Parliament
             granted
             it
             ;
             and
             when
             it
             was
             granted
             ,
             it
             was
             with
             such
             restrictions
             ,
             that
             it
             is
             evident
             the
             King
             preferred
             the
             right
             of
             the
             Parliament
             therein
             ,
             above
             his
             private
             Honour
             .
          
           
             Secondly
             ,
             Titles
             of
             Honour
             are
             but
             windy
             Notions
             ,
             and
             every
             one
             knowes
             what
             claim
             is
             made
             by
             Kings
             ,
             to
             have
             the
             sole
             interest
             in
             conferring
             the
             same
             ;
             
             this
             Edward
             the
             Fourth
             neglected
             so
             far
             ,
             as
             he
             interested
             the
             Parliament
             ,
             both
             in
             the
             
             in
             the
             conferring
             of
             them
             ,
             and
             resuming
             of
             the
             same
             .
          
           
             Thirdly
             ,
             the
             course
             of
             Trade
             was
             now
             more
             especially
             looked
             to
             ,
             not
             by
             the
             King
             and
             Privy
             Councell
             ,
             but
             by
             the
             Parliament
             ;
             and
             because
             it
             was
             much
             decayed
             ,
             partly
             by
             reason
             of
             the
             ill
             Government
             thereof
             ,
             and
             partly
             by
             the
             excessive
             lavishnesse
             of
             these
             times
             ,
             many
             Lawes
             are
             made
             for
             remedy
             of
             both
             .
             And
             first
             ,
             the
             Staple
             was
             settled
             sometimes
             at
             Callis
             alone
             ,
             
             sometimes
             at
             it
             ,
             and
             Middleburrough
             ,
             and
             by
             this
             means
             England
             gained
             Trade
             from
             both
             Nations
             ;
             but
             the
             principall
             thanks
             is
             to
             be
             given
             to
             the
             interest
             between
             the
             King
             and
             the
             House
             of
             Burgundy
             .
             Then
             course
             is
             taken
             for
             the
             bringing
             of
             the
             Staple
             Commodities
             onely
             to
             those
             places
             ,
             
             and
             the
             return
             to
             be
             made
             in
             money
             ,
             and
             not
             commodity
             by
             exchange
             .
             Then
             for
             the
             well
             making
             of
             Staple
             Manufactures
             ,
             
             and
             restraining
             Importation
             of
             Forrain
             Manufactures
             of
             such
             kinds
             .
             Then
             against
             transporting
             of
             English
             Coyn
             ,
             and
             Importing
             of
             Forrain
             Coyn
             ,
             other
             then
             Bullion
             .
          
           
             And
             as
             touching
             the
             second
             greivance
             ,
             it
             seems
             gallantry
             ,
             or
             vanity
             of
             Apparrel
             was
             a
             sore
             disease
             of
             these
             times
             ,
             which
             were
             become
             times
             of
             Fashions
             ,
             and
             wherein
             the
             King
             led
             the
             way
             by
             his
             own
             example
             ;
             for
             he
             desired
             to
             be
             brave
             ,
             and
             that
             he
             might
             be
             more
             brave
             ,
             he
             passed
             Lawes
             that
             the
             People
             should
             be
             lesse
             brave
             ,
             assessing
             a
             sort
             of
             Apparrell
             for
             every
             degree
             ,
             
             and
             therein
             stooped
             so
             low
             ,
             as
             to
             define
             the
             fashions
             of
             their
             very
             shooes
             .
          
           
             Fourthly
             ,
             the
             Parliament
             retained
             their
             ancient
             right
             of
             reducing
             the
             course
             of
             Judicature
             ;
             for
             whereas
             Sheriffs
             had
             hitherto
             holden
             their
             course
             of
             triall
             of
             the
             meaner
             sort
             of
             Fellonies
             ,
             and
             Trespasses
             ,
             and
             Offences
             ,
             determinable
             onely
             by
             Imprisonment
             ,
             or
             Fines
             and
             Amerciaments
             ;
             whereby
             mens
             Estates
             did
             lie
             under
             the
             continuall
             pillage
             of
             these
             covetous
             and
             extorting
             Officers
             :
             It
             was
             established
             by
             the
             Parliament
             ,
             that
             these
             men
             should
             have
             for
             the
             future
             ,
             onely
             power
             of
             inquiry
             ,
             
             and
             to
             certifie
             at
             the
             next
             Sessions
             ,
             and
             there
             the
             Triall
             to
             be
             ,
             and
             Fines
             and
             Amerciaments
             to
             be
             set
             ,
             taxed
             ;
             and
             estreated
             ,
             unto
             the
             Exchequor
             ,
             and
             from
             thence
             
             to
             be
             levied
             ,
             and
             thereof
             the
             Sheriff
             to
             give
             account
             ;
             this
             was
             a
             great
             security
             to
             the
             Peoples
             estates
             ,
             but
             gave
             them
             not
             a
             full
             remedy
             :
             for
             though
             the
             Triall
             was
             now
             more
             fair
             ,
             yet
             these
             Officers
             were
             Judges
             of
             suspition
             ,
             and
             had
             still
             power
             upon
             suspition
             to
             imprison
             their
             persons
             ,
             and
             seize
             their
             Estates
             ,
             under
             colour
             to
             save
             them
             for
             the
             King
             ,
             in
             case
             Conviction
             followed
             .
          
           
             For
             remedy
             hereof
             ,
             
             the
             Justices
             of
             the
             Peace
             have
             now
             power
             given
             them
             to
             Bail
             ,
             in
             Cases
             of
             light
             Suspition
             ,
             and
             it
             is
             further
             declared
             ,
             that
             no
             mans
             Estate
             shall
             be
             first
             seized
             ,
             till
             Conviction
             and
             Attainder
             first
             be
             had
             .
             And
             because
             Estheators
             grew
             no
             lesse
             burdensome
             in
             their
             way
             ;
             it
             was
             therefore
             Ordered
             ,
             that
             no
             man
             shall
             be
             allowed
             in
             such
             Office
             ,
             unlesse
             he
             hath
             Lands
             to
             the
             vallue
             of
             twenty
             pounds
             
               per
               annum
            
             ,
             
             and
             that
             he
             shall
             be
             responsable
             for
             such
             wrong
             done
             by
             himself
             ,
             or
             by
             his
             Deputy
             and
             Farmer
             .
          
           
             Thus
             Edward
             the
             Fourth
             quitted
             himself
             like
             a
             King
             in
             many
             regards
             ,
             but
             soon
             ran
             himself
             out
             of
             breath
             ,
             gave
             his
             Lamp
             to
             his
             Sonne
             ,
             that
             was
             too
             weake
             to
             hold
             it
             ;
             a
             Third
             snatches
             it
             away
             ,
             and
             for
             two
             yeares
             carrying
             it
             exceeding
             well
             ,
             yeilded
             up
             all
             incroached
             Royalty
             to
             the
             People
             ,
             
             and
             his
             Crown
             and
             Life
             to
             his
             Successor
             .
          
        
         
           
             CHAP.
             XXV
             .
             The
             Condition
             of
             the
             Clergy
             .
          
           
             IF
             any
             gains
             were
             had
             in
             these
             uncertain
             times
             ,
             the
             Church-men
             might
             seem
             to
             have
             them
             ,
             having
             now
             this
             advantage
             ,
             that
             the
             Commonalty
             was
             distracted
             with
             uncertain
             Interests
             of
             the
             Succession
             of
             the
             Crown
             :
             And
             themselves
             onely
             united
             under
             the
             Popedome
             ,
             now
             freed
             from
             all
             Schisme
             :
             and
             the
             Popedome
             mannaged
             by
             Sixtus
             the
             Fourth
             ,
             who
             had
             the
             hap
             to
             be
             accounted
             more
             vertuous
             ,
             
             then
             any
             of
             his
             Predecessors
             had
             been
             ,
             
             and
             to
             have
             all
             the
             Christian
             Princes
             wholly
             at
             his
             Devotion
             ,
          
           
             And
             lastly
             ,
             both
             the
             Clergy
             ,
             and
             the
             Kings
             were
             now
             joyntly
             ingaged
             against
             the
             rising
             power
             of
             Religion
             ,
             then
             called
             Heresie
             ,
             in
             order
             whereunto
             ,
             the
             Clergy
             leading
             the
             way
             ,
             had
             the
             applause
             of
             them
             that
             followed
             upon
             an
             implicite
             Faith
             ,
             that
             whatsoever
             was
             done
             ,
             was
             exceeding
             well
             done
             .
          
           
             Nor
             was
             it
             wisdome
             for
             Kings
             that
             sate
             loose
             in
             their
             Thrones
             ,
             to
             stumble
             the
             good
             Opinions
             of
             so
             considerable
             party
             towards
             them
             .
             And
             therefore
             Edward
             the
             Fourth
             ,
             in
             his
             first
             entrance
             ,
             granted
             to
             the
             Clergy
             ,
             that
             which
             could
             never
             be
             by
             them
             obtained
             from
             any
             of
             the
             foregoing
             Kings
             ,
             Viz.
             
             
               Free
               liberty
               of
               Process
               in
               all
               Cases
               Ecclesiasticall
               ,
               and
               in
               Tythes
               of
               Wood
               above
               twenty
               yeares
               growth
               ;
               and
               in
               Case
               they
               were
               troubled
               upon
               the
               Statutes
               of
               Provisors
               ,
               they
               should
               have
               their
               remedy
               in
               the
               Chancery
               ,
               against
               those
               Judges
               ,
               and
               their
               proceedings
               in
               such
               Cases
               to
               be
               there
               Cancelled
               .
            
             This
             was
             done
             by
             Charter
             ,
             and
             was
             sufficient
             to
             shew
             what
             the
             desire
             of
             the
             Clergy
             ,
             
             and
             the
             intention
             of
             the
             King
             was
             ,
             
               Viz.
               At
               once
               to
               favour
               the
               Church
               ,
               and
               under
               colour
               of
               favour
               done
               to
               the
               Clergy
               ●o
               cancell
               both
               Common
               and
               Statute
               Lawes
               of
               the
               Kingdome
               ,
               by
               the
               power
               of
               the
               Chancellors
               Decree
               ;
               neverthelesse
               ,
               all
               this
               was
               but
               the
               Kings
               breath
               ,
               the
               policie
               changed
               never
               a
               whit
               the
               more
               .
            
             For
             the
             Common
             Law
             held
             on
             its
             course
             ,
             not
             onely
             in
             Cases
             depending
             before
             the
             holy
             Chair
             ,
             but
             also
             even
             before
             the
             Bishop
             of
             the
             Diocess
             at
             home
             ;
             so
             as
             neither
             the
             King
             was
             concluded
             from
             his
             Suit
             ,
             
             nor
             the
             party
             endammaged
             from
             his
             Action
             by
             any
             such
             Charter
             .
             And
             so
             far
             was
             the
             Judges
             of
             the
             Common
             Law
             from
             being
             bound
             by
             the
             Chancery
             in
             such
             Cases
             ,
             that
             they
             professed
             they
             would
             not
             delay
             to
             grant
             the
             
               Habeas
               Corpus
            
             ,
             to
             deliver
             any
             Prisoner
             by
             Decree
             of
             the
             Chancellor
             ,
             
             in
             any
             Case
             triable
             at
             the
             Common
             Law
             :
             Much
             lesse
             did
             the
             Parliament
             favour
             these
             men
             so
             far
             ,
             as
             to
             give
             them
             any
             countenance
             in
             any
             way
             of
             gain
             upon
             themselves
             ,
             but
             rather
             made
             bold
             with
             what
             the
             Church-men
             in
             
             former
             times
             challenged
             as
             their
             own
             ,
             and
             upon
             this
             Account
             ,
             whereas
             formerly
             it
             had
             inhibited
             Fairs
             and
             Markets
             upon
             the
             Lords
             Day
             :
             Now
             it
             inhibited
             the
             sale
             of
             Boots
             ,
             Shooes
             ,
             &c.
             upon
             that
             day
             ,
             though
             done
             never
             so
             privately
             ,
             which
             they
             did
             at
             the
             first
             ,
             onely
             within
             the
             City
             of
             London
             ,
             and
             three
             miles
             thereof
             .
             I
             suppose
             it
             was
             made
             onely
             by
             way
             of
             Triall
             ,
             it
             being
             dangerous
             in
             such
             times
             to
             give
             a
             stop
             to
             all
             England
             at
             once
             ,
             otherwise
             it
             might
             be
             wondered
             ,
             why
             Gods
             Honour
             should
             be
             better
             regarded
             in
             London
             ,
             then
             all
             the
             Realm
             besides
             :
             Of
             this
             Inchroachment
             we
             finde
             no
             complaint
             made
             by
             the
             Church-men
             ;
             another
             touched
             them
             to
             the
             quick
             ,
             although
             it
             befell
             onely
             the
             Archbishopricke
             of
             Yorke
             .
             Hitherto
             that
             so
             held
             ordinary
             Jurisdiction
             over
             all
             the
             Bishops
             of
             Scotland
             ,
             as
             being
             their
             Provinciall
             .
             Now
             it
             is
             disclaimed
             by
             them
             all
             ,
             and
             they
             are
             backed
             therein
             by
             their
             King
             ,
             under
             pretence
             of
             great
             inconvenience
             to
             his
             Bishops
             in
             their
             so
             far
             travells
             ;
             but
             in
             truth
             ,
             not
             unlike
             to
             Jeroboam
             ,
             though
             he
             pretended
             it
             was
             too
             much
             for
             them
             ,
             yet
             he
             thought
             it
             unsafe
             for
             himself
             ,
             that
             his
             Bishops
             should
             owe
             Canonicall
             obedience
             to
             the
             Subject
             of
             another
             Prince
             ,
             and
             upon
             this
             ground
             prevailed
             with
             Pope
             Sixtus
             the
             Fourth
             ,
             to
             make
             the
             Divorse
             ,
             and
             left
             it
             to
             future
             Ages
             ,
             to
             try
             the
             validity
             thereof
             ,
             if
             they
             would
             .
          
           
             This
             is
             all
             that
             I
             shall
             observe
             of
             the
             Government
             of
             these
             three
             Kings
             ,
             whose
             Reigns
             in
             the
             whole
             ,
             exceeded
             not
             twenty
             six
             yeares
             ,
             and
             their
             compleat
             power
             therein
             ,
             not
             much
             above
             half
             so
             many
             .
          
        
         
           
           
             CHAP.
             XXVI
             .
             A
             short
             summ
             of
             the
             Reignes
             of
             Henry
             the
             Seventh
             ,
             and
             Henry
             the
             Eighth
             .
          
           
             THe
             course
             of
             English
             policy
             hitherto
             wandering
             in
             the
             different
             Currents
             ,
             springing
             from
             the
             double
             head
             of
             Monarchy
             ,
             and
             Democracy
             ,
             and
             in
             them
             likewise
             ,
             often
             tossed
             up
             and
             down
             ,
             partly
             by
             the
             blasts
             of
             windy
             Titles
             and
             Pretentions
             ,
             and
             partly
             by
             the
             raging
             Tides
             from
             the
             Roman
             Sea
             ,
             now
             begin
             to
             come
             to
             Anchor
             within
             veiw
             of
             Shore
             .
             Happy
             England
             ,
             if
             the
             same
             prove
             good
             Harbarage
             for
             a
             fainting
             Nation
             .
             Two
             Kings
             now
             undertake
             the
             Stearage
             ;
             the
             worke
             of
             the
             first
             was
             to
             still
             the
             Winds
             ,
             the
             other
             the
             Seas
             ,
             and
             so
             to
             bring
             the
             Adventure
             safe
             home
             .
             Henry
             the
             Seventh
             ,
             hapned
             upon
             a
             good
             preparative
             for
             this
             work
             ,
             in
             that
             he
             delivered
             the
             Kingdom
             from
             a
             Tyrant
             ,
             whose
             irregular
             and
             bloody
             way
             was
             so
             odious
             to
             the
             People
             ,
             that
             it
             set
             a
             foil
             upon
             his
             Successors
             Government
             ,
             and
             made
             his
             Wisdom
             ,
             Vallour
             and
             Justice
             ,
             appear
             greater
             then
             possibly
             it
             was
             .
             His
             Vallour
             made
             way
             for
             the
             other
             two
             ,
             he
             had
             enough
             thereof
             to
             serve
             a
             wise
             Man
             in
             case
             of
             Extremitie
             ;
             at
             other
             times
             he
             made
             more
             use
             of
             his
             Majesty
             ,
             then
             Manhood
             ;
             being
             confident
             that
             the
             People
             knew
             not
             where
             to
             mend
             themselves
             ,
             but
             would
             be
             at
             his
             Devotion
             ,
             so
             long
             as
             he
             was
             better
             then
             his
             Predecessor
             ,
             though
             he
             cared
             not
             how
             little
             .
             His
             Wisdome
             was
             his
             greatest
             part
             ,
             of
             which
             ,
             upon
             all
             occasions
             he
             made
             the
             greatest
             improvement
             he
             could
             ,
             without
             reflecting
             upon
             Conscience
             ,
             or
             Religion
             ,
             whereof
             he
             had
             tasted
             no
             more
             then
             would
             render
             him
             a
             civill
             man
             ,
             whereunto
             his
             Education
             did
             lead
             the
             way
             :
             thus
             ,
             though
             his
             Vallour
             brought
             him
             to
             the
             Crown
             ,
             yet
             it
             was
             
             his
             wisdome
             that
             settled
             him
             in
             the
             Throne
             .
             For
             though
             he
             loved
             himself
             so
             well
             ,
             that
             he
             was
             loath
             to
             pretend
             allowance
             of
             any
             access
             of
             Forrain
             help
             to
             his
             own
             atcheivement
             in
             his
             Title
             ,
             or
             that
             he
             was
             guilty
             in
             the
             least
             manner
             in
             his
             Entry
             upon
             the
             Throne
             ;
             yet
             to
             keep
             danger
             far
             off
             ,
             he
             provided
             one
             guard
             for
             his
             Person
             ,
             and
             many
             for
             his
             Title
             .
          
           
             That
             of
             his
             Person
             he
             pretended
             onely
             as
             a
             Ceremony
             of
             State
             brought
             from
             the
             French
             Court
             ,
             and
             yet
             its
             strange
             that
             it
             went
             so
             well
             down
             with
             a
             Free
             People
             :
             For
             that
             Prince
             that
             will
             keep
             guards
             about
             his
             Person
             in
             the
             midst
             of
             his
             own
             People
             ,
             may
             as
             well
             double
             them
             into
             the
             pitch
             of
             an
             Army
             whensoever
             he
             pleases
             to
             be
             fearfull
             ;
             and
             so
             turn
             the
             Royall
             power
             of
             Law
             into
             force
             of
             Armes
             :
             but
             it
             was
             the
             French
             Fashion
             ,
             and
             the
             Kings
             good
             hope
             to
             have
             all
             taken
             in
             the
             best
             sense
             .
          
           
             His
             Title
             (
             setting
             aside
             the
             saying
             of
             Phillip
             the
             hardy
             ,
             
             That
             Kingdomes
             onely
             belong
             to
             them
             that
             can
             get
             them
             )
             would
             hardly
             endure
             the
             touch
             ,
             till
             Pope
             Inocent
             by
             his
             Bull
             ,
             confirmed
             the
             Crown
             to
             him
             to
             hold
             by
             a
             sixfold
             right
             ,
             
               Viz.
               Of
               Inheritance
               ,
               of
               Warre
               ,
               of
               Espousals
               ,
               of
               Election
               ,
               of
               gift
               by
               Parliament
               ,
            
             and
             lastly
             ,
             
               of
               Pontificiall
               Benediction
            
             ;
             which
             the
             King
             liked
             marvellous
             well
             ,
             and
             the
             rather
             because
             his
             Title
             by
             marriage
             was
             buried
             up
             in
             the
             middle
             ,
             and
             so
             made
             the
             lesse
             noyse
             .
             For
             though
             it
             was
             his
             best
             guard
             ,
             yet
             he
             liked
             not
             that
             it
             should
             be
             so
             reputed
             ,
             least
             his
             Title
             should
             seem
             rather
             conferred
             upon
             him
             ,
             then
             gained
             by
             him
             ,
             and
             so
             should
             hold
             by
             a
             Woman
             ,
             or
             at
             the
             best
             ,
             by
             the
             Courtesie
             of
             England
             ,
             if
             the
             Peoples
             favour
             should
             so
             far
             extend
             the
             Law
             in
             that
             Point
             ,
             by
             both
             which
             he
             holds
             the
             Honour
             
               of
               a
               compleat
               English
               King
               diminished
            
             :
             His
             Title
             by
             Inheritance
             is
             much
             disputable
             ,
             if
             the
             right
             Heires
             of
             John
             of
             Gaunt
             be
             inquired
             after
             :
             and
             much
             more
             that
             of
             Warre
             ,
             for
             although
             that
             brought
             the
             Possession
             ,
             yet
             no
             right
             or
             Title
             ,
             but
             by
             wrong
             ;
             which
             may
             indeed
             be
             plaistred
             over
             by
             Election
             ,
             or
             Act
             of
             Parliament
             ,
             but
             then
             he
             must
             be
             Tenant
             to
             the
             People
             .
             As
             touching
             the
             Pontificiall
             Benediction
             ,
             himselfe
             tooke
             that
             but
             as
             a
             redundancy
             ,
             that
             might
             sway
             with
             the
             
             Clergy
             ,
             and
             do
             his
             Title
             no
             hurt
             .
             Neverthelesse
             what
             severally
             they
             cannot
             do
             ,
             by
             joynt
             concurrence
             he
             accounts
             so
             fully
             done
             as
             if
             he
             were
             a
             King
             against
             all
             the
             world
             ,
             and
             more
             ,
             
             yet
             is
             he
             not
             sure
             enough
             ,
             but
             as
             one
             jealous
             is
             more
             tender
             ,
             so
             is
             his
             eye
             ever
             upon
             his
             Title
             ;
             there
             is
             his
             guard
             and
             regard
             ,
             as
             if
             it
             were
             the
             outworks
             of
             his
             Crown
             ,
             which
             once
             lost
             ,
             the
             Crown
             cannot
             hold
             out
             long
             .
             In
             this
             work
             he
             minded
             so
             much
             his
             greatnesse
             ,
             that
             he
             lost
             the
             repute
             of
             his
             goodnesse
             ,
             then
             casting
             his
             eye
             upon
             the
             government
             and
             finding
             it
             of
             a
             mixt
             temper
             ,
             wherein
             if
             Royalty
             prevails
             not
             ,
             popularity
             will
             ;
             like
             a
             good
             Souldier
             whiles
             his
             strength
             is
             full
             he
             sallies
             upon
             the
             peoples
             liberties
             ,
             in
             regard
             of
             their
             persons
             with
             such
             cunning
             conveyance
             ,
             as
             he
             taught
             the
             people
             to
             dance
             more
             often
             and
             better
             to
             the
             tune
             of
             Prerogative
             and
             Allegiance
             ,
             then
             all
             his
             Predecessors
             had
             done
             ;
             nor
             did
             the
             People
             perceive
             it
             til
             they
             were
             over
             their
             shoos
             ,
             and
             then
             they
             clearly
             saw
             their
             condition
             ,
             and
             that
             it
             was
             in
             vaine
             for
             them
             to
             wrangle
             with
             their
             own
             acts
             ,
             of
             which
             more
             particularly
             in
             the
             next
             Chapter
             .
             The
             Legiance
             of
             persons
             of
             the
             People
             once
             gained
             ,
             their
             Estates
             more
             easily
             follow
             ,
             and
             therefore
             though
             in
             the
             former
             he
             wrought
             by
             Ambuscado
             ,
             in
             this
             he
             may
             be
             more
             brave
             ,
             and
             charge
             them
             in
             the
             Van
             ;
             yet
             this
             also
             he
             did
             by
             degrees
             ,
             first
             by
             light
             Skermishes
             of
             borrowing
             smaller
             sums
             of
             Money
             (
             possibly
             when
             he
             had
             no
             need
             )
             and
             paying
             them
             againe
             ,
             thereby
             to
             gain
             credit
             for
             greater
             sums
             ,
             of
             which
             he
             intended
             not
             so
             suddain
             returne
             .
             Then
             he
             charges
             them
             home
             with
             Benevolences
             (
             a
             trick
             gained
             in
             right
             of
             his
             Wife
             from
             her
             Father
             )
             for
             he
             hoped
             that
             the
             Person
             of
             Richard
             the
             third
             was
             now
             become
             so
             abominable
             as
             his
             Laws
             would
             be
             the
             lesse
             regarded
             .
             But
             in
             this
             course
             he
             gained
             nothing
             but
             winde
             ;
             then
             (
             as
             Edward
             the
             fourth
             )
             he
             falls
             upon
             
               Malevolences
               of
               penall
               Lawes
            
             ;
             things
             made
             ,
             
               in
               terrorem
            
             ,
             to
             scare
             men
             to
             obedience
             ,
             rather
             then
             to
             compell
             them
             ;
             but
             are
             now
             executed
             ,
             
               Ad
               angorem
            
             ,
             and
             the
             people
             find
             that
             he
             is
             but
             a
             word
             and
             a
             blow
             with
             them
             ,
             and
             thus
             serving
             his
             Prerogative
             with
             Power
             ,
             and
             his
             Purse
             with
             his
             Prerogative
             ,
             
             he
             made
             all
             serve
             his
             owne
             turne
             ,
             
               Humanitatem
               omnem
               vicente
               periculo
            
             .
          
           
           
             In
             the
             feild
             he
             alwayes
             put
             his
             Wisdome
             in
             the
             Van
             ,
             for
             as
             he
             was
             parcimonious
             in
             expences
             of
             Money
             ,
             so
             much
             rather
             of
             Blood
             ,
             if
             he
             could
             prevaile
             by
             wit
             ;
             Generally
             he
             was
             the
             first
             in
             armes
             ,
             to
             make
             men
             beleeve
             he
             was
             more
             ready
             to
             fight
             then
             they
             :
             Thus
             he
             many
             times
             gained
             the
             advantage
             of
             his
             adversaries
             ,
             and
             sometimes
             came
             off
             without
             blowes
             .
             In
             the
             Battell
             he
             did
             put
             on
             courage
             as
             he
             did
             his
             armor
             ,
             and
             would
             dare
             to
             adventure
             just
             as
             far
             as
             a
             Generall
             should
             ,
             as
             if
             he
             had
             ever
             regard
             of
             his
             Crown
             ,
             rather
             then
             of
             the
             honor
             of
             a
             forward
             Souldier
             ,
             which
             neverthelesse
             was
             also
             so
             dear
             to
             him
             as
             he
             is
             seldome
             found
             in
             the
             reare
             ,
             although
             his
             judgment
             commanded
             in
             cheife
             rather
             then
             his
             courage
             .
             In
             the
             Throne
             he
             is
             much
             more
             wise
             ,
             because
             he
             was
             willing
             it
             should
             be
             known
             .
             In
             doing
             Justice
             he
             is
             seldome
             suspected
             ,
             unlesse
             where
             himselfe
             is
             party
             ,
             and
             yet
             then
             he
             is
             also
             so
             shamfaced
             as
             he
             would
             ever
             either
             stalk
             behinde
             some
             Law
             that
             had
             a
             semblance
             to
             his
             ends
             ,
             or
             when
             he
             meant
             to
             step
             out
             of
             the
             way
             he
             would
             put
             his
             Ministers
             before
             ;
             not
             so
             much
             that
             his
             finenesse
             might
             be
             known
             ,
             but
             his
             royalty
             .
             For
             the
             Lion
             hunts
             not
             his
             own
             prey
             ,
             nor
             is
             it
             regall
             for
             a
             King
             to
             be
             seen
             in
             catching
             of
             mony
             ,
             though
             he
             be
             understood
             ;
             besides
             it
             was
             needlesse
             ,
             he
             had
             Lords
             ,
             Bishops
             ,
             Judges
             ,
             and
             other
             instruments
             of
             malevolent
             aspect
             ,
             as
             so
             many
             furies
             ,
             outwardly
             resembling
             men
             for
             the
             Common-wealth
             ,
             but
             working
             for
             the
             common
             mischeife
             ;
             like
             some
             pictures
             one
             way
             looking
             right
             ,
             and
             another
             looking
             wrong
             ;
             and
             thus
             the
             King
             comes
             lawfully
             by
             what
             he
             catched
             ,
             though
             his
             instruments
             did
             not
             ,
             and
             must
             be
             still
             holden
             for
             a
             good
             King
             ,
             though
             it
             be
             his
             hard
             hap
             to
             have
             ill
             Servants
             .
             Take
             him
             now
             amongst
             the
             People
             he
             is
             alike
             to
             all
             ,
             yea
             in
             some
             things
             that
             might
             seem
             to
             brush
             upon
             the
             Kings
             owne
             traine
             ;
             for
             he
             had
             some
             of
             his
             suite
             that
             were
             not
             altogether
             of
             his
             minde
             ,
             and
             these
             he
             would
             spare
             to
             the
             Course
             of
             Justice
             if
             need
             were
             ;
             as
             it
             befell
             in
             the
             Case
             of
             the
             Duke
             of
             Suffolk
             ,
             whom
             he
             suffered
             to
             be
             tried
             at
             the
             Kings
             Bench
             bar
             ,
             for
             a
             murther
             done
             upon
             a
             meane
             person
             ,
             and
             by
             such
             meanes
             obtained
             the
             repute
             of
             a
             Zealous
             Justiciar
             ,
             as
             if
             Justice
             had
             been
             his
             principall
             vertue
             .
             
             All
             this
             suited
             well
             with
             his
             maine
             end
             ;
             for
             he
             that
             will
             milk
             his
             cattell
             must
             feed
             them
             well
             ;
             and
             it
             incourages
             men
             to
             gather
             and
             lay
             up
             ,
             when
             they
             have
             Law
             to
             hold
             by
             what
             they
             have
             .
          
           
             His
             religion
             I
             touch
             upon
             in
             the
             last
             place
             ,
             as
             most
             proper
             to
             his
             temper
             ,
             for
             it
             was
             the
             last
             in
             his
             thought
             ,
             though
             many
             times
             the
             first
             in
             the
             acting
             ;
             but
             where
             it
             stood
             in
             his
             way
             he
             turned
             it
             behinde
             him
             ,
             he
             made
             Church-men
             his
             instruments
             ,
             that
             the
             matter
             might
             better
             relish
             ,
             for
             who
             wil
             expect
             ought
             save
             well
             from
             men
             of
             religion
             ,
             and
             then
             if
             the
             worst
             come
             ,
             he
             was
             but
             misled
             by
             such
             ,
             as
             in
             common
             reason
             ought
             to
             be
             trusted
             .
             And
             it
             is
             his
             unhappynesse
             to
             meet
             with
             Clergy
             men
             to
             serve
             a
             turn
             ,
             and
             a
             Pope
             to
             give
             his
             benediction
             to
             a●l
             .
             Nor
             was
             this
             Gratis
             ,
             for
             there
             were
             as
             many
             mutuall
             ingagements
             between
             the
             Clergy
             and
             him
             ,
             as
             any
             of
             his
             Predecessors
             of
             the
             hous
             of
             Lancaster
             besids
             .
             Lastly
             ,
             it
             may
             wel
             be
             supposed
             however
             wise
             this
             King
             seemed
             to
             be
             ,
             that
             many
             saw
             through
             him
             ,
             which
             procured
             him
             a
             troublesome
             reigne
             ;
             though
             many
             times
             occasioned
             by
             his
             owne
             interposing
             in
             forraine
             Interests
             ,
             wherein
             he
             suffered
             more
             from
             others
             then
             they
             from
             him
             .
             Amongst
             the
             rest
             the
             Dutches
             of
             Burgundy
             (
             though
             a
             Woman
             shee
             were
             )
             mated
             him
             with
             Phantomes
             and
             apparitions
             of
             dead
             bodyes
             of
             the
             House
             of
             Yorke
             ,
             the
             scare
             whereof
             put
             the
             King
             and
             all
             his
             people
             in
             allarme
             ,
             and
             striking
             at
             idle
             shadows
             slew
             one
             another
             .
             All
             which
             ,
             together
             with
             the
             appearances
             of
             Collections
             ,
             Taxes
             ,
             and
             other
             accoutrements
             ,
             to
             furnish
             such
             imployments
             ,
             were
             enough
             to
             disturb
             that
             ease
             and
             rest
             that
             the
             King
             aimed
             to
             enjoy
             ,
             make
             him
             burdensome
             to
             his
             People
             ,
             and
             both
             himselfe
             and
             them
             weary
             of
             each
             other
             ;
             and
             so
             he
             went
             down
             to
             the
             grave
             with
             but
             a
             dry
             funerall
             ,
             leaving
             no
             better
             testimony
             behinde
             him
             then
             that
             he
             was
             a
             cunning
             man
             ,
             rather
             then
             a
             wise
             English
             King
             :
             and
             though
             he
             died
             rich
             ,
             yet
             is
             he
             since
             grown
             into
             debt
             to
             the
             Pen-men
             of
             his
             story
             ,
             that
             by
             their
             owne
             excellency
             have
             rendred
             him
             a
             better
             King
             then
             he
             was
             .
          
           
           
             HEnry
             the
             Eight
             was
             a
             conception
             ,
             in
             whom
             the
             two
             Bloods
             of
             Yorke
             and
             Lancaster
             did
             meete
             ,
             
             both
             of
             them
             unconquered
             ,
             both
             of
             them
             predominant
             ;
             and
             therefore
             no
             wonder
             if
             he
             was
             a
             man
             beyond
             the
             Ordinary
             proportion
             of
             other
             men
             in
             stature
             of
             body
             ,
             and
             in
             qualities
             of
             mind
             not
             disproportionable
             .
             It
             s
             regularly
             true
             that
             great
             bodies
             move
             slowly
             ,
             but
             it
             holds
             not
             where
             much
             spirit
             is
             ,
             and
             it
             was
             the
             condition
             of
             this
             Prince
             to
             have
             a
             Spirit
             of
             the
             largest
             size
             that
             acted
             him
             into
             motion
             with
             no
             lesse
             speed
             then
             mighty
             Power
             .
             This
             himselfe
             understood
             right
             well
             ,
             and
             therefore
             might
             be
             haughty
             upon
             a
             double
             title
             both
             of
             purchase
             and
             inheritance
             ;
             nor
             did
             he
             faile
             of
             expectation
             herein
             ,
             for
             he
             could
             not
             endure
             that
             man
             that
             would
             owne
             his
             right
             in
             competition
             with
             the
             Kings
             aimes
             ,
             and
             therefore
             would
             have
             his
             Kingdome
             be
             like
             his
             doublet
             to
             keep
             him
             warme
             ,
             and
             yet
             sit
             loose
             about
             him
             that
             he
             might
             have
             elbow
             room
             ;
             suitable
             hereunto
             were
             his
             undertakings
             ,
             invited
             thereunto
             by
             the
             inordinate
             motions
             or
             rather
             commotions
             of
             his
             neighbouring
             Princes
             ;
             for
             it
             was
             now
             full
             Sea
             in
             all
             Countries
             ;
             and
             though
             England
             was
             inferiour
             to
             some
             of
             them
             ,
             yet
             the
             King
             held
             it
             dishonorable
             for
             him
             not
             to
             adventure
             as
             far
             as
             the
             bravest
             of
             them
             ,
             and
             in
             the
             end
             outwent
             them
             all
             :
             What
             he
             wanted
             in
             number
             ,
             he
             supplyed
             in
             courage
             ;
             wherein
             he
             so
             exceeded
             that
             he
             avoyded
             dangers
             ,
             rather
             out
             of
             judgment
             then
             feare
             .
             His
             thoughts
             ,
             resolutions
             ,
             indeavors
             ,
             and
             actions
             ,
             were
             all
             the
             birth
             of
             occasion
             ,
             and
             of
             each
             other
             ;
             as
             if
             he
             had
             obtained
             a
             generall
             Passe
             from
             Providence
             ,
             with
             warranty
             against
             all
             Counterguards
             whatsoever
             .
          
           
             His
             Wisdome
             served
             him
             to
             espy
             present
             opportunities
             ,
             rather
             then
             to
             foresee
             them
             ,
             and
             therefore
             was
             not
             so
             crafty
             as
             his
             Father
             in
             preventing
             occasions
             ,
             yet
             more
             dexterious
             in
             giving
             them
             the
             rout
             .
             For
             he
             could
             mannage
             his
             hand
             and
             foote
             better
             then
             his
             Father
             ,
             strike
             down-right
             blowes
             ,
             and
             rather
             then
             he
             would
             faile
             of
             his
             ends
             would
             make
             one
             ,
             as
             many
             times
             he
             did
             .
          
           
           
             Another
             advantage
             he
             had
             of
             his
             Father
             ,
             for
             considering
             the
             times
             ,
             he
             was
             a
             learned
             King
             ,
             which
             made
             his
             Actions
             carry
             more
             Majesty
             ,
             and
             like
             a
             well
             feathered
             Arrow
             from
             a
             strong
             hand
             drive
             through
             the
             winde
             stedily
             to
             the
             marke
             ,
             when
             as
             his
             Father
             like
             a
             weak
             Archer
             must
             raise
             his
             compasse
             ,
             and
             crave
             aid
             of
             the
             winde
             to
             help
             him
             to
             be
             right
             in
             the
             end
             .
          
           
             It
             s
             affirmed
             by
             some
             ,
             that
             Henry
             the
             Eight
             was
             courteous
             and
             debonaire
             ,
             if
             so
             ,
             he
             must
             thanke
             his
             Education
             ;
             but
             it
             may
             be
             rather
             supposed
             ,
             that
             upon
             occasion
             he
             used
             the
             Art
             of
             Insinuation
             ,
             which
             he
             might
             learn
             both
             from
             the
             Father
             side
             ,
             and
             Mother
             side
             ;
             but
             he
             neither
             practised
             it
             much
             ,
             nor
             did
             he
             rely
             upon
             that
             skill
             ,
             for
             his
             resolution
             led
             him
             to
             cut
             the
             knot
             that
             he
             could
             not
             unty
             .
             His
             learning
             led
             him
             most
             to
             Divinity
             ,
             and
             therein
             shewed
             him
             light
             enough
             to
             see
             much
             into
             the
             Mystery
             of
             iniquity
             ,
             which
             he
             did
             explain
             to
             the
             World
             passing
             well
             ;
             but
             as
             touching
             Devotion
             ,
             he
             left
             that
             to
             the
             care
             of
             the
             Church-men
             .
          
           
             He
             was
             very
             well
             accommodated
             with
             money
             ;
             First
             ,
             from
             the
             full
             Coffers
             left
             by
             his
             Father
             ,
             much
             whereof
             he
             spent
             in
             pastimes
             and
             gallantry
             ,
             as
             he
             was
             Heire
             to
             Edward
             the
             Fourth
             ,
             and
             much
             also
             in
             his
             Devotion
             to
             the
             Pope
             ,
             as
             he
             was
             Heire
             to
             Henry
             the
             Seventh
             ,
             in
             liew
             of
             all
             which
             ,
             he
             was
             rewarded
             with
             a
             Title
             ,
             
               Defender
               of
               the
               Faith
            
             ;
             and
             so
             much
             ill
             gotten
             ,
             was
             much
             ill
             spent
             .
             But
             a
             better
             supply
             he
             had
             when
             Rome
             and
             he
             parted
             asunder
             ,
             and
             the
             Current
             of
             the
             riches
             of
             the
             Clergy
             was
             stopped
             from
             running
             at
             waste
             ,
             and
             returned
             into
             the
             Kings
             own
             Treasury
             ,
             and
             so
             might
             have
             died
             the
             richest
             Prince
             in
             the
             World
             ,
             but
             that
             he
             wanted
             the
             main
             Clause
             in
             the
             Conveyance
             ,
             To
             have
             and
             to
             hold
             .
             The
             wisdome
             of
             God
             so
             ordered
             it
             ,
             for
             these
             felicities
             were
             too
             great
             and
             many
             for
             any
             moderate
             spirit
             to
             bear
             gently
             ,
             much
             more
             for
             the
             Kings
             Spirit
             ,
             that
             was
             ever
             on
             the
             Pinacle
             ,
             and
             grown
             to
             that
             height
             ,
             that
             like
             an
             embossed
             Stagge
             ,
             none
             must
             cope
             with
             him
             ,
             he
             must
             run
             and
             out-run
             all
             ;
             none
             must
             crosse
             him
             under
             extream
             perill
             ,
             no
             good
             is
             to
             be
             done
             but
             by
             following
             afar
             of
             ;
             nor
             is
             it
             a
             full
             wonder
             if
             in
             this
             
             his
             heat
             ,
             he
             knowes
             neither
             faithfull
             Servant
             ,
             Councellour
             ,
             nor
             Wife
             ,
             but
             strikes
             at
             all
             that
             stands
             in
             his
             way
             .
             Neverthelesse
             ,
             in
             his
             coole
             temper
             ,
             and
             when
             he
             was
             intangled
             with
             some
             perplexed
             occasion
             ,
             he
             could
             use
             the
             advantage
             of
             good
             Councell
             ,
             and
             the
             wits
             of
             others
             that
             were
             more
             crafty
             then
             himself
             ,
             wherein
             it
             was
             his
             good
             hap
             to
             have
             some
             ever
             nigh
             him
             that
             were
             for
             his
             turn
             ,
             and
             unto
             them
             committed
             much
             ,
             that
             himself
             might
             be
             at
             ease
             to
             hear
             good
             newes
             of
             successefull
             dispatches
             .
          
           
             In
             his
             youth
             he
             was
             served
             by
             the
             wise
             Councellors
             trained
             up
             by
             his
             Father
             ,
             and
             he
             then
             willing
             enough
             for
             his
             pleasure
             ,
             was
             contented
             by
             their
             advice
             to
             serve
             his
             People
             for
             a
             time
             ,
             that
             they
             might
             be
             his
             servants
             for
             ever
             .
             The
             two
             great
             Conduit
             Pipes
             of
             this
             Treasury
             ,
             which
             he
             had
             from
             his
             Father
             ,
             he
             cut
             off
             at
             his
             Peoples
             request
             ,
             as
             if
             he
             loved
             his
             People
             above
             all
             his
             riches
             ;
             and
             after
             that
             ,
             he
             laid
             aside
             his
             pleasures
             ,
             and
             youthfull
             company
             to
             apply
             himself
             more
             closely
             to
             the
             Affairs
             of
             his
             Kingdome
             ,
             as
             if
             he
             loved
             that
             above
             all
             pleasure
             :
             which
             neverthelesse
             stuck
             to
             him
             so
             long
             as
             he
             lived
             ,
             and
             swayed
             too
             much
             in
             the
             greatest
             Affairs
             of
             his
             Government
             .
          
           
             Thus
             the
             first
             heat
             of
             his
             course
             was
             run
             well
             ;
             so
             long
             as
             the
             Privy
             Councell
             continued
             moderately
             poysed
             :
             But
             no
             sooner
             began
             one
             of
             them
             to
             put
             up
             beyond
             his
             place
             ,
             and
             to
             bid
             adue
             to
             the
             advice
             of
             all
             the
             rest
             ;
             but
             he
             gets
             the
             uppermost
             seat
             in
             the
             Kings
             Head
             ,
             makes
             a
             foot-stoole
             of
             the
             Kings
             Heart
             ,
             and
             then
             it
             s
             two
             to
             one
             that
             the
             People
             in
             such
             cases
             must
             bear
             the
             greater
             burden
             ;
             for
             who
             ever
             first
             said
             it
             ,
             he
             said
             most
             true
             ,
             
               That
               Prerogative
               in
               the
               hand
               of
               a
               King
               ,
               is
               a
               Scepter
               of
               Gold
               ,
               but
               in
               the
               hand
               of
               a
               Subject
               ,
               it
               is
               a
               rod
               of
               Iron
               .
            
             The
             reigne
             of
             this
             King
             Henry
             the
             Eighth
             ,
             serve
             us
             with
             much
             experience
             of
             this
             kinde
             ,
             for
             if
             the
             consideration
             of
             the
             Affairs
             of
             this
             Government
             should
             be
             divided
             ,
             the
             same
             would
             be
             double
             ;
             the
             one
             under
             the
             Regiment
             of
             Cardinall
             Woolsy
             ,
             the
             other
             of
             the
             King
             ,
             by
             
               Cromwell
               ,
               Cranmer
               ,
               Gardner
            
             ,
             and
             others
             interchangeably
             .
             I
             call
             that
             of
             Woolsy
             a
             Regiment
             ,
             for
             he
             was
             in
             nature
             or
             condition
             of
             a
             
             
               Pro
               Rex
            
             ,
             during
             the
             Kings
             Juvenility
             .
             This
             Temporizer
             thus
             super-induced
             upon
             a
             Cardinall
             raised
             from
             mean
             Degree
             to
             be
             
               Legate
               è
               Latere
            
             ,
             
             courted
             by
             Forrain
             Princes
             ,
             flattered
             by
             the
             Emperour
             with
             Titles
             of
             Sonne
             and
             Cousin
             ,
             made
             him
             lead
             a
             dance
             ,
             that
             the
             King
             (
             however
             active
             he
             was
             )
             is
             put
             to
             his
             Carreere
             to
             hold
             him
             company
             ;
             which
             the
             King
             perceiving
             ,
             tripped
             up
             his
             heels
             ,
             and
             left
             the
             Arch-Bishop
             ,
             the
             Chancellour
             ,
             the
             Cardinall
             ,
             the
             Legate
             ,
             and
             many
             more
             with
             him
             ,
             lying
             on
             the
             ground
             :
             
               No
               pride
               like
               to
               that
               of
               the
               Clergy
               ,
               whose
               parts
               are
               more
               sublime
               ,
               and
               apprehensions
               clear
            
             :
             If
             God
             addeth
             not
             a
             Superiour
             work
             to
             rule
             over
             all
             ,
             
               A
               litle
               Honour
               will
               blow
               up
               all
               with
               a
               powder
               .
            
             The
             King
             having
             thus
             matched
             the
             Cardinall
             ,
             forgot
             his
             former
             naturall
             pace
             ,
             and
             once
             in
             a
             heat
             ,
             could
             coole
             no
             more
             ,
             till
             Death
             cooled
             him
             .
             He
             knew
             by
             experience
             ,
             that
             the
             Cardinall
             could
             over-awe
             the
             People
             ;
             why
             should
             not
             the
             King
             doe
             as
             much
             ,
             if
             the
             Lords
             stooped
             to
             the
             Cardinall
             ,
             why
             not
             much
             rather
             to
             the
             King
             ?
             The
             Cardinall
             pulled
             down
             ,
             reared
             up
             ,
             turned
             square
             to
             round
             ,
             why
             should
             he
             be
             lesse
             then
             his
             Subjects
             ?
             Such
             conceits
             as
             these
             soon
             wounde
             up
             the
             Kings
             minde
             to
             that
             height
             ,
             that
             its
             death
             to
             him
             to
             stoop
             one
             inch
             lower
             to
             more
             moderate
             advice
             ,
             though
             he
             loved
             their
             persons
             never
             so
             well
             ;
             but
             all
             must
             be
             content
             with
             the
             weight
             of
             his
             Arme
             ,
             though
             it
             were
             no
             small
             one
             ;
             and
             yet
             in
             point
             of
             Religion
             ,
             Affaires
             tended
             to
             a
             kinde
             of
             Reformation
             all
             this
             while
             .
          
        
         
           
             CHAP.
             XXVII
             .
             Of
             the
             State
             of
             the
             Crowne
             .
          
           
             THat
             the
             Crowne
             of
             England
             now
             abounded
             more
             in
             Flowers
             then
             Crosses
             ,
             the
             face
             of
             Story
             doth
             hold
             forth
             to
             ordinary
             Observation
             ;
             and
             yet
             few
             are
             satisfied
             ,
             either
             in
             the
             true
             nature
             of
             the
             particular
             advantages
             ,
             or
             in
             the
             manner
             
             how
             they
             were
             obtained
             ,
             or
             in
             their
             continuance
             .
             I
             must
             therefore
             make
             a
             little
             stop
             upon
             them
             ,
             because
             in
             the
             true
             discerning
             of
             them
             ,
             the
             discovery
             of
             the
             nature
             of
             the
             Government
             in
             later
             dayes
             doth
             much
             depend
             .
             Hitherto
             the
             Crown
             came
             short
             of
             absolute
             Power
             over
             the
             people
             ,
             upon
             two
             grounds
             in
             observation
             ;
             one
             relating
             to
             the
             Clergy
             ,
             the
             other
             to
             the
             Laity
             .
          
           
             The
             Church-men
             were
             heretofore
             under
             a
             Forrain
             power
             ,
             and
             a
             Forrain
             Law
             ,
             against
             which
             ,
             Kings
             durst
             not
             deeply
             ingage
             ;
             either
             not
             being
             assured
             of
             their
             own
             Title
             ,
             or
             imployed
             in
             pursuit
             of
             other
             game
             ,
             or
             being
             of
             a
             weak
             Spirit
             ,
             were
             scared
             with
             the
             Thunder-bolt
             of
             the
             Popes
             Curse
             :
             But
             the
             Laity
             were
             under
             another
             Law
             ,
             and
             such
             an
             one
             ,
             as
             by
             clear
             and
             unquestionable
             Custome
             ,
             had
             established
             bounds
             ,
             between
             the
             way
             of
             Kings
             ,
             and
             the
             rights
             of
             the
             People
             :
             Neither
             did
             Kings
             directly
             invade
             those
             Borders
             ,
             either
             led
             thereto
             by
             a
             kind
             of
             Conscience
             in
             such
             of
             them
             as
             were
             Morally
             inclined
             ,
             or
             in
             others
             by
             a
             kind
             of
             fear
             of
             raising
             up
             Earth-quakes
             from
             beneath
             ,
             which
             commonly
             doth
             overthrow
             high
             Towers
             sooner
             then
             windes
             from
             above
             .
             But
             now
             such
             interests
             are
             laid
             aside
             fast
             asleep
             ,
             by
             two
             Kings
             ;
             whereof
             one
             cared
             not
             much
             for
             fear
             ,
             and
             neither
             of
             them
             for
             Conscience
             :
             For
             Henry
             the
             Seventh
             ,
             having
             leisure
             to
             study
             the
             Nature
             ,
             and
             contemplate
             the
             Fashion
             of
             the
             English
             Crown
             ,
             dislikes
             the
             Modell
             in
             some
             particulars
             :
             It
             was
             not
             rich
             enough
             ,
             nor
             well
             poysed
             to
             his
             minde
             ,
             which
             ever
             was
             not
             to
             be
             poore
             ,
             but
             towards
             his
             later
             time
             to
             be
             exceeding
             rich
             ;
             as
             supposing
             that
             to
             be
             the
             onely
             way
             to
             be
             more
             desirable
             to
             Freinds
             ,
             formidable
             to
             Enemies
             ,
             and
             absolute
             over
             his
             People
             .
             And
             this
             opinion
             of
             his
             missed
             in
             the
             main
             end
             ,
             though
             it
             attained
             his
             immediate
             desire
             ;
             for
             by
             mistaking
             the
             right
             way
             ,
             it
             made
             a
             rich
             King
             ,
             but
             not
             a
             rich
             Crown
             ;
             he
             delighted
             more
             in
             the
             riches
             of
             his
             People
             ,
             then
             in
             a
             rich
             People
             ;
             and
             this
             bred
             no
             good
             blood
             ,
             because
             the
             People
             thought
             that
             the
             Law
             was
             not
             on
             his
             side
             in
             that
             matter
             .
             They
             suffered
             him
             to
             visit
             their
             purses
             ,
             but
             are
             loath
             it
             should
             prove
             Customary
             ,
             least
             they
             should
             loose
             their
             
             common
             right
             ,
             they
             therefore
             choose
             rather
             to
             give
             him
             power
             by
             Act
             of
             Parliament
             ,
             to
             revoke
             Letters
             Patents
             ,
             and
             Grants
             ,
             and
             make
             resumptions
             of
             Offices
             ,
             Fees
             ,
             Annuities
             ,
             and
             the
             like
             ,
             that
             he
             might
             rather
             repossesse
             his
             owne
             ,
             then
             possesse
             theirs
             ;
             many
             penall
             Lawes
             likewise
             of
             a
             limited
             and
             Temporary
             regard
             are
             made
             ;
             and
             as
             Cheese
             after
             a
             full
             dinner
             ,
             they
             close
             up
             all
             with
             Subsidies
             :
             For
             it
             was
             evident
             to
             all
             men
             ,
             that
             the
             Royall
             mind
             of
             the
             King
             served
             no
             further
             then
             to
             take
             what
             was
             given
             ;
             provided
             that
             the
             people
             would
             give
             what
             else
             would
             be
             taken
             .
             By
             this
             means
             Henry
             the
             Seventh
             left
             rich
             Coffers
             to
             descend
             to
             Henry
             the
             Eighth
             ,
             but
             the
             Crown
             was
             still
             the
             same
             in
             price
             .
          
           
             In
             this
             Act
             of
             the
             Play
             ,
             the
             People
             carry
             away
             the
             plaudite
             :
             The
             second
             Act
             was
             the
             Point
             of
             Allegiance
             ,
             wherein
             both
             parts
             carry
             themselves
             so
             cunningly
             ,
             as
             its
             hard
             to
             adjudge
             the
             Garland
             ,
             yet
             it
             may
             be
             thought
             ,
             the
             King
             observed
             it
             rather
             ,
             because
             he
             offered
             all
             the
             play
             ,
             whiles
             the
             People
             did
             onely
             lie
             at
             their
             close
             guard
             .
             The
             whole
             Project
             consisted
             in
             this
             ,
             to
             gaine
             a
             more
             absolute
             Allegiance
             from
             the
             English
             to
             their
             King
             :
             and
             because
             this
             is
             exemplified
             partly
             in
             Warre
             ,
             and
             partly
             in
             Peace
             ,
             that
             part
             which
             concerneth
             Warre
             ,
             will
             more
             properly
             fall
             under
             the
             consideration
             of
             the
             Militia
             ;
             and
             therefore
             I
             shall
             refer
             the
             same
             to
             that
             head
             in
             the
             32.
             
             Chapter
             ensuing
             ,
             and
             will
             come
             to
             the
             second
             consideration
             of
             Allegiance
             ,
             in
             relation
             to
             Peace
             ,
             and
             therein
             touch
             upon
             the
             Kings
             power
             in
             making
             of
             Lawes
             ,
             and
             of
             Judicature
             according
             to
             those
             Lawes
             .
             As
             touching
             the
             making
             of
             Lawes
             ,
             the
             ingenuity
             of
             Henry
             the
             Seventh
             ,
             could
             not
             suffer
             him
             to
             make
             any
             claim
             thereto
             in
             any
             Positive
             way
             ,
             yet
             his
             Actions
             declare
             that
             his
             heart
             was
             that
             way
             :
             For
             being
             beset
             with
             troubles
             ,
             he
             could
             often
             fancy
             dangers
             ,
             and
             Arme
             himself
             ;
             then
             call
             a
             Parliament
             ,
             who
             were
             wise
             enough
             to
             grant
             as
             readily
             as
             he
             asked
             ,
             rather
             then
             to
             be
             compelled
             thereto
             :
             so
             he
             had
             Lawes
             made
             according
             to
             his
             own
             will
             ,
             though
             he
             made
             them
             not
             .
          
           
             The
             matter
             of
             Judicature
             comes
             next
             ,
             and
             therein
             he
             made
             his
             Judges
             appear
             ,
             and
             not
             himselfe
             ,
             though
             they
             did
             not
             
             onely
             represent
             his
             Person
             ,
             but
             his
             minde
             ;
             so
             things
             were
             done
             according
             to
             his
             minde
             ,
             though
             he
             did
             them
             not
             :
             And
             thus
             his
             Excellency
             seemed
             more
             eminent
             in
             finding
             and
             making
             instruments
             fitting
             to
             do
             his
             work
             ,
             then
             in
             doing
             his
             own
             work
             .
             Neverthelesse
             ,
             all
             this
             was
             but
             from
             hand
             to
             mouth
             ;
             no
             fundamentall
             Law
             is
             altered
             all
             this
             while
             ;
             if
             the
             Lawes
             were
             made
             by
             Parliament
             ,
             the
             King
             made
             them
             not
             ;
             if
             the
             Judges
             turned
             the
             Law
             to
             the
             Kings
             eare
             ,
             the
             Law
             was
             still
             the
             Crown
             ,
             though
             the
             King
             wore
             it
             .
             But
             Henry
             the
             Eighth
             was
             no
             such
             man
             ,
             he
             had
             not
             this
             skill
             of
             undermining
             ,
             nor
             desired
             it
             ;
             he
             was
             tender
             of
             the
             least
             diminution
             of
             his
             Honour
             ,
             industrious
             in
             finding
             out
             the
             occasion
             ,
             and
             a
             most
             resolved
             man
             to
             remove
             it
             out
             of
             the
             way
             ,
             though
             it
             reached
             as
             high
             as
             the
             Triple
             Crown
             ;
             a
             man
             underneath
             many
             Passions
             ,
             but
             above
             fear
             :
             What
             need
             ●he
             care
             for
             pretences
             ,
             his
             Father
             loved
             Riches
             ,
             he
             Power
             ;
             when
             he
             came
             to
             traverse
             his
             ground
             ,
             he
             found
             quickly
             where
             the
             Church-men
             trespassed
             upon
             him
             ,
             and
             began
             with
             them
             ,
             resting
             upon
             the
             wisdome
             of
             his
             Father
             ,
             and
             the
             infallibility
             of
             the
             Pope
             .
             Henry
             the
             Eighth
             ,
             had
             taken
             to
             Wife
             Katherine
             his
             Brothers
             Dowager
             ,
             and
             continued
             in
             that
             condition
             eighteen
             years
             without
             wrinkle
             of
             Fame
             ,
             till
             the
             great
             successe
             of
             Charles
             the
             Fifth
             ,
             the
             Queens
             brother
             against
             the
             Pope
             ,
             and
             French
             ,
             scared
             the
             King
             into
             a
             jealousie
             of
             his
             greatnesse
             ,
             and
             the
             Emperours
             failing
             in
             courtesie
             to
             Cardinall
             Woolsy
             ,
             the
             Kings
             Achates
             ,
             stirred
             the
             Cardinals
             Spirit
             to
             revenge
             ,
             for
             the
             losse
             of
             his
             hopes
             in
             the
             Popedome
             .
             For
             the
             Cardinall
             finding
             the
             Kings
             mind
             to
             linger
             after
             another
             Bed-fellow
             ,
             by
             whom
             he
             might
             have
             a
             Sonne
             ,
             he
             made
             the
             French
             Embassadour
             his
             instrument
             to
             mind
             the
             King
             of
             his
             unlawfull
             marriage
             with
             the
             Queen
             ,
             and
             to
             mention
             unto
             him
             
               Margaret
               D'
               Allanson
            
             a
             Princesse
             of
             France
             ,
             both
             in
             blood
             and
             beauty
             .
             
             The
             King
             liked
             the
             Notion
             of
             Divorse
             ,
             but
             disliked
             the
             motion
             concerning
             the
             French
             Lady
             ,
             himself
             being
             prepossessed
             with
             a
             fair
             Object
             at
             Home
             ,
             the
             Lady
             
               Anne
               Bullen
            
             ,
             
             then
             attending
             upon
             the
             Queen
             ;
             and
             thus
             being
             moved
             ,
             entered
             into
             a
             scrutiny
             concerning
             the
             condition
             of
             his
             marriage
             ,
             
             wherein
             he
             had
             been
             formerly
             touched
             ,
             both
             by
             the
             French
             and
             Spaniards
             themselves
             upon
             severall
             motions
             made
             .
          
           
             
             First
             ,
             between
             Charles
             the
             Fifth
             ,
             and
             afterwards
             between
             the
             Dauphine
             and
             the
             Lady
             Mary
             ,
             afterwards
             Queen
             ;
             Hereat
             the
             Cardinall
             winked
             all
             the
             while
             ,
             till
             the
             infallibility
             of
             the
             Chair
             at
             Rome
             came
             upon
             the
             Stage
             ;
             then
             bestirring
             his
             wits
             ,
             he
             lodged
             the
             Case
             upon
             appeale
             thither
             ,
             as
             he
             hoped
             beyond
             all
             further
             appeale
             ,
             and
             so
             held
             the
             King
             there
             fast
             ,
             till
             himself
             might
             accomplish
             his
             own
             ends
             .
             But
             the
             wheele
             once
             set
             a
             running
             would
             not
             stay
             ;
             the
             King
             espies
             the
             Cardinall
             in
             his
             way
             ,
             and
             bears
             him
             down
             ,
             then
             finding
             the
             fallacy
             of
             the
             infallible
             Chair
             ,
             he
             hearkens
             after
             other
             Doctors
             ,
             followes
             their
             light
             ;
             and
             being
             loath
             to
             hear
             what
             he
             expected
             from
             Rome
             ,
             he
             stopped
             the
             way
             to
             all
             Importation
             of
             such
             Merchandize
             ,
             as
             might
             be
             any
             wayes
             prejudiciall
             to
             the
             Prerogative
             Royall
             ,
             with
             the
             penalty
             of
             losse
             of
             Land
             ,
             or
             Liberty
             and
             Fine
             ,
             the
             two
             later
             being
             formerly
             warranted
             by
             Law
             :
             The
             first
             served
             as
             a
             scare
             ,
             for
             (
             though
             it
             were
             but
             by
             Proclamation
             )
             men
             might
             justly
             fear
             that
             he
             that
             was
             so
             stout
             against
             the
             Pope
             ,
             would
             not
             stick
             to
             scourge
             his
             owne
             Subjects
             out
             of
             his
             way
             in
             the
             time
             of
             his
             heat
             .
          
           
             The
             King
             thus
             entered
             the
             Lists
             ,
             both
             against
             Pope
             and
             Cardinall
             ,
             now
             under
             Praemuniri
             (
             whereof
             he
             died
             )
             meets
             the
             English
             Clergy
             ,
             (
             thus
             loosing
             their
             top-gallant
             )
             standing
             up
             in
             the
             reare
             against
             him
             ,
             and
             talking
             at
             large
             .
             Neverthelesse
             ,
             the
             King
             stops
             not
             his
             carreere
             ,
             puts
             them
             to
             the
             rout
             for
             maintaining
             the
             power
             Legatine
             .
             They
             soon
             submit
             ,
             crave
             pardon
             ,
             give
             a
             summe
             of
             money
             ,
             and
             perfume
             their
             Sacrifice
             with
             that
             sweet
             Incense
             of
             
               Supreame
               Head
               of
               the
               Church
               of
               England
               .
            
             This
             was
             done
             ,
             not
             by
             way
             of
             Donation
             ,
             
             (
             for
             the
             Convocation
             had
             no
             such
             power
             )
             but
             by
             way
             of
             acknowledgement
             in
             flat
             opposition
             to
             the
             Jurisdiction
             of
             the
             Pope
             :
             It
             became
             the
             common
             subject
             of
             discourse
             amongst
             all
             sorts
             ,
             
             but
             of
             wonderment
             to
             the
             Pope
             :
             Yet
             for
             fear
             of
             worse
             ,
             he
             speaks
             faire
             ,
             for
             he
             was
             not
             in
             Posture
             to
             contest
             ,
             but
             all
             would
             do
             no
             good
             ;
             the
             Queen
             had
             appealed
             to
             Rome
             ,
             the
             Pope
             by
             Woolsies
             advice
             makes
             delayes
             :
             
             The
             Parliament
             espying
             the
             advantage
             ;
             at
             once
             tooke
             all
             appeales
             to
             Rome
             away
             ,
             
             and
             established
             all
             sentences
             made
             or
             to
             be
             made
             within
             this
             Land
             ,
             notwithstanding
             any
             Act
             from
             Rome
             ;
             and
             enjoyned
             the
             English
             Clergy
             to
             administer
             the
             severall
             acts
             of
             publique
             worship
             ,
             notwithstanding
             any
             inhibition
             or
             excommunication
             from
             any
             forrain
             pretended
             Power
             :
             The
             grounds
             upon
             the
             preamble
             of
             the
             Law
             will
             appeare
             to
             be
             two
             .
          
           
             First
             ,
             that
             the
             King
             of
             England
             is
             supream
             head
             in
             rendring
             Justice
             within
             the
             Nation
             in
             all
             causes
             therein
             arising
             ,
             which
             is
             more
             then
             the
             recognisance
             of
             the
             Clergy
             two
             yeares
             before
             this
             Act
             did
             hold
             forth
             ,
             yet
             this
             acknowledgment
             is
             not
             absolute
             ,
             but
             in
             opposition
             to
             Forraine
             pretentions
             .
          
           
             Secondly
             ,
             that
             the
             Clergy
             in
             England
             having
             Power
             ,
             may
             in
             matters
             spirituall
             determine
             all
             doubts
             without
             forrain
             help
             ,
             and
             administer
             such
             duties
             as
             to
             their
             place
             do
             belong
             ;
             not
             hereby
             determining
             that
             the
             Church-men
             ever
             had
             such
             Power
             by
             Law
             ,
             nor
             that
             they
             ought
             originally
             to
             have
             such
             Power
             .
             They
             never
             had
             it
             ,
             for
             no
             sooner
             were
             they
             disjoyned
             from
             the
             Laity
             in
             these
             affaires
             ,
             but
             immediately
             they
             were
             under
             the
             Pope
             ,
             and
             received
             their
             Power
             from
             him
             .
             And
             ,
             
               De
               jure
            
             ,
             they
             cannot
             challenge
             such
             power
             ,
             but
             by
             a
             positive
             Law
             ,
             such
             as
             this
             Law
             of
             Henry
             the
             eighth
             ,
             which
             also
             giveth
             but
             a
             restrictive
             and
             limited
             power
             ,
             Viz
             :
             In
             matters
             testamentary
             ,
             of
             divorce
             ,
             matrimony
             ,
             tithes
             ,
             oblations
             ,
             and
             obventions
             .
             So
             as
             if
             they
             will
             challenge
             such
             power
             ,
             they
             must
             thanke
             the
             Parliament
             for
             it
             and
             use
             the
             same
             accordingly
             as
             persons
             deputed
             therunto
             ;
             and
             not
             in
             their
             owne
             right
             or
             right
             of
             their
             places
             .
             In
             all
             this
             the
             Kings
             supremacy
             is
             but
             obscurely
             asserted
             ,
             and
             rather
             by
             implication
             ,
             shewing
             what
             in
             reason
             may
             be
             holden
             ,
             then
             by
             declaration
             of
             what
             was
             ,
             making
             way
             thereby
             ,
          
           
             First
             ,
             into
             the
             opinions
             of
             men
             before
             they
             were
             enjoyned
             to
             determine
             their
             actions
             ,
             but
             within
             two
             yeares
             ensuing
             or
             thereabout
             ,
             the
             Law
             is
             made
             positive
             ,
          
           
             
               The
               King
               shall
               be
               taken
               and
               accepted
               the
               onely
               supreame
            
             
             
             
               head
               on
               earth
               of
               the
               Church
               of
               England
               ;
               and
               have
               power
               to
               visite
               ,
               correct
               ,
               represse
               ,
               redresse
               ,
               reforme
               ,
               restraine
               ,
               order
               ,
               and
               amend
               ,
               all
               such
               errours
               ,
               heresies
               ,
               abuses
               ,
               offenses
               ,
               contempts
               ,
               and
               enormities
               ,
               as
               by
               any
               manner
               of
               spirituall
               authority
               ,
               or
               jurisdiction
               ,
               ought
               or
               may
               lawfully
               be
               reformed
               .
            
          
           
             Which
             in
             the
             preamble
             is
             saide
             to
             be
             made
             to
             confirm
             what
             the
             Clergy
             in
             their
             Convocation
             formerly
             had
             recognized
             .
             The
             corps
             of
             his
             Act
             is
             to
             secure
             the
             Kings
             Title
             ,
             the
             Kings
             Power
             ,
             and
             the
             Kings
             Profit
             .
             As
             touching
             the
             Kings
             Title
             it
             is
             sayde
             ,
             that
             in
             right
             it
             did
             formerly
             belong
             to
             him
             ,
             which
             is
             to
             be
             granted
             by
             all
             so
             far
             as
             the
             Power
             is
             rightly
             understood
             .
             But
             as
             touching
             the
             Kings
             Profit
             it
             cannot
             be
             saide
             that
             the
             whole
             lump
             thereof
             did
             belong
             to
             the
             King
             ,
             because
             much
             thereof
             was
             not
             so
             ancient
             ,
             but
             ,
             
               De
               novo
            
             ,
             raised
             by
             the
             Popes
             extortion
             ;
             and
             therefore
             the
             true
             and
             reall
             Profits
             are
             by
             particular
             Acts
             of
             Parliament
             ensuing
             in
             speciall
             words
             devolved
             upon
             him
             .
             The
             nature
             of
             this
             power
             is
             layd
             downe
             in
             this
             Statute
             under
             a
             three
             fold
             expression
             .
          
           
             First
             ,
             it
             is
             a
             visitatory
             ,
             or
             a
             reforming
             Power
             which
             is
             executed
             by
             inquiry
             of
             offences
             against
             Lawes
             established
             ,
             and
             by
             executing
             such
             Lawes
             .
          
           
             Secondly
             ,
             it
             is
             an
             ordinary
             jurisdiction
             ,
             for
             it
             is
             such
             as
             by
             any
             Spirituall
             authority
             maybe
             acted
             against
             irregularities
             ;
             and
             thus
             the
             Title
             of
             supreame
             Ordinary
             is
             confirmed
             .
          
           
             Thirdly
             ,
             it
             is
             such
             a
             Power
             as
             must
             be
             regulatd
             by
             Law
             ,
             and
             in
             such
             manner
             as
             by
             any
             spirituall
             Authority
             may
             lawfully
             be
             reformed
             .
             It
             is
             not
             therefore
             any
             absolute
             arbitrary
             Power
             ;
             for
             that
             belongs
             onely
             to
             the
             supreame
             Head
             in
             Heaven
             .
             Nor
             is
             it
             any
             legislative
             Power
             ,
             for
             so
             the
             Law
             should
             be
             the
             birth
             of
             this
             Power
             ,
             and
             his
             Power
             could
             not
             then
             be
             regulated
             by
             the
             Law
             :
             nor
             could
             ever
             Ordinary
             execute
             such
             a
             Power
             ,
             nor
             did
             Henry
             the
             eighth
             ever
             make
             claime
             to
             any
             such
             Power
             ,
             though
             he
             loved
             to
             be
             much
             trusted
             .
          
           
           
             Lastly
             ,
             this
             Power
             was
             such
             a
             Power
             as
             was
             gained
             formerly
             from
             the
             King
             by
             forraine
             Usurpation
             ,
             which
             must
             be
             intended
             ,
             
               De
               rebus
               licitis
            
             ,
             and
             once
             in
             possession
             of
             the
             Crown
             ,
             or
             in
             right
             thereto
             belonging
             according
             to
             the
             Law
             ,
             for
             the
             King
             hath
             no
             Power
             thereby
             to
             confer
             Church-livings
             by
             Provisorship
             ,
             or
             to
             carry
             the
             Keyes
             and
             turn
             the
             infallible
             Chaire
             into
             an
             infallible
             Throne
             .
             In
             breife
             ,
             this
             Power
             was
             such
             as
             the
             King
             hath
             in
             the
             Common-wealth
             ;
             neither
             legislative
             ,
             nor
             absolute
             in
             the
             executive
             ,
             but
             in
             order
             to
             the
             Unity
             and
             Peace
             of
             the
             Kingdome
             .
             This
             was
             the
             right
             of
             the
             Crowne
             which
             was
             ever
             claimed
             ;
             but
             not
             enjoyed
             further
             then
             the
             English
             Scepter
             was
             able
             to
             match
             the
             Romish
             Keyes
             :
             And
             now
             the
             same
             being
             restored
             by
             Act
             of
             Parliament
             ,
             
             is
             also
             confirmed
             by
             an
             Oath
             enjoyned
             to
             be
             taken
             by
             the
             People
             ,
             binding
             them
             to
             acknowledge
             the
             King
             under
             God
             supreame
             head
             on
             earth
             of
             the
             Church
             of
             
               England
               ,
               Ireland
            
             ,
             and
             the
             Kings
             Dominions
             ,
             
             in
             opposition
             to
             all
             Forraine
             jurisdiction
             .
          
           
             And
             lastly
             ,
             by
             a
             Law
             which
             bound
             all
             the
             People
             to
             maintaine
             the
             Kings
             Title
             of
             Defender
             of
             the
             faith
             ,
             and
             of
             the
             Church
             of
             England
             and
             Ireland
             ,
             in
             earth
             the
             supream
             head
             ,
             under
             the
             perill
             of
             Treason
             in
             every
             one
             that
             shall
             attempt
             to
             deprive
             the
             Crowne
             of
             that
             title
             .
          
           
             We
             must
             descend
             to
             particulars
             ,
             for
             by
             this
             it
             will
             appeare
             that
             these
             generall
             Lawes
             concerning
             the
             Kings
             refined
             title
             ,
             contained
             little
             more
             then
             matters
             of
             Notion
             ,
             otherwise
             then
             a
             generall
             barr
             to
             the
             Popes
             future
             interests
             :
             And
             therefore
             the
             Wisdome
             of
             the
             State
             (
             as
             if
             nothing
             had
             been
             already
             done
             )
             did
             by
             degrees
             parcell
             out
             by
             severall
             Acts
             of
             Parliament
             the
             particular
             interests
             of
             the
             Popes
             usurped
             Authority
             in
             such
             manner
             as
             to
             them
             seemed
             best
             .
          
           
             And
             First
             ,
             concerning
             the
             Legislative
             Power
             in
             Church
             government
             ;
             It
             cannot
             be
             denied
             but
             the
             Pope
             ;
             
               De
               facto
            
             had
             the
             Power
             of
             a
             negative
             vote
             in
             all
             Councels
             and
             unto
             that
             had
             also
             a
             binding
             Power
             in
             making
             Lawes
             ,
             Decrees
             ,
             and
             Decretalls
             out
             of
             his
             own
             breast
             ;
             but
             this
             was
             gotten
             by
             plunder
             ,
             he
             never
             had
             any
             right
             to
             headship
             of
             the
             
             Church
             ,
             nor
             to
             any
             such
             Power
             in
             right
             of
             such
             preferment
             ,
             nor
             was
             this
             given
             to
             the
             King
             as
             head
             of
             the
             Church
             ,
             but
             with
             such
             limitations
             and
             qualifications
             ,
             that
             its
             evident
             it
             never
             was
             in
             the
             Crowne
             ,
             or
             rightly
             belonging
             thereto
             .
          
           
             First
             ,
             nigh
             three
             yeares
             after
             this
             recognition
             by
             the
             Clergy
             in
             their
             Convocation
             ,
             it
             is
             urged
             upon
             them
             ,
             and
             they
             passe
             their
             promise
             ,
             
             
               In
               verbo
               sacerdotii
            
             .
          
           
             And
             lastly
             it
             is
             confirmed
             by
             Act
             of
             Parliament
             ,
             that
             they
             shall
             never
             make
             ,
             publish
             ,
             or
             execute
             any
             new
             Canon
             or
             constitution
             provinciall
             or
             other
             unlesse
             the
             Kings
             Assent
             and
             License
             be
             first
             had
             thereto
             ;
             and
             the
             offences
             against
             this
             Law
             made
             punishable
             by
             fine
             and
             imprisonment
             :
             So
             as
             the
             Clergy
             are
             now
             holden
             under
             a
             double
             bond
             ,
             one
             the
             honor
             of
             their
             Preisthood
             which
             binds
             their
             Wills
             ,
             and
             Consciences
             ;
             the
             other
             the
             Act
             of
             Parliament
             which
             bindes
             their
             Powers
             ,
             so
             as
             they
             now
             neither
             will
             nor
             can
             start
             .
             Neverthelesse
             there
             is
             nothing
             in
             this
             Law
             nor
             in
             the
             future
             practise
             of
             this
             King
             that
             doth
             either
             give
             or
             assert
             any
             power
             to
             the
             King
             and
             Convocation
             to
             binde
             or
             conclude
             the
             Clergy
             or
             the
             People
             ,
             without
             an
             Act
             of
             Parliament
             concurring
             ,
             and
             inforcing
             the
             same
             :
             And
             yet
             what
             is
             already
             done
             ,
             is
             more
             then
             any
             of
             the
             Kings
             Predecessors
             ever
             had
             in
             their
             possession
             .
          
           
             
               A
               second
               Prerogative
               was
               a
               definitive
               power
               in
               point
               of
               doctrine
               ,
               and
               worship
               .
               For
               it
               is
               enacted
               ,
               that
               all
               Determinations
               ,
            
             
             
               Declarations
               ,
               Decrees
               ,
               Definitions
               ,
               Resolutions
               ,
               and
               Ordinances
               according
               to
               Gods
               word
               ,
               and
               Christs
               Gospell
               ,
               by
               the
               Kings
               advise
               ,
               and
               confirmation
               ,
               by
               Letters
               Patents
               under
               the
               great
               Seale
               ,
               at
               any
               time
               hereafter
               made
               ,
               and
               published
               by
               the
               Arch-Bishops
               ,
               Bishops
               ,
               and
               Doctors
               ,
               now
               appointed
               by
               the
               King
               or
               the
               whole
               Clergy
               of
               England
               ,
               in
               matters
               of
               the
               Christian
               faith
               ,
               and
               lawfull
               rights
               and
               ceremonies
               of
               the
               same
               ,
               shall
               be
               by
               the
               People
               fully
               beleeved
               and
               obeyed
               under
               penalties
               therein
               comprized
               :
               Provided
               that
               nothing
               be
               done
               contrary
               to
               the
               Lawes
               ,
               and
               Statutes
               of
               this
               Realme
               .
            
             A
             Law
             of
             a
             new
             birth
             ,
             and
             not
             an
             old
             Law
             newly
             revived
             ,
             or
             restored
             .
             This
             the
             present
             occasion
             ,
             and
             the
             naturall
             constitution
             of
             the
             Law
             do
             fully
             manifest
             :
             The
             occasion
             was
             the
             present
             
             Perplexity
             of
             the
             People
             ,
             for
             in
             stead
             of
             the
             Statute
             ,
             
               Ex
               officio
            
             which
             was
             now
             taken
             away
             ,
             
             the
             six
             articles
             commonly
             called
             the
             six
             stringed
             whip
             was
             gotten
             into
             power
             by
             a
             more
             legall
             and
             effectuall
             originall
             .
             The
             Parliament
             had
             heard
             the
             cries
             of
             the
             People
             concerning
             this
             ,
             and
             having
             two
             things
             to
             eye
             at
             once
             ;
             one
             to
             provide
             for
             the
             Peoples
             liberty
             ,
             
             and
             further
             security
             against
             forrain
             pretentions
             ;
             the
             other
             (
             which
             was
             more
             difficult
             )
             for
             the
             liberties
             of
             the
             consciences
             of
             multitudes
             of
             men
             of
             severall
             opinions
             (
             which
             could
             not
             agree
             in
             one
             judgement
             ,
             and
             by
             discord
             might
             make
             way
             for
             the
             Romish
             party
             to
             recover
             its
             first
             ground
             )
             and
             finding
             it
             impossible
             for
             them
             to
             hunt
             both
             games
             at
             once
             ,
             partly
             because
             themselves
             were
             divided
             in
             opinion
             ,
             and
             the
             bone
             once
             cast
             amongst
             them
             might
             put
             their
             own
             co-existence
             to
             the
             question
             ,
             and
             partly
             because
             the
             worke
             would
             be
             long
             ,
             require
             much
             debate
             ,
             and
             retard
             all
             other
             affaires
             of
             the
             Common-wealth
             ,
             which
             were
             now
             both
             many
             ,
             and
             weighty
             .
             In
             this
             troubled
             wave
             they
             therefore
             wisely
             determine
             to
             hold
             on
             their
             course
             in
             that
             worke
             which
             was
             most
             properly
             theirs
             ,
             and
             lay
             before
             them
             :
             And
             as
             touching
             this
             matter
             concerning
             doctrine
             ,
             they
             agreed
             in
             that
             wherein
             they
             could
             agree
             ,
             Viz.
             To
             refer
             the
             matter
             to
             the
             King
             and
             Persons
             of
             skill
             in
             that
             mistery
             of
             Religion
             ,
             to
             settle
             the
             same
             for
             the
             present
             till
             the
             Parliament
             had
             better
             leisure
             ,
             the
             People
             more
             light
             ,
             and
             the
             mindes
             of
             the
             People
             more
             perswaded
             of
             the
             way
             .
             Thus
             the
             Estates
             and
             Consciences
             of
             the
             People
             for
             the
             present
             must
             indure
             ,
             
               In
               deposito
            
             of
             the
             King
             and
             other
             Persons
             ,
             that
             a
             kind
             of
             Interim
             might
             be
             composed
             ,
             and
             the
             Church
             for
             the
             present
             might
             enjoy
             a
             kind
             of
             twilight
             rather
             then
             lye
             under
             continuall
             darknesse
             ,
             and
             by
             waiting
             for
             the
             Sun
             rising
             be
             in
             a
             better
             preparation
             thereunto
             .
             For
             the
             words
             of
             the
             Statute
             are
             ,
             that
             all
             must
             be
             done
             without
             any
             partiall
             respect
             or
             affection
             to
             the
             Papisticall
             sort
             or
             any
             other
             sect
             or
             sects
             whatsoever
             .
             Unto
             this
             agreement
             both
             parties
             were
             inclined
             by
             diverse
             regards
             .
             For
             the
             Romanists
             ,
             though
             having
             the
             possession
             yet
             being
             doubtfull
             of
             their
             strength
             to
             hold
             the
             same
             ,
             if
             it
             came
             
             to
             the
             push
             of
             the
             Pike
             ,
             in
             regard
             that
             the
             House
             of
             Commons
             wanted
             faith
             ,
             as
             the
             Bishop
             of
             Rochester
             was
             pleased
             to
             say
             ,
             in
             the
             House
             of
             Lords
             ;
             and
             that
             liberty
             of
             conscience
             was
             then
             a
             pleasing
             Theame
             ,
             as
             wel
             as
             libertie
             of
             Estates
             ,
             to
             all
             the
             People
             .
             These
             men
             might
             therefore
             trust
             the
             King
             with
             their
             interests
             ,
             having
             had
             long
             experience
             of
             his
             Principles
             :
             And
             therefore
             as
             supream
             Head
             ,
             they
             held
             him
             most
             meete
             to
             have
             the
             care
             of
             this
             matter
             ,
             for
             still
             this
             title
             brings
             on
             the
             Vann
             of
             all
             these
             Acts
             of
             Parliament
             .
             On
             the
             other
             side
             ,
             that
             party
             that
             stood
             for
             reformation
             ,
             though
             they
             began
             to
             put
             up
             head
             ,
             yet
             not
             assured
             of
             their
             owne
             Power
             ,
             and
             being
             so
             exceedingly
             oppressed
             with
             the
             six
             Articles
             ,
             as
             they
             could
             not
             expect
             a
             worse
             condition
             ,
             but
             in
             probabililty
             might
             finde
             a
             better
             ;
             they
             therefore
             also
             cast
             themselves
             upon
             the
             King
             ,
             
             who
             had
             already
             been
             well
             baited
             by
             the
             German
             Princes
             ,
             and
             Divines
             ,
             and
             the
             outcries
             of
             his
             owne
             People
             ,
             and
             possibly
             might
             entertain
             some
             prejudice
             at
             length
             at
             that
             manner
             of
             woship
             that
             had
             its
             originall
             from
             that
             Arch
             enemy
             of
             his
             Head-ship
             of
             the
             Church
             of
             England
             .
             Nor
             did
             the
             issue
             fall
             out
             altogether
             unsutable
             to
             these
             expectations
             :
             For
             the
             King
             did
             somewhat
             to
             unsettle
             what
             was
             already
             done
             ,
             and
             abated
             in
             some
             measure
             the
             flame
             and
             heat
             of
             the
             Statute
             ,
             although
             nothing
             was
             established
             in
             the
             opposite
             thereto
             ,
             but
             the
             whole
             rested
             much
             upon
             the
             disposition
             of
             a
             King
             subject
             to
             change
             .
          
           
             As
             touching
             the
             constitution
             of
             this
             Law
             ;
             that
             also
             shewes
             that
             this
             was
             not
             derived
             from
             the
             ancient
             right
             of
             the
             Crowne
             now
             restored
             ,
             but
             by
             the
             positive
             concession
             of
             the
             People
             in
             their
             representative
             ,
             in
             regard
             it
             is
             not
             absolute
             ,
             but
             qualified
             and
             limited
             diversly
             .
          
           
             First
             ,
             this
             power
             is
             given
             to
             this
             King
             ,
             not
             to
             his
             successors
             ,
             for
             they
             are
             left
             out
             of
             the
             act
             ,
             so
             as
             they
             trusted
             not
             the
             King
             ;
             but
             Henry
             the
             eighth
             ,
             and
             what
             they
             did
             was
             for
             his
             owne
             sake
             .
          
           
             Secondly
             ,
             they
             trusted
             the
             King
             ,
             but
             he
             must
             be
             advised
             by
             Councell
             of
             men
             of
             Skill
             .
          
           
             Thirdly
             ,
             they
             must
             not
             respect
             any
             sect
             ,
             or
             those
             of
             the
             Papisticall
             sort
             .
          
           
           
             Fourthly
             ,
             all
             must
             be
             according
             to
             Gods
             Word
             ,
             and
             Christs
             Gospel
             .
          
           
             And
             Lastly
             ,
             nothing
             must
             be
             done
             contrary
             to
             the
             Laws
             and
             Statutes
             of
             this
             Realm
             .
             And
             thus
             though
             they
             trusted
             much
             ,
             yet
             not
             all
             ,
             nor
             over
             long
             .
             For
             it
             was
             but
             a
             temporary
             Law
             ,
             and
             during
             the
             present
             condition
             of
             affaires
             .
             Nor
             did
             the
             King
             or
             People
             rest
             upon
             this
             Law
             ,
             for
             within
             three
             yeares
             following
             ,
             another
             Law
             is
             made
             to
             confirme
             what
             was
             then
             already
             done
             by
             the
             King
             ;
             and
             a
             larger
             power
             granted
             to
             the
             King
             ,
             to
             change
             ,
             and
             alter
             ,
             
             as
             to
             his
             Wisdome
             shall
             seeme
             convenient
             .
             Thus
             the
             Kings
             injunctions
             already
             set
             forth
             were
             established
             ,
             all
             opposall
             to
             them
             inhibited
             ,
             and
             the
             King
             hath
             a
             power
             of
             Lawing
             ,
             and
             Unlawing
             in
             Christs
             Kingdome
             ,
             and
             to
             stab
             an
             Act
             of
             Parliament
             in
             matters
             of
             highest
             concernment
             :
             And
             the
             reason
             is
             ,
             the
             King
             will
             have
             it
             so
             and
             who
             dares
             gain-say
             it
             ,
             as
             Cranmer
             said
             ,
             the
             King
             loves
             his
             Queene
             well
             but
             his
             own
             opinion
             better
             ,
             
             for
             new
             things
             meeting
             with
             new
             love
             ,
             if
             it
             be
             once
             interrupted
             in
             the
             first
             heat
             ,
             turnes
             into
             a
             displeasure
             as
             hot
             as
             the
             first
             love
             ,
             nor
             had
             either
             party
             great
             cause
             to
             boast
             in
             their
             gainings
             ;
             for
             none
             of
             them
             all
             had
             any
             security
             ,
             but
             such
             as
             kept
             close
             to
             a
             good
             conscience
             .
          
           
             All
             this
             ,
             though
             much
             more
             then
             any
             of
             his
             Predecessors
             ever
             attained
             ,
             was
             neverthelesse
             not
             enough
             till
             his
             Title
             was
             as
             compleat
             .
             The
             Pope
             had
             fashioned
             him
             one
             now
             above
             twenty
             yeares
             old
             for
             his
             service
             done
             against
             Luther
             and
             others
             of
             that
             way
             ,
             and
             sent
             it
             to
             him
             as
             a
             Trophee
             of
             the
             victory
             ,
             this
             was
             
               Defender
               of
               the
               faith
            
             ,
             which
             the
             King
             then
             took
             kindly
             ,
             but
             laid
             it
             up
             till
             he
             thought
             he
             had
             deserved
             it
             better
             ;
             and
             therefore
             now
             he
             presents
             it
             to
             the
             Parliament
             ,
             
             who
             by
             a
             Statute
             annexed
             it
             to
             the
             Crown
             of
             England
             for
             ever
             now
             made
             triple
             by
             the
             Royallizing
             of
             that
             of
             Ireland
             amongst
             the
             rest
             .
          
           
             A
             third
             Prerogative
             concerned
             the
             Kings
             Power
             in
             temporall
             matters
             ,
             and
             now
             must
             England
             look
             to
             it selfe
             ,
             for
             never
             had
             English
             King
             the
             like
             advantage
             over
             his
             people
             as
             this
             man
             had
             .
             His
             Title
             out-faced
             all
             question
             :
             Left
             rich
             by
             
             his
             Father
             ,
             trained
             up
             in
             the
             highest
             way
             of
             Prerogative
             ,
             absolute
             Lord
             of
             the
             English
             Clergy
             and
             of
             their
             Interest
             in
             the
             People
             ,
             of
             a
             vast
             spirit
             ,
             able
             to
             match
             both
             the
             Emperour
             and
             French
             abroad
             ,
             and
             yet
             more
             busie
             at
             home
             then
             all
             his
             Predecessors
             .
             A
             King
             that
             feared
             nothing
             but
             the
             falling
             of
             the
             Heavens
             ;
             the
             People
             contrarily
             weary
             of
             civill
             Wars
             enamored
             with
             the
             first
             tastes
             of
             Peace
             ,
             and
             Pleasure
             ;
             whiles
             as
             yet
             it
             was
             but
             in
             the
             blushing
             child-hood
             ,
             overawed
             by
             a
             strange
             Giant
             ,
             a
             King
             with
             a
             Pope
             in
             his
             belly
             ;
             having
             the
             temporall
             Sword
             in
             his
             Hand
             the
             spirituall
             Sword
             at
             his
             command
             .
             Of
             a
             mercilesse
             savage
             nature
             ,
             but
             a
             word
             and
             a
             blow
             ;
             without
             regard
             even
             of
             his
             bosome
             companions
             ,
             what
             can
             then
             the
             naked
             relation
             of
             a
             Subject
             do
             with
             such
             an
             one
             ,
             if
             providence
             steps
             not
             in
             and
             stops
             not
             the
             Lions
             mouth
             ,
             all
             wil
             be
             soon
             swallowed
             up
             into
             the
             hungry
             maw
             of
             Prerogative
             .
             To
             set
             all
             on
             work
             comes
             
               Steven
               Gardiner
            
             from
             his
             Embassage
             to
             the
             Emperor
             ,
             sad
             apprehensions
             are
             scattered
             ,
             that
             the
             motions
             abroad
             are
             exceeding
             violent
             and
             sudden
             ,
             that
             the
             Emperor
             and
             French
             King
             are
             fast
             in
             nothing
             but
             in
             change
             according
             to
             occasion
             ,
             that
             like
             the
             Eagle
             they
             make
             many
             points
             before
             they
             stoop
             to
             the
             prey
             .
             That
             if
             the
             motions
             at
             home
             do
             wait
             upon
             debates
             of
             Parliament
             ,
             things
             must
             needs
             come
             short
             in
             execution
             and
             the
             affaires
             of
             this
             Nation
             extreamly
             suffer
             .
             A
             dangerous
             thing
             it
             is
             that
             the
             King
             should
             be
             at
             disadvantage
             either
             with
             the
             Emperour
             or
             French
             King
             for
             want
             of
             power
             in
             these
             cases
             of
             suddaine
             exegencies
             ,
             and
             for
             some
             small
             time
             ,
             during
             the
             juncture
             of
             these
             importent
             affaires
             ,
             that
             seeing
             likewise
             at
             home
             the
             point
             concerning
             Religion
             is
             comming
             to
             the
             Test
             ,
             the
             mindes
             of
             men
             are
             at
             a
             gaze
             ;
             their
             affections
             ,
             and
             passions
             are
             on
             their
             tiptoes
             .
             It
             s
             reason
             the
             King
             should
             steare
             with
             a
             shorter
             Rudder
             ,
             that
             this
             care
             might
             meete
             with
             every
             turne
             of
             providence
             ,
             which
             otherwise
             might
             suddainly
             blow
             up
             the
             Peace
             ,
             and
             good
             Government
             of
             this
             Nation
             .
             These
             and
             the
             like
             represented
             a
             faire
             face
             to
             that
             which
             followed
             ,
             and
             made
             way
             for
             the
             King
             without
             shame
             to
             ask
             what
             no
             King
             before
             him
             suffered
             ever
             to
             enter
             into
             conceit
             ,
             
             I
             meane
             a
             Legislative
             power
             to
             this
             effect
             ,
             That
             Proclamations
             made
             by
             the
             greater
             part
             of
             the
             King
             for
             the
             time
             being
             and
             his
             Councell
             ,
             whose
             names
             hereafter
             follow
             ,
             
             with
             such
             penalties
             as
             by
             them
             shall
             be
             thought
             meet
             ;
             shall
             be
             of
             equall
             force
             to
             an
             Act
             of
             Parliament
             ,
             provided
             it
             shall
             not
             extend
             to
             forfeiture
             of
             Estates
             ,
             or
             Priviledges
             ;
             nor
             to
             losse
             of
             Life
             (
             but
             in
             cases
             particularly
             mentioned
             in
             the
             Law
             )
             provided
             no
             Proclamation
             shall
             crosse
             any
             Statute
             or
             lawfull
             or
             laudable
             Custome
             of
             this
             Realme
             :
             All
             which
             at
             length
             comes
             to
             be
             demanded
             by
             a
             formall
             Bill
             with
             as
             ill
             favored
             a
             preface
             as
             the
             matter
             it self
             ,
             which
             was
             much
             worse
             ere
             it
             was
             well
             licked
             in
             the
             House
             of
             Commons
             ,
             and
             when
             all
             was
             done
             proved
             a
             Bare
             still
             :
             Whatever
             it
             was
             it
             passed
             in
             manner
             above
             said
             ,
             neither
             much
             to
             the
             desire
             of
             the
             Commons
             that
             so
             much
             was
             given
             ;
             nor
             to
             the
             good
             liking
             of
             the
             King
             that
             there
             was
             no
             more
             :
             For
             in
             stead
             of
             a
             Legislative
             power
             which
             he
             grasped
             at
             for
             himself
             ,
             he
             received
             it
             in
             common
             with
             his
             Councell
             ;
             and
             so
             becomes
             ingaged
             neither
             to
             alter
             nor
             destroy
             that
             Brother-hood
             ,
             if
             he
             intended
             to
             reape
             any
             fruit
             of
             this
             Law
             ,
             leaving
             the
             point
             in
             doubt
             whither
             his
             gaine
             or
             losse
             was
             the
             greater
             .
             For
             this
             Law
             thus
             made
             for
             this
             King
             ,
             these
             Councellors
             ,
             and
             these
             times
             ,
             and
             occasions
             ,
             can
             be
             no
             president
             to
             the
             future
             ,
             unlesse
             to
             informe
             Kings
             that
             the
             Parliament
             hath
             a
             power
             to
             give
             more
             Authority
             and
             prerogative
             to
             Kings
             then
             they
             or
             the
             Crowne
             have
             by
             common
             right
             ,
             and
             to
             give
             it
             with
             such
             limitations
             ▪
             and
             qualifications
             ,
             as
             seemeth
             good
             to
             them
             .
          
           
             And
             secondly
             ,
             that
             even
             Henry
             the
             eighth
             acknowledged
             that
             the
             Legislative
             power
             was
             not
             in
             the
             Crown
             ,
             nor
             was
             the
             Crowne
             capable
             thereof
             ,
             otherwise
             then
             it
             was
             conferred
             by
             the
             Parliament
             .
             Onely
             
               Steven
               Gardiner
            
             might
             glory
             in
             this
             atcheivement
             ,
             having
             for
             the
             present
             obtained
             much
             of
             his
             ends
             by
             perswading
             the
             King
             that
             forrain
             Princes
             estranged
             from
             him
             ,
             not
             so
             much
             for
             his
             departure
             from
             the
             Pope
             ,
             as
             for
             some
             apprehensions
             they
             had
             of
             his
             departure
             from
             that
             way
             of
             Religion
             ,
             and
             Worship
             ,
             which
             they
             apprehend
             every
             Christian
             ought
             to
             maintaine
             .
             And
             therefore
             if
             he
             
             meaned
             to
             gaine
             better
             correspondency
             amongst
             these
             Princes
             ,
             he
             must
             ingage
             more
             resolvedly
             to
             the
             fundamentalls
             of
             the
             Worship
             ,
             though
             he
             shook
             of
             some
             sleighter
             ceremonies
             with
             the
             Romish
             supremacy
             ,
             for
             he
             knew
             that
             they
             were
             willing
             enough
             with
             the
             later
             ,
             though
             the
             other
             could
             not
             go
             downe
             with
             them
             ;
             thus
             did
             forraine
             correspondency
             float
             above
             ,
             when
             as
             the
             Church
             as
             then
             it
             stood
             was
             underneath
             ,
             and
             gave
             the
             tincture
             to
             every
             wave
             .
             And
             it
             was
             holden
             more
             safe
             by
             the
             Romish
             party
             to
             trust
             the
             King
             (
             thus
             attempered
             )
             with
             the
             legislative
             power
             in
             the
             Church
             matters
             ,
             then
             the
             rough
             Parliament
             ,
             whose
             Course
             steered
             quite
             wide
             from
             the
             Roman
             shore
             ,
             as
             if
             they
             never
             meant
             to
             look
             that
             way
             any
             more
             ,
             though
             Cranmer
             and
             the
             cheif
             Officers
             of
             State
             ,
             and
             of
             the
             Houshold
             ,
             were
             by
             the
             Law
             Judges
             of
             the
             matter
             in
             fact
             as
             well
             as
             the
             King
             ,
             yet
             in
             the
             conclusion
             the
             King
             only
             was
             of
             the
             Quorum
             ;
             all
             this
             yet
             further
             appears
             in
             the
             penalty
             ,
             for
             by
             a
             Provisor
             it
             is
             moderated
             as
             to
             all
             forfeitures
             of
             Life
             ,
             Limb
             ,
             or
             Estate
             ;
             and
             in
             the
             conclusion
             extended
             only
             to
             Fine
             and
             Imprisonment
             ;
             unlesse
             in
             some
             cases
             mentioned
             ,
             and
             excepting
             offences
             against
             Proclamations
             made
             by
             the
             King
             or
             his
             Successors
             concerning
             Crimes
             of
             Heresie
             .
             For
             it
             is
             the
             first
             clause
             of
             any
             positive
             Law
             that
             ever
             intimated
             any
             power
             in
             the
             King
             of
             such
             Cognisance
             and
             punishment
             of
             Heresie
             ;
             too
             weake
             a
             principle
             it
             is
             to
             settle
             a
             prerogative
             in
             the
             King
             ,
             and
             his
             Successors
             ,
             as
             supream
             head
             of
             the
             Church
             ,
             thus
             by
             a
             side
             winde
             to
             carry
             the
             keyes
             of
             Life
             and
             Death
             at
             their
             girdle
             ,
             and
             yet
             a
             better
             ground
             cannot
             I
             find
             for
             the
             martyrdome
             of
             diverse
             brave
             Christians
             in
             those
             times
             ,
             then
             this
             touch
             of
             a
             Law
             glancing
             by
             :
             All
             which
             passing
             ,
             
               Sub
               silentio
            
             ,
             and
             the
             Parliament
             taking
             no
             notice
             thereof
             ,
             made
             way
             for
             the
             Statute
             32.
             
             H.
             8.
             ca.
             26.
             
             Formerly
             mentioned
             to
             come
             more
             boldly
             upon
             the
             Stage
             .
          
           
             This
             was
             one
             wound
             to
             the
             legislative
             power
             of
             the
             Parliament
             thus
             to
             divide
             the
             same
             :
             Another
             ensues
             that
             in
             its
             consequence
             was
             no
             lesse
             fatall
             to
             that
             power
             which
             remained
             ,
             and
             it
             was
             wrought
             by
             some
             Engine
             that
             well
             saw
             
             that
             the
             disease
             then
             so
             called
             grew
             to
             be
             epidemicall
             amongst
             the
             more
             considerable
             party
             in
             the
             Kingdome
             ;
             that
             the
             Lady
             
               Jane
               Seymor
            
             (
             now
             Queene
             )
             was
             no
             freind
             to
             the
             Romanists
             ;
             that
             she
             was
             now
             with
             child
             ,
             which
             if
             a
             Sonn
             (
             as
             it
             proved
             to
             be
             )
             was
             like
             to
             be
             Successor
             in
             the
             Throne
             ,
             and
             be
             of
             his
             Mothers
             Religion
             ,
             and
             so
             undoe
             all
             ,
             as
             in
             the
             issue
             all
             came
             so
             to
             passe
             :
             To
             prevent
             this
             ,
             neverthelesse
             they
             fancy
             a
             new
             conceit
             ,
             that
             Lawes
             made
             by
             English
             Kings
             in
             their
             minority
             are
             lesse
             considerately
             done
             ,
             then
             being
             made
             in
             riper
             yeares
             .
             And
             so
             by
             that
             one
             opinion
             countenanced
             a
             worse
             ,
             which
             was
             ,
             that
             the
             Legislative
             power
             depended
             more
             upon
             the
             judgment
             of
             the
             King
             ,
             then
             the
             debates
             ,
             and
             results
             of
             the
             Parliament
             ;
             a
             notion
             that
             would
             down
             exceeding
             well
             with
             Kings
             ;
             especially
             with
             such
             an
             al-sufficient
             Prince
             as
             Henry
             the
             eight
             conceived
             himself
             to
             be
             ;
             upon
             this
             ground
             a
             Law
             is
             made
             to
             enable
             such
             of
             the
             Kings
             Successors
             ,
             by
             him
             appointed
             ,
             as
             shall
             be
             under
             the
             age
             of
             twenty
             and
             foure
             yeares
             ,
             when
             Lawes
             by
             him
             are
             made
             ,
             
             to
             adnull
             the
             same
             by
             Letters
             ,
             Patents
             ,
             after
             such
             Prince
             shall
             attaine
             the
             said
             age
             of
             twenty
             foure
             yeares
             .
             Thus
             the
             Armes
             of
             the
             Parliament
             are
             bound
             from
             settling
             any
             Reformation
             ,
             let
             them
             intend
             it
             never
             so
             much
             ;
             a
             Muse
             is
             left
             open
             for
             the
             Romish
             Religion
             still
             to
             get
             in
             ,
             when
             the
             Season
             proves
             more
             faire
             .
             The
             Parliament
             was
             now
             in
             its
             minority
             ,
             and
             gives
             occasion
             to
             the
             Reader
             to
             bewaile
             the
             infirmities
             of
             the
             excellency
             of
             England
             .
          
           
             A
             fourth
             advance
             of
             Prerogative
             concerned
             the
             executive
             Power
             in
             the
             Government
             of
             the
             Church
             .
             
               This
               had
               formerly
               much
               rested
               in
               the
               Prelacy
               ,
               and
               that
               upon
               the
               cheife
               Praelatissimo
               at
               Rome
               ;
               now
               there
               is
               found
               in
               England
               a
               Prelater
               then
               he
               ;
               the
               Pope
               was
               already
               heheaded
               ,
               and
               his
               head
               set
               upon
               the
               Kings
               shoulders
               :
               To
               him
               it
               is
               given
               to
               nominate
               all
               Bishops
               ,
               and
               Arch-Bishops
               within
               his
               dominions
               ,
               by
               long
               desire
               ,
            
             
             
               and
               that
               the
               party
               once
               elected
               shall
               sweare
               fealty
               ,
               and
               then
               shall
               be
               consecrated
               by
               Commission
               ,
               and
               invested
               ,
               but
               if
               upon
               the
               long
               desire
               ,
               no
               election
               be
               certified
               within
               twelve
               dayes
               the
               King
               shal
               by
               Commission
               cause
               his
               own
               Clerke
               to
               be
               consecrated
               and
               invested
               .
            
             
             The
             occasion
             that
             first
             brought
             in
             this
             President
             ,
             was
             the
             accesse
             of
             Cranmer
             to
             the
             See
             at
             Canterbury
             ,
             for
             though
             the
             head-ship
             had
             beene
             already
             by
             the
             space
             of
             two
             yeares
             translated
             from
             Rome
             to
             England
             ,
             and
             yet
             the
             course
             of
             Episcopizing
             continued
             the
             same
             as
             formerly
             it
             had
             beene
             .
             I
             mean
             as
             touching
             the
             point
             of
             Election
             :
             For
             though
             in
             their
             originall
             ,
             Bishops
             were
             meerely
             Donatives
             from
             the
             Crowne
             ,
             being
             invested
             by
             delivery
             of
             the
             Ring
             and
             pastoral
             staffe
             ,
             and
             untill
             King
             Johns
             time
             ,
             
             the
             Canonicall
             way
             of
             Election
             was
             disallowed
             ,
             yet
             King
             John
             by
             his
             Charter
             ,
             
               De
               communi
               consensu
               Baronum
            
             granted
             that
             they
             should
             be
             eligible
             ,
             which
             also
             was
             confirmed
             by
             diverse
             publique
             Acts
             of
             Parliament
             in
             after
             times
             ;
             and
             now
             by
             this
             Law
             last
             recited
             ,
             and
             with
             this
             way
             the
             King
             was
             contented
             for
             the
             space
             of
             six
             yeares
             ,
             for
             the
             Reformation
             intended
             by
             the
             King
             ,
             was
             not
             done
             at
             once
             but
             by
             degrees
             ;
             and
             therefore
             though
             this
             course
             of
             long
             desire
             was
             brought
             into
             use
             ,
             yet
             the
             Parliament
             being
             of
             six
             yeares
             continuance
             (
             a
             necessary
             thing
             in
             times
             of
             so
             great
             change
             of
             policy
             )
             began
             this
             course
             of
             Election
             ,
             
             by
             giving
             the
             King
             Power
             to
             nominate
             ,
             and
             allowing
             of
             the
             Pope
             Power
             to
             grant
             to
             such
             his
             Bulls
             or
             Pall
             at
             his
             owne
             will
             ;
             otherwise
             they
             should
             be
             consecrated
             by
             Commission
             without
             his
             consent
             ,
             &
             this
             at
             the
             first
             ,
             the
             Popes
             concurrence
             was
             not
             excluded
             ,
             though
             his
             Negative
             was
             .
             In
             this
             posture
             of
             Affaires
             comes
             Cranmer
             to
             be
             consecrated
             Arch-Bishop
             :
             And
             being
             nominated
             therunto
             by
             the
             King
             ,
             the
             wily
             Pope
             knowing
             the
             Kings
             aime
             ,
             meaned
             not
             to
             withstand
             ,
             least
             he
             should
             loose
             all
             ,
             but
             granted
             the
             Pall
             as
             readily
             as
             it
             was
             desired
             ,
             so
             as
             Cranmer
             is
             thus
             far
             Arch-Bishop
             of
             Canterbury
             ,
             without
             all
             exception
             :
             yet
             he
             must
             go
             one
             step
             further
             ,
             and
             take
             the
             old
             oath
             to
             the
             Pope
             which
             the
             King
             allowed
             him
             to
             do
             ,
             
               Pro
               more
            
             ,
             and
             which
             he
             did
             ,
             
               Renitente
               conscientia
            
             ,
             say
             some
             ,
             and
             with
             a
             salvo
             ,
             say
             others
             ,
             and
             all
             affirme
             ,
             it
             was
             done
             ,
             Perfunctoriè
             ,
             like
             some
             worne
             Ceremony
             ,
             or
             civill
             Complement
             .
             Neverthelesse
             it
             was
             not
             so
             soone
             turned
             over
             ,
             the
             Arch-Bishop
             loved
             not
             the
             Office
             ,
             the
             King
             loved
             no
             partnorship
             in
             this
             matter
             ;
             and
             it
             was
             evident
             to
             all
             that
             no
             man
             could
             
             serve
             these
             two
             Masters
             any
             longer
             ,
             an
             agreement
             is
             soon
             concluded
             in
             Parliament
             to
             exclude
             the
             Popes
             Power
             quite
             out
             of
             this
             game
             ,
             
               and
               all
               is
               left
               to
               be
               done
               by
               the
               King
               and
               his
               Commissioners
               ,
               by
               the
               Law
               formerly
               propounded
               .
               In
               all
               this
               the
               Pope
               is
               the
               looser
               ,
               the
               English
               Clergy
               the
               savers
               ,
               for
               the
               Pall
               cost
               Cranmer
               nine
               hundred
               markes
               .
            
             And
             the
             Crown
             is
             the
             great
             gainer
             ;
             for
             hereby
             the
             King
             got
             the
             men
             sure
             to
             him
             ,
             not
             onely
             by
             their
             own
             acknowledgment
             and
             submission
             ,
             but
             also
             by
             a
             Statute
             Law.
             
          
           
             And
             lastly
             by
             Oath
             ,
             which
             to
             make
             sure
             was
             treble
             twined
             ,
             once
             upon
             their
             first
             submmission
             in
             the
             Kings
             twenty
             second
             yeare
             ,
             when
             they
             had
             beene
             under
             Premuniri
             .
          
           
             Secondly
             ,
             soone
             after
             the
             decease
             of
             Queene
             
               Katherine
               Dowager
            
             ,
             in
             the
             twenty
             sixth
             yeare
             ,
             which
             Oath
             was
             more
             compleat
             then
             the
             former
             ;
             containing
             ,
          
           
             First
             ,
             A
             Renunciation
             of
             all
             fealty
             to
             the
             Pope
             or
             any
             sorraine
             Power
             .
          
           
             Secondly
             ,
             an
             obligation
             to
             adheare
             to
             the
             cause
             of
             the
             King
             and
             his
             Successors
             .
          
           
             Thirdly
             ,
             a
             disavowing
             of
             the
             Pope
             ,
             otherwise
             then
             as
             another
             Bishop
             or
             fellow
             Brother
             .
          
           
             Fourthly
             ,
             an
             ingagement
             to
             observe
             all
             Lawes
             already
             established
             against
             the
             Popes
             Power
             .
          
           
             Fifthly
             ,
             A
             disavowing
             of
             all
             appeales
             to
             Rome
             .
          
           
             Sixthly
             ,
             an
             ingagement
             to
             informe
             the
             King
             of
             all
             Messages
             ,
             or
             Bulls
             ,
             sent
             from
             Rome
             into
             England
             .
          
           
             Seventhly
             ,
             An
             ingagement
             not
             to
             send
             ,
             or
             be
             privy
             to
             the
             sending
             of
             any
             message
             to
             Rome
             for
             any
             such
             purpose
             .
          
           
             The
             third
             oath
             was
             that
             of
             fealty
             ,
             which
             anciently
             was
             due
             to
             Kings
             ,
             and
             now
             revived
             to
             be
             taken
             by
             all
             Bishops
             upon
             their
             admission
             .
             And
             thus
             the
             English
             Prelacy
             ,
             having
             beene
             sworn
             slaves
             to
             the
             Papacy
             ever
             since
             Beckets
             time
             ,
             are
             now
             preferred
             to
             a
             more
             Royall
             service
             ,
             and
             the
             persuit
             by
             Kings
             after
             their
             right
             being
             laid
             a
             side
             by
             the
             space
             of
             300.
             yeares
             ,
             is
             now
             renued
             ,
             and
             the
             prey
             seised
             upon
             by
             the
             Lion
             ,
             we
             found
             it
             upon
             a
             better
             title
             ,
             and
             in
             better
             condition
             
             by
             much
             then
             when
             at
             the
             first
             it
             was
             lost
             ,
             for
             it
             was
             upon
             som
             semblance
             of
             reason
             that
             the
             Arch-Bishop
             and
             Clergy
             gained
             it
             ,
             but
             being
             afterwards
             dispossessed
             thereof
             by
             the
             Pope
             ,
             and
             yet
             without
             any
             other
             shadow
             of
             Title
             ,
             but
             the
             Power
             of
             his
             own
             gripe
             ,
             for
             the
             present
             he
             is
             the
             occupant
             ,
             and
             becomes
             Proprietor
             by
             prescription
             :
             Till
             now
             the
             felon
             apprehended
             ,
             the
             stolne
             goods
             are
             the
             Kings
             in
             right
             ,
             and
             by
             Remitter
             ,
             whereunto
             the
             Parliament
             were
             by
             the
             Statute
             adding
             their
             conveiance
             ,
             establishes
             the
             same
             by
             an
             unquestionable
             Title
             ;
             neverthelesse
             their
             service
             is
             no
             lesse
             servile
             to
             this
             Crown
             then
             it
             had
             beene
             to
             the
             Romish
             Miter
             ;
             formerly
             they
             asserted
             the
             Popes
             infallibility
             ,
             now
             the
             Kings
             supremacy
             .
             They
             are
             now
             called
             by
             the
             King
             ,
             made
             by
             the
             King
             ,
             sent
             by
             the
             King
             ,
             maintained
             by
             the
             King
             ,
             whatsoever
             they
             are
             ,
             whatsoever
             they
             have
             ,
             all
             is
             the
             Kings
             :
             He
             makes
             Bishops
             ,
             
             he
             makes
             new
             Bishop-ricks
             ;
             and
             divides
             or
             compounds
             the
             old
             as
             he
             pleaseth
             ,
             by
             a
             power
             given
             to
             Henry
             the
             eighth
             by
             Parliament
             ,
             which
             oath
             was
             never
             in
             any
             Prince
             before
             or
             after
             him
             that
             I
             can
             finde
             ;
             so
             as
             the
             Crown
             had
             it
             not
             ,
             but
             the
             man
             ,
             and
             it
             died
             with
             him
             .
          
           
             The
             King
             thus
             loaden
             with
             Power
             ,
             and
             Honour
             ,
             above
             all
             his
             Predecessors
             (
             if
             without
             proportionable
             maintenance
             to
             support
             the
             one
             ,
             and
             act
             the
             other
             )
             must
             needs
             consume
             himself
             (
             as
             one
             in
             a
             Tympany
             )
             by
             growing
             great
             :
             For
             though
             he
             was
             left
             rich
             by
             his
             Fathers
             Treasure
             ,
             yet
             his
             Zeale
             to
             Rome
             in
             its
             now
             Poor
             captived
             condition
             under
             the
             Imperiall
             power
             ,
             stirring
             up
             in
             him
             great
             underrakings
             abroad
             (
             besides
             his
             own
             pleasures
             and
             gallantry
             at
             home
             )
             exhausted
             that
             ,
             and
             doubtlesse
             had
             starved
             these
             his
             grand
             designes
             ,
             had
             he
             not
             found
             the
             hidden
             Treasures
             of
             the
             Cells
             and
             Monastries
             ;
             the
             sight
             whereof
             so
             rouzed
             up
             his
             Spirits
             ,
             that
             he
             adventured
             upon
             the
             purchase
             ,
             though
             he
             knew
             difficulties
             enough
             to
             have
             stopped
             his
             undertakings
             ,
             if
             he
             had
             not
             resolved
             ,
             both
             against
             feare
             and
             flattery
             .
             It
             was
             not
             done
             without
             deliberation
             ,
             for
             the
             thing
             was
             felt
             as
             a
             greivance
             before
             the
             Norman
             times
             ,
             and
             complained
             of
             in
             Parliament
             above
             a
             hundred
             and
             forty
             years
             ago
             ,
             and
             diverse
             times
             since
             ,
             
             but
             Kings
             either
             understood
             not
             ,
             or
             beleeved
             not
             ,
             or
             durst
             not
             give
             remedy
             ,
             or
             had
             much
             else
             to
             do
             .
             But
             now
             the
             King
             is
             beyond
             all
             his
             Predecessors
             ,
             he
             knowes
             much
             ,
             dares
             do
             more
             ,
             and
             is
             at
             leisure
             ,
             he
             will
             go
             as
             far
             as
             Emperour
             or
             French
             King
             ,
             and
             beyond
             them
             also
             ,
             but
             would
             not
             try
             masteries
             with
             either
             ,
             for
             they
             were
             all
             Cocks
             of
             the
             game
             .
          
           
             The
             first
             occasion
             that
             discovered
             the
             wroke
             feasible
             ,
             was
             a
             president
             made
             by
             Cardinall
             Woolsie
             ,
             whose
             Power
             was
             enough
             to
             dissolve
             some
             petty
             Cells
             ,
             and
             no
             opposition
             made
             .
             The
             King
             might
             well
             expect
             the
             worke
             would
             be
             as
             lawfull
             for
             him
             ,
             and
             not
             much
             more
             difficult
             ,
             or
             if
             any
             stormes
             ensued
             ,
             the
             People
             that
             had
             so
             long
             complained
             ,
             and
             felt
             the
             burthen
             of
             these
             excrescences
             of
             the
             Clergy
             ,
             would
             soon
             find
             out
             a
             way
             to
             Calme
             them
             ,
             the
             King
             need
             do
             no
             more
             then
             speake
             ,
             and
             the
             people
             will
             do
             .
             This
             opened
             the
             doore
             ,
             but
             that
             which
             brought
             the
             King
             in
             ,
             was
             the
             hold
             the
             Pope
             had
             in
             this
             Kingdome
             by
             these
             Cloystered
             People
             ,
             who
             were
             persons
             dead
             in
             Law
             ,
             and
             dead
             to
             all
             Law
             but
             the
             Canon
             ;
             and
             upon
             this
             account
             the
             Kings
             Ancestors
             had
             possessed
             themselves
             of
             the
             Cells
             in
             the
             hands
             of
             Forrainers
             in
             times
             of
             War
             ,
             and
             now
             a
             deadly
             feud
             is
             stirred
             betweene
             Henry
             the
             eighth
             and
             the
             Pope
             their
             holy
             Father
             ;
             the
             Children
             cannot
             expect
             to
             thrive
             ,
             when
             as
             their
             Father
             is
             cast
             out
             of
             doores
             ;
             and
             so
             all
             must
             out
             together
             :
             yet
             the
             manner
             is
             observable
             ,
             they
             must
             not
             be
             cast
             out
             ,
             but
             must
             go
             out
             ;
             the
             inferiour
             and
             greater
             part
             are
             dead
             persons
             ,
             have
             learnt
             obedience
             ,
             they
             can
             neither
             bark
             nor
             bite
             ,
             and
             therefore
             they
             may
             sleep
             ,
             and
             what
             is
             don
             must
             be
             don
             with
             such
             of
             them
             as
             are
             alive
             .
             Upon
             a
             Visitation
             these
             are
             brought
             under
             the
             Test
             ,
             and
             found
             in
             such
             a
             condition
             that
             they
             had
             better
             give
             way
             ,
             and
             voluntarily
             surrender
             ,
             then
             abide
             the
             triall
             :
             
             Once
             more
             the
             smallest
             are
             picked
             out
             whiles
             the
             greater
             stand
             by
             and
             wonder
             ,
             but
             either
             do
             not
             foresee
             ,
             or
             (
             in
             dispaire
             of
             altering
             the
             Kings
             resolution
             )
             do
             nothing
             but
             expect
             the
             sad
             hour
             ,
             which
             within
             four
             yeares
             comes
             upon
             them
             all
             ;
             
             every
             one
             of
             them
             choosing
             rather
             to
             surrender
             ,
             and
             expect
             the
             Kings
             mercy
             for
             maintenance
             during
             life
             ,
             then
             adventure
             against
             the
             dint
             
             of
             his
             Justice
             ,
             and
             Power
             ,
             and
             so
             loose
             all
             ;
             for
             they
             were
             ill
             befreinded
             amongst
             all
             sorts
             of
             the
             People
             .
             Thus
             came
             the
             personall
             Estate
             and
             Stock
             of
             these
             Houses
             to
             the
             Kings
             immediate
             Treasury
             ,
             and
             their
             yearly
             maintenance
             to
             the
             disposing
             of
             the
             Crowne
             ,
             which
             might
             have
             advanced
             the
             same
             ,
             well
             nigh
             to
             the
             value
             of
             two
             hundred
             thousand
             pounds
             yearly
             ,
             but
             that
             the
             King
             intended
             to
             let
             the
             People
             enjoy
             the
             fat
             as
             well
             as
             he
             ,
             that
             they
             might
             be
             mutually
             engaged
             to
             maintain
             hold
             of
             the
             prey
             that
             they
             had
             joyntly
             gotten
             .
             Out
             of
             all
             which
             neverthelesse
             the
             Crowne
             had
             a
             small
             rent
             ,
             or
             service
             annuall
             ,
             for
             the
             acknowledgement
             of
             their
             tenure
             besides
             ,
             the
             first
             fruits
             of
             the
             spirituall
             dignities
             ,
             and
             the
             tenths
             ,
             
             both
             which
             he
             formerly
             had
             already
             obtained
             .
          
           
             The
             first
             whereof
             was
             but
             casuall
             ,
             and
             occasionall
             in
             the
             payment
             ,
             arising
             onely
             at
             the
             entrance
             of
             the
             party
             into
             his
             promotion
             ;
             and
             which
             was
             gained
             by
             the
             Pope
             from
             Edward
             the
             first
             ,
             
             although
             at
             his
             Parliament
             at
             Carleile
             ,
             in
             his
             thirty
             fourth
             yeare
             he
             withstood
             the
             same
             :
             This
             was
             above
             three
             hundred
             and
             twenty
             thousand
             pounds
             in
             the
             whole
             summ
             .
             The
             later
             was
             annuall
             ,
             and
             amounted
             to
             above
             thirty
             thousand
             pounds
             :
             And
             thus
             the
             Popes
             Usurpaons
             are
             turned
             into
             duties
             to
             the
             Crowne
             ,
             but
             were
             much
             lessened
             in
             regard
             that
             these
             Cells
             and
             Monastries
             were
             accounted
             amongst
             these
             Ecclesiasticall
             promotions
             ,
             which
             by
             their
             dissolution
             fell
             off
             in
             that
             account
             .
             Neverthelesse
             the
             advancement
             that
             might
             by
             a
             parcimonious
             King
             have
             beene
             made
             of
             the
             fall
             of
             this
             Ceder
             ,
             was
             such
             ,
             that
             the
             Crowne
             might
             have
             been
             rendred
             of
             it self
             absolute
             and
             al-sufficient
             .
             But
             Henry
             the
             eighth
             was
             not
             thus
             minded
             ,
             the
             affairs
             of
             Europe
             were
             gotten
             into
             a
             high
             pitch
             ;
             Princes
             generally
             over
             active
             ;
             Henry
             the
             eight
             inferior
             to
             none
             of
             them
             ;
             what
             comes
             in
             goes
             out
             ,
             and
             he
             is
             a
             rare
             example
             of
             that
             Divine
             proverb
             ;
             
               As
               Riches
               increase
               ,
               so
               doe
               the
               mouths
               of
               them
               that
               eate
            
             ;
             he
             still
             stands
             in
             need
             of
             his
             Peoples
             Love
             ,
             Purses
             ,
             and
             Power
             ;
             so
             Divine
             
               providence
               orders
               the
               matter
            
             ,
             that
             Kings
             can
             never
             attaine
             further
             end
             of
             their
             undertakings
             without
             the
             aide
             of
             
             the
             people
             ,
             then
             their
             labour
             ,
             least
             they
             should
             be
             too
             big
             to
             be
             Christians
             ,
             and
             the
             people
             too
             mean.
             
          
        
         
           
             CHAP.
             XXVIII
             .
             Of
             the
             Condition
             of
             the
             Parliament
             in
             these
             Times
             .
          
           
             THey
             are
             no
             good
             Expositors
             that
             consider
             their
             Text
             by
             peice-meale
             onely
             ,
             nor
             they
             good
             Historians
             ,
             that
             will
             tell
             you
             the
             bare
             journall
             of
             Action
             ,
             without
             the
             Series
             of
             occasion
             :
             such
             as
             these
             will
             speak
             much
             of
             the
             Actions
             of
             Henry
             the
             Eighth
             ,
             what
             advancement
             he
             brought
             to
             the
             Crown
             ,
             and
             make
             it
             a
             compleat
             Monarchy
             ,
             wherein
             the
             King
             may
             Act
             what
             he
             resolveth
             ;
             resolve
             what
             he
             pleaseth
             ;
             and
             please
             what
             he
             lusteth
             ;
             when
             as
             in
             truth
             ,
             the
             thing
             is
             nothing
             so
             :
             for
             though
             many
             of
             his
             actions
             ,
             in
             relation
             to
             particular
             Persons
             ,
             cannot
             be
             justified
             by
             any
             Law
             ;
             so
             in
             truth
             ,
             did
             they
             never
             proceed
             from
             any
             Law
             ,
             but
             meerly
             from
             the
             passion
             or
             will
             of
             the
             man
             ,
             and
             connivance
             of
             the
             people
             ,
             who
             could
             bear
             that
             from
             this
             King
             ,
             that
             their
             Ancestors
             would
             never
             endure
             under
             any
             other
             .
             And
             yet
             in
             all
             the
             Grand
             concernments
             of
             the
             Nation
             ,
             the
             Law
             kept
             still
             upon
             the
             top
             ,
             nor
             did
             the
             King
             enter
             into
             any
             Competition
             therewith
             ,
             or
             lead
             the
             way
             thereunto
             ,
             other
             then
             by
             especiall
             allowance
             of
             the
             Parliament
             .
          
           
             For
             first
             ,
             its
             evident
             ,
             though
             the
             King
             was
             Supream
             Head
             of
             the
             Church
             ,
             yet
             this
             was
             not
             like
             the
             head
             of
             a
             mad
             man
             ,
             led
             by
             phaney
             without
             the
             Law
             of
             reason
             ,
             or
             reason
             of
             Law
             ;
             But
             it
             was
             defined
             ,
             circumscribed
             ,
             and
             formed
             thereby
             ,
             with
             Qualifications
             and
             Limitations
             ,
             as
             hath
             been
             already
             expressed
             in
             the
             former
             Chapter
             .
          
           
             Secondly
             ,
             it
             is
             no
             lesse
             cleare
             that
             the
             Legislative
             Power
             rested
             in
             the
             Parliament
             ,
             and
             not
             in
             the
             King
             ,
             when
             he
             was
             in
             his
             greatest
             height
             ;
             for
             as
             head
             of
             the
             Church
             ,
             he
             had
             no
             
             such
             power
             in
             Church
             matters
             ,
             or
             if
             he
             had
             such
             a
             right
             ,
             it
             was
             taken
             away
             by
             the
             Acts
             of
             Parliament
             ;
             nay
             ,
             when
             the
             Pope
             was
             yet
             possessed
             of
             this
             Headship
             ,
             the
             Parliament
             did
             determine
             the
             manner
             of
             the
             Worship
             of
             God
             ,
             in
             some
             particular
             cases
             ,
             as
             in
             the
             keeping
             of
             the
             Lords
             Day
             ,
             the
             Statute
             of
             Edward
             the
             Fourth
             ,
             
             to
             the
             honour
             of
             God
             did
             provide
             for
             the
             observing
             thereof
             ,
             and
             to
             the
             honour
             of
             God
             ,
             it
             was
             taken
             away
             by
             a
             Statute
             in
             the
             time
             of
             Henry
             the
             Eighth
             ,
             
             if
             the
             words
             of
             either
             Statute
             may
             be
             beleived
             .
             But
             more
             especially
             ,
             
             after
             that
             this
             Headship
             was
             translated
             to
             the
             King
             ,
             the
             Parliament
             provided
             ,
             that
             the
             Canons
             should
             be
             examined
             and
             allowed
             by
             the
             King
             ,
             and
             thirty
             two
             Persons
             ,
             one
             part
             of
             the
             Clergy
             ,
             the
             other
             of
             the
             Temporalty
             ,
             chosen
             by
             the
             King.
             And
             those
             that
             shall
             be
             assented
             unto
             and
             confirmed
             by
             the
             King
             ,
             and
             the
             thirty
             two
             Persons
             ,
             or
             the
             major
             part
             of
             them
             shall
             be
             obeyed
             ,
             and
             put
             in
             execution
             ,
             the
             residue
             shall
             be
             void
             :
             
               Provided
               nothing
               shall
               be
               done
               contrary
               to
               the
               Kings
               Prerogative
               ,
               or
               the
               Lawes
               and
               Customes
               of
               this
               Realm
            
             :
             So
             as
             the
             King
             had
             much
             ,
             but
             he
             had
             not
             all
             ;
             and
             what
             he
             had
             ,
             the
             Parliament
             gave
             him
             by
             a
             Law
             ,
             that
             was
             Executory
             all
             the
             dayes
             of
             Henry
             the
             Eighth
             ,
             
             by
             divers
             continuances
             ,
             and
             was
             not
             any
             power
             devolved
             to
             the
             Crowne
             ,
             under
             the
             Title
             of
             Supremacy
             ,
             nor
             by
             Vertue
             of
             the
             Act
             of
             Parliament
             concerning
             it
             ,
             but
             by
             the
             continuall
             influence
             from
             the
             Parliament
             upon
             the
             Crown
             ,
             as
             well
             before
             that
             Act
             as
             after
             ,
             derived
             upon
             it
             .
             The
             King
             hath
             then
             this
             right
             of
             Law
             making
             ,
             but
             it
             is
             with
             the
             thirty
             two
             he
             hath
             it
             ,
             but
             not
             his
             Successors
             .
          
           
             And
             lastly
             ,
             he
             hath
             it
             but
             by
             a
             derivative
             power
             from
             the
             Parliament
             ,
             and
             as
             a
             Committee
             for
             that
             service
             :
             and
             in
             a
             word
             ,
             he
             hath
             the
             Power
             ,
             but
             the
             Parliament
             hath
             still
             the
             Law
             of
             that
             Power
             .
          
           
             The
             second
             Priviledge
             of
             the
             Parliament
             hitherto
             ,
             concerneth
             onely
             Lawes
             concerning
             Church-government
             .
             In
             the
             next
             place
             commeth
             to
             be
             considered
             the
             Legislative
             Power
             in
             point
             of
             Doctrine
             ,
             which
             doubtless
             issueth
             from
             the
             same
             principle
             of
             Power
             with
             the
             former
             .
             For
             if
             the
             Church
             
             (
             which
             as
             a
             pillar
             and
             ground
             holdeth
             forth
             the
             truth
             )
             be
             the
             company
             of
             professing
             Beleevers
             ;
             then
             ought
             it
             not
             seem
             strange
             if
             these
             in
             their
             representative
             do
             intermeddle
             with
             this
             Power
             ,
             or
             rather
             duty
             ;
             and
             for
             the
             matter
             in
             fact
             ,
             neither
             did
             the
             King
             challenge
             this
             power
             ,
             nor
             did
             the
             Parliament
             make
             any
             difficulty
             of
             Conscience
             in
             executing
             the
             same
             ,
             and
             yet
             there
             were
             many
             Learned
             and
             Consciencious
             men
             of
             that
             number
             .
          
           
             They
             therefore
             ,
             as
             touching
             the
             doctrine
             ,
             proceed
             in
             the
             same
             way
             ,
             with
             that
             formerly
             mentioned
             concerning
             the
             discipline
             :
             And
             a
             Committee
             also
             is
             by
             them
             made
             of
             the
             King
             and
             Learned
             men
             ,
             to
             set
             down
             rules
             for
             Faith
             and
             obedience
             ,
             and
             for
             the
             order
             of
             the
             publique
             Worship
             of
             God
             ,
             
             according
             to
             the
             word
             of
             God
             ;
             and
             these
             rules
             are
             confirmed
             by
             a
             Statute
             ,
             so
             as
             the
             King
             hath
             a
             power
             in
             the
             point
             of
             Doctrine
             ,
             but
             it
             is
             a
             derivative
             power
             ,
             it
             is
             a
             limited
             power
             to
             himself
             and
             not
             to
             his
             Successors
             ,
             and
             to
             himself
             and
             others
             joyned
             with
             him
             .
          
           
             And
             Lastly
             ,
             nothing
             must
             be
             done
             contrary
             to
             the
             Lawes
             of
             the
             Kingdome
             .
          
           
             Secondly
             ,
             the
             Parliament
             hath
             not
             onely
             a
             right
             to
             grant
             and
             limit
             this
             power
             unto
             others
             ,
             but
             also
             to
             execute
             the
             same
             immediately
             by
             it self
             ;
             and
             therefore
             before
             they
             granted
             this
             power
             to
             this
             Committee
             ,
             whereas
             formerly
             the
             Pope
             usurped
             the
             power
             to
             be
             the
             Omega
             to
             the
             resolves
             of
             all
             Councills
             ,
             the
             Parliament
             intercepted
             that
             to
             their
             own
             jurisdiction
             in
             flat
             opposition
             to
             the
             infallibility
             of
             the
             Roman
             Chaire
             ,
             
             so
             farr
             as
             to
             Disherize
             some
             opinons
             which
             by
             the
             sentence
             of
             that
             infallible
             mouth
             ,
             had
             beene
             marked
             with
             that
             black
             brand
             of
             Heresie
             .
             And
             what
             they
             did
             before
             this
             Act
             of
             Delegation
             to
             the
             King
             and
             other
             Committees
             for
             this
             worke
             ,
             
             they
             did
             afterwards
             as
             not
             concluding
             their
             own
             power
             by
             any
             thing
             that
             they
             had
             so
             don
             as
             may
             appear
             by
             their
             Censure
             of
             the
             translation
             of
             the
             Bible
             ,
             made
             by
             Tindall
             :
             By
             their
             establishing
             another
             translation
             :
             By
             their
             ordering
             and
             appointing
             what
             persons
             might
             read
             the
             same
             :
             
             By
             their
             qualifying
             the
             six
             Articles
             ,
             and
             the
             like
             .
             The
             Parliament
             
             then
             hath
             a
             power
             which
             they
             may
             grant
             ,
             and
             yet
             grant
             nothing
             away
             ;
             they
             may
             limit
             this
             power
             in
             others
             as
             they
             will
             ,
             and
             yet
             not
             conclude
             themselves
             .
             And
             the
             King
             by
             accepting
             this
             limited
             power
             ,
             must
             disclaime
             both
             the
             originall
             and
             absolute
             right
             ,
             and
             cannot
             claime
             the
             same
             by
             right
             of
             head-ship
             or
             supremacy
             .
             This
             was
             one
             great
             windfall
             which
             the
             Parliament
             had
             from
             the
             ruines
             of
             Rome
             ,
             not
             by
             way
             of
             usurpation
             but
             re-seisure
             ,
             for
             their
             possession
             was
             ancient
             ,
             and
             though
             they
             had
             beene
             dispossest
             ,
             yet
             that
             possession
             was
             ever
             under
             a
             continuall
             claime
             ,
             and
             so
             the
             right
             was
             saved
             .
          
           
             A
             second
             that
             was
             no
             lesse
             fatall
             unto
             that
             See
             ;
             was
             the
             losse
             of
             all
             power
             over
             Ecclesiasticall
             persons
             in
             this
             Kingdome
             :
             For
             whereas
             the
             Popedome
             had
             doubly
             rooted
             it self
             in
             this
             Nation
             ,
             one
             way
             by
             the
             Regulars
             ,
             the
             other
             by
             the
             Seculars
             ;
             the
             Parliament
             by
             the
             dissolutions
             of
             Monastries
             ,
             &c.
             consumed
             one
             to
             ashes
             ,
             and
             by
             breaking
             the
             fealty
             between
             the
             other
             and
             the
             Pope
             ,
             parted
             the
             other
             root
             and
             the
             stock
             asunder
             ,
             &
             thence
             ensued
             the
             downfal
             of
             this
             tal
             Cedar
             in
             this
             Nation
             ;
             and
             Prelacy
             now
             left
             alone
             must
             fawn
             elsewhere
             or
             lye
             along
             ,
             a
             posture
             wherein
             that
             rank
             of
             men
             can
             never
             thrive
             :
             Up
             againe
             they
             peepe
             ,
             and
             espying
             a
             King
             that
             loved
             to
             towre
             aloft
             ,
             they
             suddainely
             catch
             hold
             ,
             promising
             their
             help
             to
             maintaine
             his
             flight
             ,
             and
             so
             are
             carried
             up
             ,
             and
             like
             a
             Cloud
             borne
             between
             Heaven
             and
             Earth
             ,
             making
             the
             Commons
             beholding
             to
             them
             for
             the
             Kings
             Sunn-shine
             ,
             and
             the
             King
             for
             their
             interests
             in
             the
             People
             ,
             and
             for
             his
             superlative
             advancement
             above
             them
             all
             .
             Now
             though
             the
             English
             Prelates
             may
             thinke
             their
             Orbe
             above
             the
             winds
             ,
             yet
             were
             they
             herein
             deceived
             .
             The
             Parliament
             had
             power
             in
             their
             Election
             ,
             before
             the
             Pope
             usurped
             that
             to
             himself
             ;
             now
             that
             they
             are
             discharged
             ,
             Kings
             are
             possessed
             of
             them
             by
             long
             desire
             ,
             but
             it
             is
             not
             by
             way
             of
             restitution
             ,
             for
             Kings
             were
             never
             absolutely
             possessed
             of
             any
             such
             power
             ,
             but
             as
             Committees
             of
             Parliament
             and
             by
             delegation
             and
             concession
             from
             them
             ,
             and
             therefore
             must
             render
             an
             account
             to
             them
             ,
             and
             abide
             their
             judgment
             when
             they
             are
             thereto
             called
             .
          
           
           
             Thirdly
             ,
             the
             Parliament
             had
             the
             disposing
             and
             ordering
             ,
             of
             all
             the
             Church
             Revenues
             ,
             as
             the
             Lawes
             concerning
             Monastries
             ,
             Sanctuaries
             ,
             Mortuaries
             ,
             First
             Fruits
             ,
             Tenths
             ,
             Annates
             ,
             and
             such
             like
             ,
             sufficiently
             manifesteth
             .
          
           
             Fourthly
             ,
             the
             Parliament
             had
             the
             power
             of
             granting
             Licenses
             ,
             Dispensations
             ,
             and
             Faculties
             ,
             setting
             a
             rule
             thereunto
             ,
             
             as
             in
             case
             of
             Nonresidency
             ,
             and
             delegating
             the
             power
             to
             Committees
             ,
             whereof
             see
             more
             in
             the
             Chapter
             following
             concerning
             ordinary
             jurisdiction
             .
          
           
             Fifthly
             ,
             the
             Parliament
             reserved
             the
             Cognisance
             of
             all
             appeales
             for
             finall
             sentence
             unto
             themselves
             ,
             and
             disposed
             of
             all
             the
             steps
             thereunto
             ,
             as
             unto
             them
             seemed
             most
             convenient
             :
             
             For
             though
             it
             be
             true
             in
             some
             cases
             the
             Arch-Bishop
             of
             Canterbury
             had
             the
             definitive
             sentence
             ,
             and
             in
             other
             Cases
             the
             Convocation
             ,
             yet
             was
             this
             but
             by
             a
             temporary
             Law
             ,
             and
             this
             also
             granted
             to
             them
             by
             the
             Parliament
             ,
             which
             took
             it
             away
             from
             the
             Pope
             ,
             and
             never
             interested
             the
             Crowne
             therein
             ,
             but
             made
             the
             Arch-Bishop
             and
             the
             Convocation
             their
             immediate
             Delegates
             so
             long
             as
             they
             saw
             good
             .
             Afterwards
             when
             they
             had
             done
             their
             work
             ,
             Viz.
             The
             determining
             the
             appeal
             and
             Divorce
             of
             Queen
             Katharine
             ,
             and
             some
             other
             matters
             ,
             
             the
             same
             hand
             that
             gave
             that
             power
             tooke
             it
             away
             and
             gave
             it
             (
             not
             to
             the
             King
             or
             Crowne
             )
             but
             to
             Delegates
             from
             the
             Parliament
             from
             time
             to
             time
             to
             be
             nominated
             by
             the
             King
             ,
             and
             may
             as
             wel
             alter
             the
             same
             &
             settle
             the
             power
             elsewhere
             when
             they
             please
             .
             And
             therefore
             after
             the
             appeale
             of
             the
             Dowager
             thus
             determined
             ,
             and
             the
             sentence
             definitive
             thus
             settled
             upon
             Delegates
             :
             The
             Parliament
             neverthelesse
             determined
             the
             other
             causes
             of
             the
             Marriages
             of
             the
             Lady
             
               Anne
               Bullen
            
             ,
             and
             the
             Lady
             Anne
             of
             Cleve
             ,
             the
             jurisdiction
             of
             the
             Crown
             never
             intermedling
             therein
             ;
             so
             as
             upon
             the
             whole
             ,
             it
             must
             be
             acknowledged
             ,
             that
             however
             the
             King
             was
             supreame
             head
             of
             causes
             Ecclesiasticall
             ,
             yet
             had
             not
             the
             definitive
             sentence
             in
             Appeales
             ,
             nor
             absolute
             Supremacy
             ,
             but
             that
             the
             same
             was
             left
             to
             the
             Parliament
             .
          
           
             Sixthly
             and
             Lastly
             ,
             what
             attempts
             the
             Parliament
             had
             met
             with
             ,
             partly
             from
             the
             designes
             of
             some
             great
             men
             that
             
             sought
             their
             own
             ends
             ,
             and
             partly
             from
             the
             endeavors
             of
             these
             Kings
             that
             sought
             their
             own
             heighth
             and
             greatnesse
             ,
             above
             their
             Peoples
             good
             ,
             hath
             beene
             already
             related
             ,
             and
             the
             utmost
             issue
             hath
             beene
             truly
             stated
             ,
             Viz.
             That
             the
             gaines
             have
             come
             to
             the
             Kings
             Persons
             and
             not
             to
             their
             Crowne
             ,
             and
             that
             therein
             they
             have
             put
             their
             Seale
             to
             the
             Law
             ,
             and
             made
             their
             submission
             to
             the
             Parliament
             ,
             as
             touching
             both
             their
             Persons
             ,
             and
             Power
             .
             Add
             hereunto
             ,
             that
             however
             Henry
             the
             eighth
             aimed
             much
             at
             himself
             in
             his
             ends
             in
             two
             other
             maine
             Interests
             that
             most
             nighly
             concerned
             him
             ,
             yet
             the
             cheife
             gaine
             came
             to
             the
             Parliament
             .
          
           
             The
             one
             concerned
             his
             owne
             Wife
             ,
             which-however
             so
             nighly
             related
             to
             him
             as
             next
             to
             his
             owne
             Person
             ,
             and
             under
             the
             determination
             of
             the
             immediate
             Law
             of
             God
             ,
             yet
             was
             so
             cast
             upon
             their
             sentence
             ,
             as
             if
             he
             durst
             adventure
             his
             owne
             Soule
             at
             their
             direction
             .
          
           
             The
             other
             concerned
             the
             Crowne
             ,
             to
             which
             he
             ought
             relation
             above
             his
             owne
             person
             ,
             which
             he
             laid
             downe
             at
             the
             feet
             of
             the
             Parliament
             ,
             seeking
             to
             their
             power
             to
             fulfill
             his
             owne
             pleasure
             :
             The
             ball
             is
             tossed
             up
             and
             downe
             ,
             somtimes
             amongst
             the
             issue
             betweene
             the
             King
             and
             the
             Lady
             
               Ann
               Bullen
            
             ,
             
             another
             while
             amongst
             the
             issue
             betweene
             him
             and
             the
             Lady
             
               Jane
               Seymor
            
             ,
             
             or
             such
             as
             the
             King
             should
             nominate
             by
             Letters
             Patents
             or
             last
             Will.
             After
             that
             ,
             to
             the
             Ladyes
             Mary
             and
             Elizabeth
             ,
             
             to
             performe
             conditions
             declared
             by
             the
             Kings
             Letters
             Patents
             ,
             or
             his
             last
             Will.
             The
             King
             then
             is
             trusted
             ,
             but
             he
             hath
             his
             trust
             from
             the
             Parliament
             ,
             the
             Crowne
             is
             intailed
             (
             as
             it
             hath
             beene
             ever
             since
             Richard
             the
             seconds
             time
             )
             but
             it
             is
             done
             by
             the
             Parliament
             :
             The
             reversion
             is
             in
             the
             the
             Clouds
             ,
             but
             the
             right
             of
             inheritance
             much
             more
             .
             The
             Conclusion
             of
             all
             is
             this
             ,
             the
             Parliament
             by
             serving
             these
             Kings
             turnes
             ,
             turned
             their
             turnes
             into
             their
             owne
             .
          
        
         
           
           
             CHAP.
             XXIX
             .
             Of
             the
             power
             of
             the
             Clergy
             ,
             in
             their
             Convocation
             .
          
           
             THe
             Convocation
             of
             the
             Clergy
             ,
             like
             some
             froward
             Children
             ,
             loves
             not
             new
             dressing
             ,
             though
             it
             be
             a
             gainer
             thereby
             .
             Before
             the
             Pope
             and
             Henry
             the
             Eighth
             were
             falne
             asunder
             ,
             their
             masters
             ,
             their
             minds
             ,
             their
             work
             ,
             all
             was
             double
             ;
             their
             Councels
             uncertain
             ,
             their
             Conclusions
             slow
             in
             Production
             ,
             and
             sleight
             in
             their
             Fruit
             and
             Consequence
             ;
             sometimes
             displeasing
             to
             the
             Pope
             ,
             sometimes
             to
             the
             King
             ,
             generally
             to
             themselves
             ;
             who
             naturally
             lingering
             after
             their
             own
             interests
             ,
             were
             compelled
             to
             feed
             that
             body
             that
             breathed
             in
             them
             ,
             rather
             then
             that
             wherein
             themselves
             breathed
             ;
             and
             so
             like
             hunted
             Squirrells
             ,
             from
             bough
             to
             bough
             ,
             were
             ever
             well
             tired
             ,
             yet
             hardly
             escaped
             with
             their
             owne
             skins
             in
             the
             conclusion
             .
             Now
             Henry
             the
             Eighth
             tenders
             them
             better
             conditions
             ,
             both
             for
             ease
             and
             Honour
             ,
             and
             more
             suitable
             to
             their
             own
             Interest
             ;
             yet
             they
             are
             loath
             to
             accept
             ,
             because
             they
             had
             been
             slaves
             by
             prescription
             .
          
           
             Formerly
             ,
             they
             were
             troubled
             with
             multiplicity
             of
             Summons
             ,
             
             somtimes
             from
             the
             King
             ,
             sometimes
             from
             the
             Pope
             ,
             sometimes
             from
             the
             Metropolitan
             ,
             and
             alwayes
             overdripped
             by
             a
             Forrain
             Power
             ,
             that
             they
             could
             propound
             nothing
             for
             the
             good
             of
             the
             Souls
             of
             themselves
             or
             others
             ,
             but
             must
             be
             blasted
             from
             without
             ;
             their
             labours
             lost
             ,
             their
             undertakings
             vain
             ,
             and
             themselves
             ,
             in
             the
             conclusion
             ,
             sit
             downe
             hoaked
             in
             their
             Consciences
             and
             desires
             .
             Now
             they
             are
             at
             no
             mans
             call
             ,
             
             but
             the
             Kings
             ,
             and
             that
             
               by
               Writ
               ,
               both
               Provinciall
            
             ,
             and
             
               Legate
               è
               Latere
            
             ,
             must
             meddle
             no
             more
             .
          
           
             Formerly
             ,
             it
             s
             taken
             for
             granted
             ,
             that
             Kings
             have
             no
             Vote
             
             in
             matters
             Ecclesiasticall
             ,
             though
             themselves
             be
             interested
             therein
             ;
             and
             therefore
             if
             he
             will
             accept
             of
             a
             Disme
             ,
             he
             must
             accept
             it
             ,
             
               Statu
               quo
            
             ,
             it
             is
             granted
             ;
             
             nor
             can
             he
             interpose
             his
             
             Dissent
             ,
             nor
             do
             they
             much
             care
             for
             his
             Consent
             :
             But
             whether
             the
             King
             be
             concerned
             or
             not
             concerned
             ,
             what
             they
             conclude
             ,
             they
             must
             maintain
             ,
             
               Vi
               &
               Clavibus
            
             ,
             although
             in
             right
             ,
             
             his
             Prerogative
             is
             above
             theirs
             .
             Now
             by
             the
             Statute
             ,
             the
             Kings
             Vote
             is
             asserted
             ,
             and
             a
             Negative
             Vote
             restored
             ,
             and
             himself
             made
             as
             well
             Head
             of
             the
             Convocation
             ,
             as
             the
             Church
             :
             nothing
             can
             passe
             there
             without
             his
             Concurrence
             ,
             nor
             come
             to
             the
             Consideration
             of
             the
             Parliament
             ,
             without
             his
             pleasure
             ;
             and
             thus
             the
             King
             hath
             a
             double
             Vote
             in
             every
             Church
             Ordinance
             :
             One
             ,
             as
             in
             the
             Parliament
             ,
             to
             passe
             the
             same
             as
             an
             Act
             of
             Parliament
             ,
             of
             which
             I
             conceive
             the
             Opinion
             of
             that
             Honourable
             Judge
             is
             to
             be
             understood
             ;
             the
             other
             ,
             
             as
             a
             Member
             of
             the
             Convocation
             ,
             to
             passe
             their
             advices
             to
             the
             Parliament
             ;
             and
             therefore
             he
             might
             either
             sit
             in
             person
             amongst
             them
             ,
             or
             by
             his
             Vicar
             ,
             as
             Henry
             the
             Eighth
             ,
             did
             by
             the
             Lord
             Cromwell
             :
             By
             the
             First
             ,
             the
             whole
             Kingdome
             was
             ingaged
             ▪
             By
             the
             Second
             ,
             the
             Convocation
             onely
             ,
             and
             that
             as
             a
             Court
             onely
             ,
             and
             not
             the
             representative
             of
             the
             Clergy
             ,
             because
             as
             they
             had
             a
             Spirituall
             relation
             ,
             so
             also
             they
             had
             the
             Common
             right
             of
             Free-men
             ,
             and
             therefore
             could
             not
             be
             bound
             without
             the
             Common
             consent
             of
             the
             Free-men
             .
          
           
             
             Thirdly
             ,
             as
             their
             power
             of
             Convention
             ,
             and
             power
             in
             Vote
             ,
             so
             their
             Originall
             right
             of
             Law
             making
             ,
             suffered
             a
             change
             :
             formerly
             they
             depended
             wholly
             upon
             a
             Divine
             right
             ,
             which
             some
             settled
             Originally
             in
             the
             Pope
             ;
             others
             ,
             in
             the
             Prelacy
             ,
             and
             some
             in
             the
             Clergy
             :
             But
             now
             they
             sit
             by
             a
             derivative
             power
             from
             the
             Act
             of
             Parliament
             ,
             from
             which
             as
             from
             their
             Head
             ,
             they
             receive
             life
             and
             power
             .
          
           
             
             Fourthly
             ,
             they
             suffered
             some
             change
             in
             the
             very
             work
             of
             their
             Convention
             ;
             for
             though
             formerly
             they
             claimed
             power
             to
             meddle
             onely
             with
             Ecclesiasticall
             matters
             ,
             yet
             that
             Notion
             was
             ambiguous
             ,
             and
             they
             could
             many
             times
             explicate
             it
             more
             largely
             ,
             then
             naturally
             .
             It
             is
             not
             to
             be
             denied
             ,
             but
             the
             matters
             concerning
             the
             Service
             and
             Worship
             of
             God
             ,
             are
             of
             Spirituall
             consideration
             ,
             but
             that
             such
             should
             be
             so
             strictly
             deemed
             ,
             to
             lie
             in
             the
             way
             of
             Church-men
             onely
             ,
             is
             
             to
             bring
             all
             Spirits
             within
             the
             Verge
             of
             Ecclesiasticall
             Jurisdiction
             ,
             and
             to
             leave
             the
             Civill
             power
             to
             rule
             onely
             dead
             Carkases
             ;
             much
             lesse
             can
             any
             other
             thing
             ,
             which
             by
             prescription
             hath
             not
             been
             of
             Ecclesiasticall
             Cognisance
             ,
             be
             called
             Spirituall
             .
          
           
             But
             to
             come
             to
             particulars
             ,
             because
             generalls
             edifie
             not
             :
             The
             Convocation
             claimed
             formerly
             power
             ,
             as
             Originally
             from
             it self
             ,
             to
             impose
             rules
             for
             government
             upon
             Church-men
             ,
             and
             Church-Officers
             ,
             and
             upon
             the
             Laity
             ,
             so
             far
             as
             extended
             to
             their
             Service
             of
             God
             :
             And
             also
             to
             charge
             the
             Estates
             of
             the
             Clergy
             ;
             and
             concerning
             Matrimoniall
             ,
             and
             Testamentary
             Causes
             :
             They
             claimed
             also
             a
             power
             to
             determine
             Doctrine
             and
             Heresies
             .
             Yet
             
               De
               Facto
            
             ,
             divers
             of
             these
             they
             never
             acted
             in
             that
             right
             ,
             wherein
             they
             claimed
             to
             hold
             Cognisance
             .
          
           
             First
             ,
             as
             touching
             the
             charging
             of
             the
             Estates
             of
             the
             Clergy
             ;
             If
             it
             was
             for
             the
             Kings
             Service
             ,
             they
             were
             ever
             summoned
             by
             the
             Kings
             Writt
             ,
             yet
             was
             not
             their
             Act
             binding
             immediately
             upon
             the
             passing
             of
             the
             Vote
             ,
             till
             the
             Parliament
             confirmed
             the
             same
             ;
             and
             therefore
             the
             old
             form
             of
             granting
             of
             Dismes
             ,
             was
             ,
             
               Per
               Clerum
               &
               Communitatem
            
             ,
             as
             by
             the
             pleading
             in
             the
             Abbot
             of
             Walthams
             Case
             appears
             ;
             
             for
             without
             their
             concurrence
             ,
             they
             had
             no
             power
             to
             charge
             any
             Free-man
             ,
             nor
             to
             levy
             the
             same
             ,
             but
             by
             their
             Church
             Censures
             ,
             which
             would
             stand
             them
             in
             no
             stead
             .
             And
             in
             this
             ,
             the
             Convocation
             suffered
             no
             alteration
             ,
             either
             in
             right
             or
             power
             ,
             by
             the
             change
             thus
             wrought
             by
             Henry
             the
             Eighth
             .
          
           
             Secondly
             ,
             as
             touching
             imposing
             Lawes
             upon
             the
             Laity
             ,
             
             in
             points
             of
             Worship
             and
             Doctrine
             ,
             its
             evident
             ,
             though
             they
             claimed
             such
             power
             ,
             they
             had
             it
             not
             ;
             for
             when
             all
             is
             done
             ,
             they
             were
             contented
             at
             length
             to
             get
             the
             Support
             of
             the
             Statute-Lawes
             of
             this
             Kingdome
             ,
             as
             may
             appear
             in
             the
             particular
             Lawes
             concerning
             the
             Lords
             Day
             ,
             and
             proceedings
             against
             Heretiques
             ,
             setling
             the
             Popedome
             in
             the
             time
             of
             the
             great
             Scisme
             ,
             &c.
             
             But
             now
             all
             Title
             of
             claim
             is
             quite
             taken
             from
             them
             ,
             and
             all
             is
             left
             in
             the
             Supream
             Legislative
             power
             of
             this
             Nation
             ,
             as
             formerly
             hath
             been
             already
             manifested
             .
          
           
           
             Thirdly
             ,
             as
             touching
             Matrimoniall
             causes
             ,
             their
             former
             power
             of
             making
             Lawes
             concerning
             them
             and
             Testamentary
             causes
             ,
             is
             now
             absolutely
             taken
             away
             ;
             onely
             concerning
             Matrimoniall
             matters
             ,
             they
             had
             so
             much
             of
             the
             Judicatory
             power
             concerning
             the
             same
             put
             upon
             them
             ,
             as
             might
             well
             serve
             the
             Kings
             own
             turn
             ;
             and
             that
             was
             for
             determining
             the
             matter
             between
             himself
             ,
             
             and
             the
             Lady
             
               Katharine
               Dowager
            
             ,
             depending
             before
             Arch-bishop
             Cranmer
             :
             For
             the
             King
             supposed
             the
             Pope
             ,
             a
             party
             ;
             and
             therefore
             meaned
             not
             that
             he
             should
             be
             his
             Judge
             :
             And
             thus
             ,
             though
             the
             Clergy
             had
             acknowledged
             the
             King
             to
             be
             their
             Supream
             Head
             ,
             yet
             in
             this
             ,
             he
             was
             content
             to
             acknowledge
             their
             Supremacy
             above
             him
             ,
             to
             judge
             between
             himself
             and
             his
             Queen
             ,
             and
             in
             other
             matters
             concerning
             himself
             :
             So
             as
             upon
             the
             whole
             matter
             ,
             the
             Convocation
             were
             gainers
             in
             some
             things
             ,
             in
             other
             things
             ,
             they
             were
             onely
             loosers
             of
             that
             ,
             which
             was
             none
             of
             their
             owne
             .
          
        
         
           
             CHAP.
             XXX
             .
             Of
             the
             power
             of
             the
             Clergy
             ,
             in
             their
             Ordinary
             Jurisdiction
             .
          
           
             THose
             Spirits
             are
             truely
             degenerate
             ,
             that
             being
             sensible
             of
             misery
             ,
             cannot
             stir
             up
             desires
             of
             change
             ,
             although
             the
             way
             thereto
             lies
             open
             before
             them
             :
             and
             this
             shewes
             the
             nature
             of
             the
             Romish
             yoke
             ,
             that
             it
             lay
             upon
             the
             Spirits
             of
             Men
             ,
             did
             intoxicate
             ,
             and
             make
             them
             drunk
             with
             their
             condition
             ;
             otherwise
             the
             Usurpations
             ,
             Oppressions
             ,
             Extortions
             ,
             and
             Incroachments
             of
             the
             Popedome
             ,
             upon
             the
             Bishops
             Sphear
             ,
             and
             the
             People
             under
             their
             charge
             ,
             could
             never
             have
             provoked
             such
             complaynings
             amongst
             all
             sorts
             ,
             in
             severall
             Ages
             ,
             from
             time
             to
             time
             .
             And
             now
             that
             Henry
             the
             Eighth
             ,
             undertakes
             to
             set
             them
             free
             ,
             so
             as
             they
             would
             acknowledge
             
             his
             Supremacy
             ,
             they
             all
             are
             struck
             dumb
             ,
             till
             a
             Premuniri
             taught
             them
             to
             speak
             ;
             and
             so
             were
             scared
             into
             a
             better
             condition
             then
             they
             would
             have
             had
             ,
             and
             into
             a
             more
             absolute
             Estate
             of
             Jurisdiction
             ,
             then
             they
             received
             from
             their
             Predecessors
             .
             The
             Pope
             had
             now
             usurped
             a
             power
             ,
             supra
             ordinary
             over
             all
             Appeals
             ,
             gained
             the
             definitive
             Sentence
             to
             the
             
               Roman
               See
            
             ▪
             and
             had
             holden
             this
             power
             by
             the
             space
             of
             foure
             hundred
             years
             ,
             and
             the
             King
             finding
             the
             root
             of
             all
             the
             mischeif
             to
             his
             Crown
             from
             abroad
             ,
             springing
             from
             that
             Principle
             ,
             meaned
             not
             to
             dispute
             the
             point
             with
             the
             Casuists
             ,
             but
             by
             one
             Statute
             ,
             took
             away
             all
             Appeals
             to
             Rome
             ,
             
             and
             determined
             Appeals
             from
             the
             Bishops
             Court
             ,
             in
             the
             Arch-Bishops
             Court
             ,
             and
             the
             Appeals
             from
             the
             Arch-Bishops
             Commissary
             ,
             in
             the
             Court
             of
             Audience
             :
             So
             as
             though
             in
             the
             Kings
             own
             Case
             ,
             the
             Convocation
             had
             the
             last
             blow
             ;
             yet
             in
             matters
             concerning
             the
             Subjects
             ,
             the
             Arch-Bishop
             was
             either
             more
             worthy
             ,
             or
             more
             willing
             with
             that
             trust
             :
             For
             though
             the
             Convocation
             might
             have
             as
             well
             determined
             all
             ,
             as
             well
             as
             the
             Pope
             ;
             yet
             for
             dispatch
             sake
             of
             a
             multitude
             of
             Appeals
             ,
             now
             depending
             at
             Rome
             ,
             and
             to
             prevent
             long
             attendance
             on
             the
             Convocation
             ,
             that
             now
             had
             much
             to
             doe
             in
             matters
             of
             more
             publick
             nature
             ,
             the
             utmost
             Appeal
             in
             such
             Cases
             is
             made
             Provinciall
             .
             This
             ,
             (
             whether
             priviledge
             or
             prejudice
             )
             the
             Ecclesiasticall
             Causes
             gained
             above
             the
             Civill
             ,
             whose
             definitive
             Sentence
             was
             reserved
             to
             the
             Parliament
             .
             And
             thus
             is
             the
             Arch-Bishop
             made
             Heire
             to
             the
             Pope
             ,
             in
             the
             greatest
             priviledge
             of
             a
             Pope
             ,
             to
             be
             chief
             Judge
             on
             Earth
             in
             matters
             Ecclesiasticall
             ,
             within
             his
             own
             Province
             .
             A
             trick
             that
             in
             my
             opinion
             much
             darkened
             the
             Glory
             of
             the
             Kings
             Title
             of
             Supream
             Head
             ,
             which
             the
             Church-men
             had
             formerly
             offered
             up
             to
             the
             Honour
             of
             the
             Crown
             of
             this
             Realm
             .
             For
             be
             it
             so
             ,
             that
             the
             Title
             is
             in
             the
             Crown
             by
             Remitter
             :
             yet
             cannot
             the
             same
             carry
             along
             with
             it
             any
             more
             then
             a
             lawfull
             power
             ,
             and
             whether
             all
             the
             Popes
             former
             power
             allowed
             him
             by
             the
             Canon
             ,
             or
             gained
             by
             Usurpation
             and
             Custome
             ,
             shall
             be
             said
             a
             lawfull
             power
             ,
             or
             whether
             the
             power
             of
             Review
             by
             Appeal
             ,
             shall
             be
             derived
             to
             the
             Crown
             ,
             under
             the
             generall
             
             Notion
             of
             Supremacy
             upon
             the
             Clergies
             submission
             ,
             is
             to
             me
             a
             doubt
             (
             albeit
             ,
             
             
               I
               must
               give
               Honour
               to
               the
               Judgement
               in
               Print
               )
            
             in
             regard
             that
             after
             the
             submission
             of
             the
             Clergy
             ,
             the
             matter
             concerning
             the
             Divorce
             of
             the
             Lady
             
               Katharine
               Dowager
            
             ,
             came
             before
             the
             Pope
             by
             Appeal
             ,
             and
             there
             depended
             the
             King
             himself
             also
             ,
             waiting
             upon
             that
             See
             for
             Justice
             ;
             and
             a
             definitive
             Sentence
             in
             that
             matter
             ,
             and
             thereby
             acknowledged
             the
             Popes
             power
             ,
             
               De
               facto
            
             :
             Notwithstanding
             ,
             the
             Clergies
             foregoing
             submission
             ,
             and
             being
             occasioned
             by
             the
             delay
             at
             Rome
             ,
             he
             procured
             this
             Statute
             concerning
             Appeals
             to
             be
             made
             ,
             whereby
             at
             one
             breath
             he
             took
             the
             Appeals
             to
             Rome
             away
             ,
             and
             settled
             them
             as
             formerly
             hath
             been
             mentioned
             ;
             all
             which
             was
             done
             two
             years
             before
             the
             Title
             of
             Supremacy
             was
             annexed
             ,
             or
             declared
             for
             to
             be
             to
             the
             Crown
             ,
             by
             Act
             of
             Parliament
             .
          
           
             And
             therfore
             ,
             as
             to
             me
             it
             appears
             ,
             the
             power
             of
             supream
             Cognisance
             of
             appeals
             was
             not
             in
             actuall
             possession
             of
             the
             Crown
             by
             the
             Clergies
             submission
             ;
             so
             was
             it
             actually
             vested
             in
             the
             Arch-Bishop
             ,
             before
             the
             Title
             of
             Supremacy
             was
             confirmed
             by
             Act
             of
             Parliament
             ;
             and
             so
             it
             never
             was
             in
             the
             Crowne
             actually
             possessed
             ,
             much
             lesse
             had
             the
             Crown
             the
             same
             by
             Remitter
             :
             For
             the
             Kings
             turn
             once
             served
             by
             the
             Convocation
             ,
             and
             the
             matter
             of
             the
             Divorce
             of
             Queen
             Katharine
             settled
             ,
             the
             King
             perceiving
             the
             slow
             Progresse
             of
             the
             Convocation
             ,
             the
             Members
             of
             the
             same
             not
             being
             yet
             sufficiently
             tuned
             to
             the
             present
             Affairs
             :
             And
             moderate
             Arch-Bishop
             Cranmer
             ,
             likewise
             foreseeing
             ,
             that
             the
             Odium
             of
             these
             Definitive
             Sentences
             would
             be
             too
             great
             for
             him
             to
             bear
             ;
             another
             Appeal
             is
             provided
             ,
             more
             for
             the
             Honour
             of
             the
             Crown
             ,
             to
             be
             from
             the
             Arch-Bishop
             to
             Delegats
             ,
             to
             be
             appointed
             by
             the
             King
             ,
             his
             Heirs
             ,
             and
             Successors
             ,
             so
             as
             though
             their
             Nomination
             be
             the
             Kings
             ,
             yet
             their
             power
             is
             deduced
             immediately
             from
             the
             Parliament
             ,
             which
             took
             the
             same
             from
             the
             Arch-Bishop
             ,
             and
             conferred
             it
             upon
             them
             .
          
           
             
             A
             second
             advantage
             not
             inferiour
             hereto
             ,
             which
             the
             Arch-Bishop
             gained
             out
             of
             the
             ruines
             of
             the
             Popedome
             ,
             was
             the
             power
             of
             Licenses
             ,
             and
             Dispensations
             ,
             or
             Faculties
             .
             In
             the
             
             Pope
             ,
             it
             was
             a
             transcendent
             power
             without
             any
             rule
             ,
             but
             what
             was
             tuned
             to
             him
             by
             the
             Bird
             in
             his
             own
             breast
             ;
             and
             was
             the
             ground
             of
             much
             license
             ,
             or
             rather
             licentiousnesse
             in
             the
             World
             :
             But
             in
             the
             Arch-Bishop
             ,
             they
             seem
             to
             be
             regulated
             .
          
           
             To
             be
             First
             ,
             
             in
             Causes
             not
             repugnant
             to
             the
             Law
             of
             God.
             
          
           
             Secondly
             ,
             such
             as
             are
             necessary
             for
             the
             Honour
             ,
             and
             Security
             of
             the
             King.
             
          
           
             Thirdly
             ,
             such
             as
             were
             formerly
             wont
             to
             be
             remedied
             at
             the
             See
             of
             Rome
             ;
             yet
             in
             truth
             ,
             left
             as
             much
             scope
             for
             the
             Conscience
             of
             the
             Arch-Bishop
             to
             walk
             in
             ,
             as
             the
             Pope
             had
             in
             former
             times
             ;
             a
             large
             Teather
             ,
             and
             greater
             priviledge
             then
             ever
             the
             Crown
             had
             ;
             by
             which
             ,
             although
             the
             King
             himself
             be
             like
             Saul
             ,
             higher
             by
             the
             head
             ,
             then
             all
             the
             People
             ,
             yet
             in
             many
             things
             Samuel
             is
             higher
             then
             he
             .
             The
             moving
             cause
             hereof
             ,
             is
             not
             difficult
             to
             find
             out
             :
             the
             King
             had
             but
             lately
             married
             the
             Lady
             
               Anne
               Bullen
            
             ;
             a
             thing
             that
             many
             startled
             at
             ,
             and
             the
             King
             himself
             not
             extreamly
             resolved
             in
             ;
             he
             would
             therfore
             have
             his
             way
             like
             that
             of
             the
             Zodiack
             ,
             broad
             enough
             for
             Planetary
             motion
             of
             any
             one
             that
             could
             not
             contain
             himself
             within
             the
             Eccliptick
             line
             of
             the
             Law
             ,
             and
             so
             shipped
             over
             the
             Popes
             power
             to
             the
             Chair
             of
             Canterbury
             ,
             and
             had
             made
             a
             Pope
             ,
             in
             stead
             of
             an
             Arch-Bishop
             ,
             but
             that
             the
             man
             was
             not
             made
             for
             that
             purpose
             .
             What
             the
             Ordinary
             Jurisdiction
             got
             ,
             or
             lost
             wee
             come
             in
             the
             next
             place
             to
             observe
             .
          
           
             First
             ,
             they
             had
             still
             their
             Courts
             and
             Judiciary
             power
             ,
             but
             upon
             what
             right
             ,
             may
             be
             doubted
             :
             Their
             first
             foundation
             was
             laid
             by
             the
             Civill
             power
             of
             a
             Law
             ,
             in
             the
             time
             of
             William
             the
             first
             Norman
             King
             ;
             yet
             the
             power
             of
             the
             Pope
             and
             Bishop
             growing
             up
             together
             ,
             they
             came
             to
             hold
             the
             Power
             of
             the
             Keyes
             by
             a
             Divine
             right
             ,
             and
             so
             continued
             ,
             untill
             these
             times
             of
             Henry
             the
             Eighth
             ,
             wherein
             they
             have
             a
             Retrospect
             to
             the
             Rock
             ,
             from
             whence
             they
             were
             first
             hewen
             ;
             and
             many
             seem
             to
             change
             their
             Tenure
             ,
             and
             therewith
             therefore
             are
             in
             right
             to
             change
             the
             Style
             of
             their
             Courts
             ,
             and
             Title
             of
             summons
             ,
             
             but
             the
             times
             not
             being
             very
             curious
             and
             the
             worke
             of
             Reformation
             but
             in
             fieri
             ;
             the
             more
             exact
             lineaments
             must
             be
             left
             to
             time
             to
             finish
             and
             beautifie
             .
             A
             greater
             blow
             did
             light
             upon
             the
             Lawe
             of
             these
             Courts
             ,
             which
             was
             left
             as
             doubtfull
             as
             the
             Canons
             ;
             all
             which
             are
             now
             put
             to
             the
             question
             ,
             and
             to
             this
             day
             never
             received
             full
             resolution
             ,
             but
             were
             left
             to
             the
             Parliament
             to
             determine
             them
             at
             leisure
             ;
             and
             in
             the
             meane
             time
             to
             the
             Judges
             of
             the
             common
             Law
             ,
             to
             determine
             the
             same
             Lawfull
             or
             Unlawfull
             ,
             as
             occasion
             should
             require
             :
             Neverthelesse
             the
             Courts
             still
             hold
             on
             their
             course
             according
             to
             their
             old
             Lawes
             ,
             and
             Customes
             ,
             for
             their
             forme
             of
             proceedings
             ,
             some
             say
             by
             prescription
             ,
             yet
             more
             rightly
             by
             permission
             ;
             it
             being
             a
             difficult
             matter
             to
             make
             prescription
             hold
             against
             a
             Statute
             Law
             :
             As
             touching
             the
             matters
             within
             their
             Cognisance
             the
             Law
             settled
             some
             ,
             and
             unsettled
             others
             .
          
           
             First
             ,
             as
             touching
             Heresie
             ,
             the
             Church-men
             formerly
             thought
             scorne
             the
             Lay
             Magistrate
             should
             intermeddle
             ,
             but
             not
             being
             able
             to
             stop
             the
             growth
             thereof
             by
             their
             Church-Censures
             ,
             prayed
             aid
             of
             the
             Civill
             Magistracy
             ;
             so
             by
             degrees
             arose
             the
             penalties
             of
             Imprisonment
             ,
             and
             burning
             ,
             which
             brought
             the
             whole
             matter
             into
             Cognisance
             before
             the
             Civill
             Magistrate
             ,
             because
             no
             Free-man
             might
             be
             proceeded
             against
             ,
             for
             losse
             of
             Life
             or
             Liberty
             ,
             but
             by
             the
             Lawes
             of
             the
             Nation
             ;
             
             and
             for
             this
             cause
             the
             Civill
             Magistrate
             granted
             the
             Writ
             of
             
               Habeas
               corpus
            
             ,
             and
             releived
             many
             times
             the
             party
             Imprisoned
             wrongfully
             or
             granted
             prohibition
             as
             they
             saw
             cause
             :
             
             And
             therefore
             it
             cannot
             be
             saide
             rightly
             ,
             that
             the
             sole
             or
             supreame
             Cognisance
             of
             this
             Crime
             of
             Heresie
             belonged
             to
             the
             Clergy
             before
             these
             times
             .
             Nor
             did
             their
             proceedings
             upon
             the
             Writ
             of
             Burning
             Warrant
             any
             such
             thing
             ,
             partly
             because
             till
             these
             times
             the
             Canon
             Law
             was
             the
             best
             ground
             that
             these
             proceedings
             had
             ,
             and
             the
             course
             therein
             was
             not
             so
             Uniforme
             as
             to
             permit
             the
             Title
             of
             a
             Custome
             to
             warrant
             the
             same
             :
             Conviction
             being
             sometimes
             by
             jury
             ,
             sometimes
             according
             to
             the
             Canon
             ,
             somtimes
             before
             the
             Ordinary
             ,
             sometimes
             before
             the
             Convocation
             ,
             
             sometimes
             before
             the
             King
             ,
             sometimes
             before
             speciall
             Delegates
             ,
             as
             the
             Histories
             of
             the
             Martyrs
             more
             particularly
             set
             forth
             ,
             and
             no
             Act
             of
             Parliament
             positive
             in
             the
             point
             .
             But
             the
             time
             is
             now
             come
             when
             nighest
             reformation
             ,
             that
             the
             thing
             is
             settled
             more
             to
             the
             prejudice
             of
             reformation
             then
             all
             the
             endeavoures
             foregoing
             ;
             like
             to
             the
             darknesse
             of
             the
             night
             ,
             that
             is
             at
             the
             Superlative
             degree
             when
             nighest
             break
             of
             Day
             .
             A
             Statute
             is
             now
             made
             ,
             that
             indeed
             quite
             blotted
             out
             the
             very
             name
             of
             the
             Statute
             of
             Henry
             the
             fourth
             ,
             
               De
               haeretico
               comburendo
            
             ,
             
             but
             made
             compleat
             that
             Statute
             of
             5
             Rich.
             2.
             and
             the
             other
             of
             2
             Hen.
             5.
             both
             which
             were
             formerly
             neither
             good
             in
             Law
             ,
             nor
             effectuall
             ,
             otherwise
             then
             by
             Power
             ;
             and
             gave
             more
             settlement
             to
             the
             Ordinaries
             proceedings
             in
             such
             Cases
             :
             For
             the
             Delinquent
             might
             be
             convict
             before
             the
             Ordinary
             by
             Witnesses
             ,
             or
             might
             be
             indicted
             at
             the
             Common
             Law
             ,
             and
             the
             indictment
             certified
             to
             the
             Ordinary
             as
             Evidence
             :
             yet
             did
             the
             Parliament
             carve
             them
             out
             their
             work
             ;
             and
             in
             expresse
             words
             declared
             ,
             That
             opinions
             against
             the
             Authority
             and
             Laws
             of
             the
             Bishop
             of
             Rome
             were
             not
             Heresie
             ,
             and
             by
             the
             same
             reason
             might
             have
             done
             more
             of
             that
             kind
             ,
             but
             that
             was
             enough
             to
             tell
             all
             the
             World
             that
             the
             Parliament
             could
             define
             what
             was
             not
             Heresie
             ,
             although
             they
             did
             not
             then
             determine
             what
             was
             Heresie
             :
             And
             thus
             the
             judgment
             of
             the
             Romane
             Church
             is
             called
             into
             question
             in
             one
             of
             their
             fundamentals
             ,
             and
             the
             Clergy
             left
             in
             a
             Muse
             ,
             concerning
             the
             rule
             upon
             ,
             which
             they
             were
             to
             proceed
             against
             this
             Crime
             .
          
           
             The
             Parliament
             within
             six
             yeares
             after
             ,
             undertakes
             ,
             though
             somewhat
             unhappily
             ,
             to
             determine
             and
             define
             certain
             points
             of
             Controversie
             ,
             which
             had
             some
             relation
             to
             the
             Worship
             of
             God
             ,
             and
             the
             publique
             Peace
             ,
             and
             declared
             the
             contrary
             to
             these
             determinations
             to
             be
             Heresie
             ,
             
             and
             the
             punishment
             to
             be
             Death
             and
             Forfeiture
             ,
             and
             the
             triall
             to
             be
             before
             Commissioners
             by
             Jury
             or
             testimony
             of
             two
             Witnesses
             ,
             or
             by
             examination
             in
             the
             Ecclesiasticall
             Court
             ,
             or
             inquisition
             in
             the
             Leete
             ,
             or
             Sessions
             of
             the
             Peace
             .
             Upon
             the
             whole
             matter
             therefore
             the
             Ordinary
             had
             a
             particular
             Power
             to
             determine
             Heresie
             ;
             
             but
             the
             Parliament
             determined
             such
             Heresies
             as
             were
             punishable
             ,
             with
             Death
             and
             Forfeiture
             ,
             by
             enumeration
             in
             the
             six
             Articles
             .
             This
             was
             the
             Clergies
             Primmer
             ,
             wherin
             they
             imployed
             their
             study
             ,
             as
             making
             most
             for
             their
             designe
             ,
             and
             laid
             aside
             thoughts
             of
             all
             other
             Heresies
             as
             drie
             Notions
             ,
             or
             old
             fashions
             laid
             aside
             ,
             and
             not
             worthy
             the
             setting
             forth
             to
             common
             sale
             .
          
           
             Secondly
             ,
             the
             Lesson
             concerning
             Marriage
             was
             no
             lesse
             difficult
             for
             the
             Clergy
             to
             take
             out
             :
             They
             were
             put
             by
             their
             former
             Authority
             derived
             from
             abroad
             ,
             and
             their
             ancient
             rule
             of
             the
             Canon
             Law
             ;
             with
             the
             Kings
             leave
             they
             do
             what
             they
             do
             ,
             
             and
             where
             they
             doubt
             they
             take
             his
             Commission
             ,
             so
             did
             the
             Arch-Bishop
             of
             Durham
             in
             the
             Case
             betweene
             John
             and
             
               Jane
               Fisher
            
             ;
             in
             the
             Kings
             Case
             the
             determining
             part
             is
             put
             to
             the
             Parliaments
             Conclusion
             ;
             and
             for
             a
             rule
             in
             other
             Cases
             ,
             
             some
             persons
             are
             enabled
             to
             Marry
             which
             formerly
             were
             not
             ,
             Viz
             :
             Masters
             of
             the
             Chancery
             ,
             and
             Doctors
             of
             the
             Civill
             Law
             ;
             
             and
             some
             forbidden
             Marriage
             ,
             as
             all
             Preists
             by
             the
             Statute
             of
             the
             six
             Articles
             .
             And
             unto
             the
             rest
             concerning
             degrees
             of
             Consanguinity
             ,
             
             or
             Affinity
             ,
             a
             particular
             enumeration
             is
             appointed
             to
             be
             observed
             ;
             within
             which
             ,
             Marriage
             is
             declared
             unlawfull
             ,
             all
             other
             further
             off
             are
             made
             lawfull
             .
             In
             all
             which
             regards
             the
             Cognisance
             of
             Matrimoniall
             Causes
             is
             theirs
             onely
             by
             leave
             .
          
           
             Thirdly
             ,
             Residency
             ,
             and
             Nonresidency
             ,
             was
             a
             Theame
             formerly
             learned
             from
             the
             Canon
             Law
             ,
             in
             which
             as
             also
             in
             the
             thing
             it self
             the
             Clergy
             were
             the
             onely
             skilfull
             men
             .
             The
             rule
             of
             the
             Canon
             Law
             was
             strict
             enough
             ,
             considering
             the
             times
             ,
             but
             it
             was
             not
             steel
             to
             the
             back
             .
             The
             Parliament
             now
             undertakes
             the
             cause
             ;
             and
             though
             it
             gave
             ,
             in
             some
             respects
             ,
             more
             liberty
             then
             the
             Canon
             ,
             yet
             stood
             it
             better
             to
             its
             tackling
             ,
             and
             kept
             a
             stricter
             hand
             upon
             the
             reines
             ,
             then
             was
             formerly
             used
             ,
             and
             by
             giving
             a
             generall
             rule
             for
             Dispensation
             ,
             
             took
             away
             all
             arbitrary
             Dispensations
             ,
             and
             Licences
             ,
             which
             were
             formerly
             granted
             beyond
             all
             rule
             ,
             but
             that
             of
             Silver
             or
             Gold
             ;
             and
             made
             all
             practises
             contrary
             to
             the
             rule
             damageable
             to
             the
             party
             .
             Thus
             far
             concerning
             the
             matters
             
             in
             Cognisance
             ;
             now
             touching
             the
             Power
             of
             the
             Keyes
             ,
             English
             ▪
             Prelacy
             having
             laid
             aside
             the
             pretentions
             of
             Rome
             ,
             they
             put
             the
             World
             to
             a
             gaze
             ,
             to
             see
             which
             way
             they
             would
             go
             .
             In
             the
             inocent
             infancy
             of
             Prelacy
             it
             was
             led
             by
             the
             hand
             ,
             by
             the
             Presbytery
             ;
             and
             would
             doe
             nothing
             without
             them
             ,
             afterwards
             having
             gained
             some
             degree
             of
             heighth
             ,
             and
             strength
             ,
             they
             entred
             themselves
             to
             be
             Chariot
             Horses
             to
             the
             Roman
             Sun
             ,
             till
             they
             had
             set
             all
             on
             fire
             ;
             now
             unharnest
             ,
             it
             is
             expected
             they
             should
             returne
             to
             their
             former
             wits
             ;
             neverthelesse
             forgetting
             their
             ancient
             yokefellowes
             ,
             the
             rurall
             Presbyters
             ,
             they
             stable
             with
             the
             King
             ,
             use
             his
             name
             sometimes
             ,
             but
             more
             often
             their
             owne
             ;
             serving
             him
             with
             Supremacy
             as
             he
             them
             with
             Authority
             beyond
             their
             Spheare
             ;
             they
             raise
             him
             above
             Parliament
             ,
             he
             them
             above
             Councills
             ;
             
             so
             as
             they
             do
             what
             they
             list
             ,
             let
             the
             Plebeian
             Presbyter
             wil
             or
             nill
             ;
             they
             are
             the
             onely
             numerall
             Figures
             ,
             and
             the
             other
             but
             Ciphers
             ,
             to
             make
             them
             ,
             
               Omnibus
               numeris
               absoluti
            
             :
             Neverthelesse
             the
             Canon
             still
             remaines
             the
             same
             ,
             
               Episcopi
               se
               debent
               scire
               Presbyteros
               ,
               non
               Dominos
               nec
               debent
               in
               clerum
               dominari
               ,
               Episcopus
               se
               sedente
               non
               permittat
               Presbyterum
               stare
               .
            
             
             
               Episcopi
               noverint
               se
               magis
               consuetudine
               quam
               dispensatione
               Presbyteris
               majores
               ,
            
             Kings
             may
             make
             them
             Lords
             ,
             but
             as
             Bishops
             they
             hold
             their
             former
             rank
             assigned
             by
             the
             Canon
             ,
             as
             Lords
             the
             King
             never
             gave
             them
             the
             keyes
             ,
             and
             as
             Bishops
             the
             Canon
             did
             not
             ;
             yet
             as
             under
             the
             joynt
             Title
             of
             Lord
             Bishops
             ,
             they
             hold
             themselves
             priviledged
             to
             get
             what
             power
             they
             can
             ;
             two
             things
             they
             reach
             at
             ,
             Viz.
             The
             absolute
             power
             of
             Imprisonment
             ,
             
             and
             of
             Excommunication
             in
             all
             causes
             Ecclesiasticall
             .
             The
             common
             Law
             would
             never
             yeeld
             this
             ;
             some
             Statutes
             in
             some
             cases
             did
             pretend
             :
          
           
             First
             ,
             as
             touching
             Imprisonment
             ,
             the
             Statute
             of
             Henry
             the
             fourth
             concerning
             Heresie
             doth
             lispe
             some
             such
             Power
             ;
             of
             what
             force
             the
             same
             Statute
             is
             hath
             been
             already
             observed
             ,
             
             in
             case
             of
             incontinency
             of
             Church-men
             ,
             it
             is
             more
             directly
             given
             them
             by
             a
             Statute
             in
             Henry
             the
             sevenths
             time
             ,
             before
             which
             time
             the
             Statute
             it self
             doth
             initimate
             ,
             that
             an
             Action
             did
             lye
             against
             them
             for
             such
             imprisonment
             ,
             which
             Law
             also
             
             was
             made
             uselesse
             by
             another
             in
             Henry
             the
             eighths
             time
             ,
             who
             gave
             away
             to
             Statutes
             for
             the
             punishing
             them
             at
             the
             common
             Law.
             
          
           
             
             First
             ,
             with
             Death
             ,
             which
             continued
             for
             some
             Months
             ,
             and
             that
             being
             found
             too
             heavy
             ,
             it
             was
             punished
             by
             another
             Law
             ,
             with
             Forfeiture
             and
             Imprisonment
             .
             And
             the
             same
             King
             likewise
             gave
             way
             to
             a
             law
             for
             the
             like
             punishment
             in
             case
             of
             Heresie
             .
             By
             that
             Law
             that
             revoked
             the
             Statute
             of
             Henry
             the
             fourth
             formerly
             mentioned
             ,
             although
             till
             triall
             ,
             the
             same
             was
             bailable
             :
             And
             thus
             continued
             till
             the
             time
             of
             Edward
             the
             sixth
             .
          
           
             But
             as
             touching
             Excommunication
             ,
             it
             was
             to
             no
             purpose
             for
             them
             to
             struggle
             ,
             the
             common
             Law
             would
             never
             permit
             them
             to
             hold
             possession
             quietly
             ;
             but
             did
             examine
             their
             Authority
             ,
             
             granted
             prohibition
             ,
             enjoyned
             the
             Ordinary
             to
             grant
             absolution
             where
             it
             saw
             cause
             ;
             neverthelesse
             in
             some
             cases
             Henry
             the
             Eighth
             gives
             way
             to
             some
             Statutes
             to
             allow
             them
             this
             power
             ,
             as
             in
             the
             levying
             of
             Tenths
             .
             In
             the
             next
             place
             the
             Prelacy
             had
             not
             this
             Ecclesiasticall
             jurisdiction
             in
             themselves
             so
             as
             to
             grant
             it
             to
             others
             but
             the
             Parliament
             did
             dispose
             thereof
             ,
             not
             only
             to
             Bishops
             but
             to
             Chancellors
             ,
             Vicars
             generall
             ,
             Commissaries
             ,
             being
             Doctors
             of
             the
             Law
             ,
             and
             not
             within
             holy
             Orders
             ,
             
             and
             limiting
             their
             jurisdiction
             in
             cases
             concerning
             the
             Papall
             jurisdiction
             ;
             and
             their
             manner
             of
             sending
             their
             processe
             and
             Citations
             ,
             to
             draw
             men
             from
             their
             proper
             Diocesse
             ,
             
             and
             also
             their
             inordinate
             Fees
             in
             cases
             Testamentary
             .
             
             The
             Prelates
             therefore
             might
             possibly
             make
             great
             claim
             hereof
             ,
             for
             generally
             they
             were
             still
             of
             the
             old
             stamp
             ,
             loved
             to
             have
             all
             by
             Divine
             right
             and
             lived
             they
             cared
             not
             by
             what
             wrong
             :
             But
             the
             Laity
             inclining
             too
             much
             to
             the
             new
             Religion
             ,
             as
             then
             it
             was
             termed
             ,
             refused
             to
             yeeld
             one
             foot
             unto
             their
             pretentions
             :
             And
             so
             like
             two
             Horses
             tied
             together
             by
             their
             Bits
             ,
             indeavor
             after
             severall
             courses
             ,
             ever
             and
             anon
             kicking
             one
             at
             another
             ,
             yet
             still
             bestrode
             by
             a
             King
             that
             was
             joynted
             for
             the
             purpose
             ;
             and
             so
             good
             a
             horse-man
             that
             neither
             of
             them
             could
             unhorse
             ,
             him
             till
             Death
             laid
             him
             on
             the
             ground
             .
             And
             thus
             was
             the
             Romane
             Eagle
             deplumed
             ,
             
             every
             Bird
             had
             its
             own
             feathers
             ,
             the
             great
             men
             the
             Honours
             and
             Priviledges
             ,
             the
             meaner
             men
             the
             profits
             ,
             and
             so
             an
             end
             to
             Annates
             ,
             
               Legatine
               levies
               ,
               Peterpence
               ,
               Mortuaries
               ,
               Monestries
               ,
            
             and
             all
             that
             retinue
             ,
             the
             vast
             expences
             by
             Bulls
             and
             Appeales
             to
             Rome
             ,
             to
             all
             the
             cares
             ,
             expences
             ,
             and
             toile
             in
             attendance
             on
             the
             Romane
             Chaire
             :
             The
             beginning
             of
             all
             the
             happinesse
             of
             England
             .
          
        
         
           
             CHAP.
             XXXI
             .
             Of
             Judicature
             .
          
           
             THese
             two
             Kings
             were
             men
             of
             towreing
             Spirits
             ,
             liked
             not
             to
             see
             others
             upon
             the
             wing
             ,
             in
             which
             regard
             it
             was
             dangerous
             to
             be
             great
             ,
             and
             more
             safe
             not
             to
             be
             worthy
             of
             regard
             :
             Especially
             in
             the
             times
             of
             Henry
             the
             eighth
             ,
             whose
             motion
             was
             more
             eager
             ;
             and
             there
             was
             no
             comming
             nigh
             to
             him
             ,
             but
             for
             such
             as
             were
             of
             his
             own
             traine
             ,
             and
             would
             follow
             as
             fast
             as
             he
             would
             lead
             ;
             and
             therefore
             generally
             the
             Commons
             had
             more
             cause
             to
             praise
             the
             King
             for
             his
             Justice
             then
             the
             Nobility
             had
             .
             Both
             the
             Kings
             loved
             the
             aire
             of
             profit
             passing
             well
             (
             but
             the
             later
             was
             not
             so
             well
             breathed
             )
             and
             therefore
             had
             more
             to
             do
             with
             Courts
             which
             had
             the
             face
             of
             Justice
             :
             But
             behinde
             were
             for
             the
             Kings
             Revenue
             :
             Such
             were
             the
             Court
             of
             Requests
             ,
             of
             meane
             originall
             ,
             meane
             education
             ,
             yet
             by
             continuance
             attained
             to
             a
             high
             growth
             :
             The
             Court
             of
             Tenths
             and
             first
             fruits
             :
             The
             Court
             of
             Surveyors
             :
             The
             Court
             of
             the
             Lord
             Steward
             of
             the
             houshold
             :
             The
             Court
             of
             Commission
             before
             the
             Admirall
             :
             The
             Court
             of
             Wards
             ;
             The
             Court
             of
             the
             President
             of
             the
             North
             :
             The
             Prerogative
             Court
             :
             The
             Court
             of
             Delegates
             :
             The
             Court
             of
             Commission
             of
             Review
             :
             Others
             of
             more
             private
             regard
             :
             and
             (
             that
             which
             might
             have
             given
             the
             name
             to
             all
             the
             rest
             )
             the
             Court
             of
             Augmentation
             .
             Besides
             these
             there
             were
             some
             in
             Wales
             ;
             but
             that
             which
             concerned
             more
             the
             matter
             of
             Judicature
             ,
             was
             the
             losse
             of
             that
             grand
             liberty
             of
             
             that
             Countrey
             formerly
             a
             province
             belonging
             to
             this
             Nation
             and
             now
             by
             Henry
             the
             eighth
             incorporated
             into
             the
             same
             ,
             
             and
             made
             a
             Member
             thereof
             ,
             and
             brought
             under
             the
             same
             fundamentall
             Law
             ;
             a
             work
             that
             had
             now
             been
             long
             a
             doing
             ,
             and
             from
             the
             time
             of
             Edward
             the
             third
             brought
             on
             to
             perfection
             by
             degrees
             .
          
           
             First
             ,
             by
             annexing
             the
             Tenure
             of
             the
             Marches
             to
             the
             Crowne
             :
             Then
             upon
             occasion
             of
             their
             rebellion
             by
             losse
             of
             many
             of
             their
             wonted
             liberties
             .
             Afterwards
             Henry
             the
             eighth
             defaced
             the
             bounds
             of
             diverse
             the
             ancient
             Counties
             and
             setled
             them
             a
             new
             and
             the
             bounds
             of
             the
             Marches
             also
             ,
             and
             appointed
             Plees
             in
             Courts
             of
             Judicature
             to
             be
             holden
             in
             the
             English
             tongue
             .
          
           
             And
             last
             of
             all
             reunited
             them
             again
             to
             the
             English
             Nation
             ,
             giving
             them
             vote
             in
             Parliament
             as
             other
             parcell
             of
             the
             English
             Dominions
             had
             .
             
             True
             it
             is
             ,
             that
             from
             their
             first
             submission
             even
             unto
             Edward
             the
             first
             they
             were
             summoned
             unto
             Parliament
             ,
             and
             had
             vote
             there
             ,
             but
             onely
             in
             order
             to
             the
             Interests
             of
             their
             own
             Countrey
             ,
             
             now
             and
             henceforth
             they
             possesse
             one
             and
             the
             same
             vote
             as
             English
             men
             .
             Secondly
             ,
             as
             Courts
             and
             Judicatories
             multiplied
             ,
             so
             some
             also
             of
             those
             that
             were
             ancient
             enlarged
             their
             Jurisdiction
             ,
             especially
             such
             of
             them
             as
             most
             nighly
             related
             to
             Prerogative
             ;
             amomgst
             others
             ,
             the
             privy
             Councell
             leads
             the
             way
             :
             Who
             now
             began
             to
             have
             too
             much
             to
             do
             ,
             in
             a
             double
             capacity
             ,
             one
             at
             the
             Councell
             Table
             ,
             the
             other
             in
             the
             Star
             Chamber
             :
             For
             now
             their
             Power
             began
             to
             be
             diversly
             considered
             .
             In
             their
             first
             capacity
             they
             had
             too
             much
             of
             the
             Affaires
             of
             the
             Common
             Pleas
             ,
             in
             the
             later
             they
             had
             too
             much
             of
             the
             Crown
             Pleas
             ;
             both
             of
             them
             serving
             rather
             to
             scare
             men
             from
             doing
             wrong
             ,
             then
             to
             do
             any
             man
             right
             .
             And
             therefore
             though
             some
             men
             might
             seeme
             to
             have
             some
             recompence
             ,
             yet
             the
             greatest
             gain
             fell
             to
             the
             King
             and
             his
             Courtiers
             ,
             and
             thus
             became
             Majesty
             ,
             or
             State
             ,
             or
             Prerogative
             ,
             to
             be
             more
             feared
             then
             beloved
             .
             What
             the
             Power
             of
             the
             Councell
             was
             formerly
             hath
             already
             beene
             manifested
             ,
             that
             which
             both
             these
             Kings
             conspired
             in
             ,
             and
             whereby
             they
             gained
             more
             Power
             over
             the
             People
             
             then
             all
             their
             Predecessors
             ,
             was
             this
             ,
             that
             other
             Kings
             stood
             too
             much
             upon
             their
             own
             leggs
             ,
             these
             leaned
             much
             upon
             the
             Lords
             ,
             and
             gained
             the
             Lords
             to
             stick
             close
             to
             them
             ;
             and
             in
             this
             they
             had
             both
             the
             Kings
             Love
             and
             the
             Peoples
             Leave
             ,
             who
             now
             disjoynted
             upon
             severall
             Interests
             ,
             especially
             that
             of
             Religion
             ,
             must
             be
             contented
             to
             let
             go
             that
             which
             they
             had
             no
             heart
             to
             hold
             .
             And
             thus
             they
             obtained
             a
             judicatory
             Power
             over
             the
             people
             ;
             like
             that
             of
             great
             men
             whose
             Censures
             are
             commonly
             above
             capacity
             ,
             and
             not
             like
             to
             that
             of
             the
             Peers
             .
             This
             was
             begun
             in
             Henry
             the
             sevenths
             time
             ,
             who
             taking
             occasion
             to
             complain
             of
             corruption
             and
             neglect
             in
             ordinary
             Trialls
             of
             the
             Common
             Law
             ,
             gets
             the
             People
             to
             yeild
             to
             the
             Councell
             ,
             or
             some
             of
             them
             ,
             a
             Power
             of
             Oier
             and
             Terminer
             ,
             by
             examination
             upon
             Bill
             or
             information
             in
             matters
             concerning
             Maintenance
             ,
             Liveries
             ,
             Retainders
             ,
             Embraceries
             corruption
             in
             Sheriffs
             ,
             and
             Juries
             ,
             Riots
             ,
             
             and
             unlawfull
             Assemblies
             ,
             Crimes
             all
             of
             them
             of
             the
             same
             Blood
             with
             rebellion
             ,
             which
             the
             King
             as
             much
             hated
             as
             the
             thought
             of
             his
             Title
             to
             the
             Crowne
             ;
             and
             therefore
             would
             have
             it
             feared
             ,
             as
             much
             as
             the
             punishment
             by
             such
             a
             mighty
             Power
             ;
             and
             a
             Triall
             of
             a
             dreadfull
             Nature
             could
             effect
             .
             A
             Triall
             I
             say
             ,
             wherein
             both
             the
             guilty
             and
             the
             guiltlesse
             adventure
             their
             whole
             Estates
             ,
             against
             the
             edge
             of
             the
             arbitrary
             wills
             of
             great
             men
             of
             unknown
             Interests
             ,
             in
             an
             unknown
             way
             ,
             at
             unknown
             places
             ;
             having
             no
             other
             assurance
             ,
             how
             ,
             or
             when
             to
             come
             off
             ,
             but
             a
             Proclamation
             to
             tell
             the
             People
             ,
             that
             the
             King
             above
             all
             things
             delighted
             in
             Justice
             .
             A
             bitter
             pill
             this
             was
             for
             the
             People
             to
             swallow
             ,
             yet
             it
             was
             so
             artificially
             composed
             ,
             that
             at
             the
             first
             taste
             it
             gave
             a
             prety
             rellish
             ,
             the
             King
             delights
             in
             Justice
             ,
             
             the
             Chancellor
             hath
             his
             Conscience
             ,
             the
             Arch-Bishop
             brings
             Religion
             ,
             the
             Judges
             bring
             Law
             ,
             so
             as
             its
             probable
             nothing
             will
             be
             done
             but
             according
             to
             Justice
             ,
             Conscience
             ,
             Religion
             ,
             and
             Law
             ;
             a
             very
             faire
             mixture
             but
             that
             there
             was
             a
             Treasurer
             in
             the
             Case
             ,
             yet
             the
             successe
             answered
             not
             expectation
             ,
             the
             Persons
             offended
             were
             many
             times
             inferiour
             and
             their
             estates
             not
             great
             ,
             the
             Offenders
             more
             meane
             and
             of
             desperate
             fortunes
             ;
             
             for
             great
             men
             were
             too
             wise
             to
             try
             this
             new
             way
             ,
             or
             to
             tast
             of
             their
             entertainment
             .
             Therefore
             within
             nine
             yeares
             the
             Judges
             of
             Assize
             are
             betrusted
             with
             all
             ,
             and
             that
             Court
             so
             continued
             for
             as
             many
             yeares
             more
             ;
             
             and
             then
             the
             King
             marked
             out
             one
             Crime
             amongst
             the
             rest
             for
             his
             owne
             tooth
             ,
             belonging
             to
             the
             great
             men
             onely
             ,
             for
             they
             onely
             are
             able
             to
             commit
             the
             Crime
             ,
             and
             to
             give
             recompence
             sutable
             to
             the
             Kings
             Appetite
             :
             It
             is
             giving
             of
             Liveries
             ,
             and
             Retainders
             ,
             a
             sore
             evill
             in
             the
             eyes
             of
             a
             jealous
             King
             ,
             tending
             to
             draw
             the
             inferiour
             sort
             to
             honour
             and
             admire
             ,
             and
             be
             of
             the
             suit
             of
             those
             of
             the
             greater
             sort
             ,
             and
             then
             beware
             the
             Crown
             .
             These
             therefore
             must
             be
             tried
             before
             the
             King
             himself
             and
             his
             Councell
             ,
             that
             he
             may
             know
             whom
             he
             is
             to
             feare
             ,
             
             and
             of
             whom
             to
             take
             heed
             .
             And
             herewith
             is
             a
             strange
             power
             given
             ,
             to
             summon
             upon
             a
             meere
             Suspition
             :
             To
             proceed
             without
             information
             :
             To
             examine
             the
             Defendant
             upon
             Oath
             and
             make
             him
             his
             own
             Accuser
             .
             To
             punish
             according
             to
             discretion
             ,
             by
             fine
             and
             Imprisonment
             ;
             and
             thus
             the
             King
             and
             his
             Councell
             have
             gotten
             a
             power
             under
             colour
             of
             Liveries
             and
             Retainders
             ,
             to
             bring
             the
             whole
             Kingdome
             to
             be
             of
             their
             Livery
             ,
             or
             else
             they
             can
             suspect
             whom
             they
             please
             ;
             apprehend
             whom
             they
             suspect
             ,
             put
             him
             presently
             to
             the
             rack
             of
             confession
             ,
             and
             so
             into
             prison
             till
             he
             hath
             satisfied
             both
             displeasure
             ,
             and
             jealousie
             ,
             and
             covetousnesse
             it self
             .
             Never
             was
             England
             before
             now
             in
             so
             low
             a
             degree
             of
             thraldome
             ,
             bound
             under
             a
             double
             knot
             of
             self-accusing
             ,
             and
             arbitrary
             Censure
             ,
             and
             this
             out-reached
             ,
             not
             onely
             in
             matters
             meerly
             civill
             ,
             tending
             to
             the
             common
             Peace
             ,
             but
             was
             intruded
             also
             into
             matters
             Ecclesiasticall
             in
             order
             to
             the
             Peace
             of
             the
             Church
             .
             All
             bound
             unto
             the
             good
             behaviour
             both
             in
             Body
             and
             Soul
             ,
             under
             perill
             of
             losse
             of
             all
             that
             a
             man
             hath
             deare
             to
             him
             in
             this
             World.
             The
             plot
             of
             all
             this
             was
             first
             laid
             by
             Henry
             the
             seventh
             ,
             and
             was
             followed
             by
             Henry
             the
             eighth
             ,
             who
             put
             that
             into
             practise
             (
             which
             his
             Father
             had
             in
             designe
             )
             being
             led
             thereto
             by
             such
             a
             skilfull
             Guid
             as
             Cardinall
             Woolsie
             was
             ,
             who
             ,
             though
             of
             meane
             Birth
             ,
             yet
             of
             a
             Spirit
             above
             a
             King
             ,
             and
             equall
             to
             
             the
             Popedome
             ,
             strained
             the
             string
             of
             Prerogative
             to
             its
             utmost
             heighth
             ,
             and
             then
             taught
             the
             King
             to
             play
             thereon
             ;
             which
             he
             did
             after
             his
             blunt
             manner
             till
             his
             dying
             day
             .
             And
             thus
             though
             the
             Clergy
             are
             brought
             a
             Peg
             lower
             ,
             and
             the
             Nobility
             advanced
             higher
             ,
             yet
             was
             it
             the
             pollicy
             of
             these
             Kings
             to
             make
             them
             all
             of
             their
             own
             Livery
             and
             Retaindership
             ,
             to
             keep
             them
             in
             an
             upper
             region
             ,
             looking
             on
             the
             poore
             Commons
             at
             a
             distance
             far
             below
             ;
             and
             well
             it
             was
             for
             the
             Commons
             thus
             to
             be
             ,
             till
             the
             influence
             of
             these
             blazing
             Stars
             grew
             cooler
             .
          
        
         
           
             CHAP.
             XXXII
             .
             Of
             the
             Militia
             .
          
           
             IT
             may
             fall
             within
             the
             verge
             of
             opinion
             ,
             that
             the
             guilty
             Title
             of
             Henry
             the
             seventh
             to
             the
             Crowne
             of
             England
             ,
             galled
             his
             minde
             with
             jealousie
             the
             greatest
             part
             of
             his
             Reigne
             :
             Whether
             it
             were
             that
             he
             had
             not
             declared
             himself
             so
             fully
             upon
             his
             Title
             by
             his
             Wife
             ,
             or
             that
             as
             yet
             he
             feared
             some
             unknown
             Plantagenet
             would
             arise
             and
             put
             his
             Crown
             to
             the
             question
             :
             This
             made
             him
             skilfull
             in
             the
             point
             of
             Fortification
             (
             wherein
             he
             likewise
             spent
             the
             greatest
             part
             of
             his
             Reigne
             )
             not
             so
             much
             by
             force
             of
             Armes
             (
             for
             he
             cared
             not
             much
             for
             that
             noise
             ,
             well
             knowing
             that
             Peace
             is
             the
             safer
             condition
             for
             a
             King
             that
             comes
             in
             by
             power
             )
             but
             principally
             by
             way
             of
             gaining
             Concessions
             and
             acknowledgment
             from
             the
             Subjects
             ,
             a
             Musick
             that
             he
             much
             delighted
             to
             heare
             ,
             well
             knowing
             it
             would
             conclude
             those
             amongst
             them
             that
             knew
             too
             much
             ,
             and
             instruct
             them
             that
             knew
             too
             little
             ;
             and
             so
             in
             time
             he
             should
             passe
             for
             currant
             amongst
             them
             all
             .
             It
             was
             no
             hard
             matter
             for
             the
             King
             to
             accomplish
             this
             ,
             the
             greater
             part
             of
             the
             Kingdome
             being
             pre-ingaged
             unto
             his
             Title
             ,
             and
             of
             them
             many
             depending
             upon
             him
             for
             livelyhood
             ,
             if
             he
             failed
             they
             must
             look
             to
             loose
             all
             .
             But
             the
             
             present
             occasion
             urged
             more
             importantly
             ;
             the
             Title
             to
             the
             Crown
             was
             already
             put
             to
             the
             question
             ,
             by
             the
             pretentions
             of
             one
             that
             named
             himself
             Duke
             of
             Yorke
             :
             And
             it
             s
             now
             high
             time
             for
             the
             Law
             to
             declare
             it self
             ,
             to
             direct
             the
             People
             in
             such
             a
             Case
             :
             What
             shall
             the
             People
             do
             where
             Might
             overcomes
             Right
             ,
             or
             if
             dayes
             come
             like
             those
             of
             Henry
             the
             sixth
             ,
             wherein
             the
             Subjects
             should
             be
             between
             two
             millstones
             ,
             of
             one
             King
             in
             Title
             and
             another
             King
             in
             possession
             ,
             for
             whom
             must
             they
             take
             up
             Armes
             ,
             if
             for
             Edward
             the
             fourth
             ,
             then
             are
             they
             Traitors
             to
             Henry
             the
             sixth
             ;
             if
             for
             Henry
             the
             sixth
             ,
             then
             are
             they
             Traitors
             to
             Edward
             the
             fourth
             ,
             and
             so
             now
             if
             for
             Henry
             the
             seventh
             then
             they
             may
             be
             Traitors
             to
             the
             Duke
             of
             Yorke
             ,
             if
             for
             the
             Duke
             of
             Yorke
             ,
             then
             are
             they
             Traitors
             to
             Henry
             the
             seventh
             .
             For
             though
             the
             Duke
             of
             Yorke
             was
             said
             to
             be
             but
             a
             contrivance
             of
             the
             House
             of
             Burgundy
             ;
             yet
             a
             great
             part
             ,
             both
             of
             the
             great
             men
             and
             others
             were
             of
             another
             opinion
             ,
             and
             the
             King
             himself
             was
             not
             very
             certaine
             of
             his
             condition
             for
             the
             space
             of
             six
             years
             thereby
             .
             This
             puts
             the
             Title
             of
             allegiance
             and
             that
             power
             of
             the
             Militia
             to
             the
             touch
             ;
             at
             length
             both
             King
             and
             Parliament
             come
             to
             one
             Conclusion
             ,
             consisting
             of
             three
             particulars
             .
          
           
             First
             ,
             that
             the
             King
             for
             the
             time
             being
             (
             whether
             by
             right
             or
             wrong
             )
             ought
             to
             have
             the
             Subjects
             Allegiance
             ,
             like
             to
             that
             of
             the
             wise
             Councellor
             ,
             of
             that
             brave
             King
             of
             
               Israell
               ,
               Whom
               the
               Lord
               and
               his
               People
               and
               all
               the
               men
               of
               Israell
               chuse
               ,
               his
               will
               I
               be
               .
            
             And
             this
             is
             not
             onely
             declared
             by
             the
             expresse
             words
             in
             the
             Preface
             of
             the
             Law
             ,
             but
             also
             by
             the
             Kings
             own
             practise
             ;
             
             for
             he
             discharged
             such
             as
             aided
             him
             against
             Richard
             the
             third
             then
             King
             ,
             
             by
             pardon
             by
             Parliament
             ,
             but
             such
             as
             aided
             him
             being
             King
             by
             declaration
             of
             the
             Law.
             
          
           
             Secondly
             ,
             that
             this
             Allegiance
             draweth
             therewith
             ingagement
             for
             the
             defence
             of
             that
             King
             and
             Kingdome
             .
          
           
             Thirdly
             ,
             that
             the
             discharge
             of
             this
             Service
             ,
             whereto
             the
             Subjects
             are
             bound
             by
             allegiance
             ,
             ought
             not
             to
             be
             imputed
             unto
             them
             as
             Treason
             :
             Nor
             shall
             any
             person
             be
             impeached
             or
             attainted
             ;
             therefore
             the
             first
             and
             the
             last
             of
             these
             need
             no
             dispute
             .
          
           
           
             The
             second
             is
             more
             worthy
             of
             consideration
             ,
             in
             the
             particular
             words
             set
             downe
             in
             the
             Statute
             ,
             
               Viz.
               That
               the
               Subjects
               are
               to
               serve
               their
               Prince
               in
               his
               Warres
               ,
               for
               the
               defence
               of
               him
               and
               the
               Land
               ,
               against
               every
               rebellion
               ,
               Power
               ,
               and
               Might
               ,
               reared
               against
               him
               ,
               and
               with
               him
               ,
               to
               enter
               and
               abide
               in
               Service
               in
               Battell
               .
            
             Wherein
             two
             things
             are
             to
             be
             considered
             ,
             the
             Service
             ,
             and
             the
             time
             or
             occasion
             .
          
           
             The
             Service
             ,
             is
             to
             serve
             the
             Prince
             in
             his
             Warrs
             ,
             and
             with
             him
             to
             enter
             and
             abide
             in
             Service
             in
             Battell
             ;
             which
             is
             the
             lesse
             to
             be
             stood
             upon
             ,
             because
             there
             is
             a
             condition
             annexed
             ,
             if
             the
             case
             so
             require
             ,
             which
             must
             be
             determined
             by
             some
             Authority
             not
             particularly
             mentioned
             ,
             albeit
             that
             whatsoever
             is
             therin
             set
             down
             is
             only
             by
             way
             of
             supposal
             in
             a
             Preface
             annexed
             to
             the
             Law
             ,
             by
             the
             King
             ,
             and
             permitted
             by
             the
             Commons
             ,
             that
             were
             as
             willing
             the
             same
             should
             be
             allowed
             ,
             as
             the
             King
             himself
             ,
             both
             of
             them
             being
             weary
             of
             warrs
             ,
             and
             willing
             to
             admit
             this
             Conclusion
             for
             the
             better
             security
             of
             them
             both
             in
             these
             doubtfull
             times
             .
             But
             to
             lay
             all
             these
             aside
             ,
             for
             the
             Case
             is
             not
             stated
             till
             the
             Cause
             be
             considered
             .
             All
             this
             must
             be
             onely
             when
             and
             where
             the
             Kings
             Person
             and
             Kingdome
             is
             indangered
             by
             Rebellion
             ,
             Power
             ,
             or
             might
             ,
             reared
             against
             him
             .
             So
             as
             the
             Kings
             Person
             must
             be
             present
             in
             the
             Warr
             for
             the
             defence
             of
             the
             Kingdome
             ,
             or
             no
             man
             is
             bound
             by
             his
             allegiance
             to
             hazzard
             his
             own
             Life
             ,
             and
             then
             this
             point
             of
             allegiance
             consisteth
             onely
             in
             defending
             the
             King
             in
             the
             defence
             of
             the
             Land
             ,
             or
             more
             particularly
             in
             defending
             the
             Kings
             Person
             ,
             he
             being
             then
             in
             the
             defence
             of
             the
             Land
             ;
             and
             defending
             him
             in
             order
             to
             the
             defence
             of
             the
             Land.
             So
             as
             no
             man
             can
             rationally
             inferr
             from
             hence
             ,
             that
             the
             King
             hath
             an
             universall
             power
             of
             Array
             when
             he
             pleases
             ,
             because
             the
             King
             when
             he
             pleases
             may
             not
             levy
             Warr
             ,
             nor
             make
             other
             Warr
             then
             a
             defensive
             Warr
             when
             the
             Land
             is
             indangered
             ,
             or
             when
             need
             shall
             require
             ,
             
             as
             another
             Statute
             hath
             it
             .
             But
             who
             shall
             determine
             this
             need
             or
             danger
             ,
             neither
             in
             these
             or
             any
             other
             Laws
             is
             mentioned
             ;
             either
             out
             of
             want
             of
             occasion
             or
             by
             reason
             of
             the
             tendernesse
             of
             the
             times
             ,
             wherein
             both
             Prince
             and
             People
             were
             willing
             to
             decline
             the
             question
             .
          
           
           
             Secondly
             ,
             the
             Persons
             that
             are
             to
             do
             this
             service
             are
             to
             be
             considered
             of
             ,
             and
             although
             they
             are
             indefinitely
             set
             down
             under
             the
             word
             Subjects
             ,
             it
             may
             be
             supposed
             that
             the
             word
             is
             not
             to
             be
             taken
             in
             so
             large
             a
             sense
             as
             to
             comprehend
             all
             of
             all
             ages
             ,
             Sexes
             ,
             Callings
             ,
             and
             Conditions
             ;
             in
             regard
             that
             even
             by
             the
             Common
             Law
             some
             of
             each
             of
             these
             sorts
             are
             discharged
             from
             such
             service
             .
             But
             it
             may
             seem
             the
             King
             was
             neither
             satisfied
             with
             the
             oppressions
             of
             this
             first
             Law
             concer-cerning
             the
             occasion
             or
             time
             of
             this
             Service
             ;
             nor
             did
             he
             see
             sufficient
             ground
             under
             the
             Notion
             of
             bare
             allegiance
             to
             desire
             more
             :
             New
             wayes
             are
             by
             him
             found
             out
             ,
             his
             Patentees
             were
             not
             a
             few
             ,
             and
             although
             few
             or
             none
             could
             ever
             boast
             much
             of
             any
             cheap
             purchases
             gained
             from
             him
             (
             for
             he
             was
             wont
             to
             be
             well
             payed
             before
             hand
             for
             his
             Patents
             either
             by
             Money
             or
             that
             which
             was
             as
             beneficiall
             to
             him
             )
             yet
             he
             was
             resolved
             that
             their
             holding
             should
             be
             no
             lesse
             advantagious
             to
             him
             then
             their
             having
             ,
             and
             therefore
             in
             plaine
             words
             he
             lets
             them
             know
             ,
             that
             notwithstanding
             former
             consideration
             ,
             upon
             which
             they
             had
             their
             Patents
             at
             the
             first
             ,
             they
             must
             fight
             for
             him
             if
             they
             will
             live
             upon
             him
             ;
             and
             either
             adventure
             their
             Lives
             or
             their
             Benefit
             ,
             
             choose
             they
             which
             ,
             and
             if
             they
             finde
             fault
             with
             their
             condition
             he
             touches
             them
             with
             the
             Law
             of
             their
             allegiance
             ;
             and
             thus
             he
             makes
             way
             to
             intimate
             a
             claim
             of
             a
             more
             absolute
             allegiance
             ,
             for
             being
             to
             shew
             the
             Equity
             of
             the
             Law
             in
             regard
             of
             their
             Allegiance
             ,
             he
             tells
             them
             that
             every
             Subject
             is
             bound
             by
             his
             Allegiance
             to
             serve
             and
             assist
             his
             Prince
             and
             Soveraigne
             Lord
             ,
             at
             all
             seasons
             when
             need
             shall
             require
             ;
             generall
             words
             ,
             that
             affirm
             nothing
             in
             certainty
             ,
             yet
             do
             glance
             shrewdly
             upon
             an
             absolute
             and
             universal
             assistance
             .
             Then
             comming
             to
             drive
             the
             naile
             home
             ,
             it
             is
             said
             that
             the
             Patentees
             are
             bound
             to
             give
             their
             attendance
             upon
             his
             Royall
             Person
             ,
             to
             defend
             the
             same
             when
             he
             shall
             fortune
             to
             go
             in
             his
             person
             in
             Warrs
             for
             the
             defence
             of
             the
             Realme
             or
             against
             his
             Rebells
             and
             Enemies
             ;
             (
             and
             as
             another
             Statute
             addeth
             )
             
               within
               the
               same
               Realme
               ,
               or
               without
               ,
               and
               according
               to
               their
               Allegiance
               ,
               and
               not
               to
               depart
               without
               especiall
               license
               ,
               or
               untill
               general
               Proclamation
               of
               dismission
               .
            
             
             In
             shew
             therefore
             here
             is
             a
             new
             Militia
             ,
             as
             touching
             the
             Kings
             Patentees
             they
             must
             attend
             the
             Kings
             Person
             whither
             ever
             the
             King
             will
             lead
             them
             ,
             either
             within
             the
             Realme
             ,
             or
             without
             ;
             whether
             against
             such
             as
             he
             will
             suppose
             to
             be
             his
             Enemies
             abroad
             ,
             or
             if
             he
             will
             mistake
             his
             Subjects
             for
             his
             Enemies
             at
             home
             :
             And
             this
             under
             the
             colour
             of
             Allegiance
             published
             in
             doubtfull
             expressions
             ,
             as
             if
             it
             were
             not
             meet
             that
             Henry
             the
             seventh
             (
             that
             loved
             not
             to
             yoke
             himself
             to
             the
             Law
             should
             yoke
             his
             Lawes
             under
             the
             Lawes
             of
             plaine
             language
             :
             Or
             rather
             that
             he
             held
             it
             a
             point
             of
             policy
             to
             publish
             his
             Laws
             in
             a
             doubtfull
             stile
             ,
             that
             such
             as
             durst
             question
             his
             Lawes
             might
             have
             no
             positive
             charge
             against
             them
             ;
             and
             such
             as
             dared
             not
             to
             enter
             into
             the
             lists
             with
             him
             ,
             might
             not
             be
             bold
             to
             come
             nigh
             the
             breach
             of
             them
             .
             Nevertheless
             neither
             doth
             the
             glance
             of
             allegiance
             in
             the
             Preface
             of
             the
             former
             ,
             
             nor
             in
             the
             body
             of
             the
             later
             Statute
             any
             whit
             confirm
             ,
             that
             what
             is
             in
             them
             enacted
             is
             done
             upon
             the
             ground
             of
             Allegiance
             ,
             
             but
             contrarily
             when
             as
             the
             first
             Statute
             commeth
             to
             the
             point
             ,
             it
             Startles
             from
             the
             ground
             of
             Allegiance
             ,
             and
             flies
             to
             the
             ground
             of
             a
             kinde
             of
             Equity
             or
             reason
             .
             And
             the
             second
             resorteth
             to
             the
             first
             as
             its
             proper
             ground
             ,
             as
             being
             a
             suppliment
             thereunto
             in
             cases
             forgotten
             and
             so
             omitted
             ;
             though
             it
             may
             be
             rather
             thought
             that
             the
             King
             creeping
             up
             into
             his
             heighth
             by
             degrees
             ,
             made
             the
             former
             onely
             as
             an
             essay
             to
             prepare
             the
             way
             for
             the
             later
             ,
             like
             the
             point
             of
             the
             Wedge
             that
             maketh
             way
             for
             the
             bulk
             and
             body
             thereof
             .
             The
             truth
             of
             this
             assertion
             will
             be
             more
             manifest
             from
             the
             nature
             of
             both
             these
             Lawes
             ,
             being
             limited
             ,
             both
             in
             regard
             of
             time
             and
             person
             .
             In
             regard
             of
             time
             ,
             for
             both
             these
             Lawes
             are
             but
             temporary
             and
             to
             continue
             onely
             during
             the
             Life
             of
             Henry
             the
             seventh
             ,
             in
             regard
             the
             advancements
             therein
             mentioned
             ,
             as
             the
             moving
             cause
             ,
             are
             onely
             the
             advancements
             made
             by
             himself
             .
             In
             regard
             of
             the
             person
             ,
             for
             all
             persons
             that
             received
             advancements
             from
             him
             are
             not
             bound
             thereby
             ,
             namely
             those
             that
             come
             in
             to
             such
             advancement
             by
             purchase
             for
             Money
             :
             Neither
             are
             Judges
             and
             other
             Officers
             excepted
             persons
             in
             the
             saide
             Statutes
             .
             
             If
             therefore
             Allegiance
             had
             been
             the
             ground
             of
             these
             Lawes
             ,
             it
             had
             equally
             bound
             all
             who
             are
             under
             that
             Bond
             ,
             and
             no
             Equity
             could
             have
             given
             a
             generall
             rule
             of
             discharge
             unto
             such
             condition
             of
             men
             :
             It
             had
             likewise
             bound
             as
             well
             formerly
             and
             afterward
             as
             during
             this
             Kings
             Reigne
             ,
             and
             therefore
             what
             ever
             semblance
             is
             made
             therein
             concerning
             Allegiance
             ,
             there
             had
             bin
             no
             need
             of
             such
             Law
             if
             Allegiance
             could
             have
             done
             the
             Deed
             ,
             or
             if
             the
             power
             of
             Array
             had
             been
             of
             that
             large
             extent
             as
             it
             hath
             lately
             been
             taken
             .
             In
             my
             conceit
             therefore
             these
             two
             Lawes
             do
             hold
             forth
             nothing
             that
             is
             new
             ,
             but
             a
             minde
             that
             Henry
             the
             seventh
             had
             to
             fill
             his
             Coffers
             ,
             though
             his
             minde
             would
             not
             so
             fill
             ;
             he
             would
             have
             Souldiers
             but
             they
             must
             be
             his
             Patentees
             ,
             not
             for
             any
             skill
             or
             valour
             in
             them
             above
             others
             ,
             but
             he
             hoped
             they
             would
             compound
             with
             him
             for
             Licenses
             to
             absent
             ,
             rather
             then
             to
             adventure
             themselves
             ,
             and
             so
             he
             might
             get
             the
             more
             Money
             that
             could
             finde
             pay
             for
             Souldiers
             more
             and
             better
             then
             they
             were
             or
             would
             be
             ;
             for
             otherwise
             the
             Patentees
             might
             by
             the
             Statute
             have
             beene
             allowed
             to
             serve
             the
             King
             by
             their
             Deputies
             which
             would
             have
             done
             the
             King
             better
             Service
             in
             the
             Warrs
             then
             themselves
             could
             have
             done
             ,
             and
             for
             this
             very
             purpose
             much
             use
             was
             made
             of
             these
             Statutes
             ,
             as
             well
             by
             Henry
             the
             seventh
             as
             Henry
             the
             eighth
             ,
             both
             for
             Licenses
             and
             Pardons
             ,
             for
             composition
             in
             such
             Cases
             as
             their
             Records
             do
             plentifully
             shew
             .
          
           
             Secondly
             ,
             let
             the
             Claime
             of
             Kings
             be
             what
             they
             will
             ,
             yet
             the
             matter
             in
             fact
             shew
             plainly
             that
             they
             never
             had
             possession
             of
             what
             they
             claimed
             :
             Both
             these
             Kings
             pretended
             a
             Forraine-Warr
             ,
             each
             of
             them
             once
             against
             one
             and
             the
             same
             Nation
             ,
             and
             to
             that
             end
             advanced
             unto
             one
             place
             with
             their
             Armies
             ;
             although
             the
             one
             went
             in
             good
             earnest
             ,
             the
             other
             in
             jest
             :
             Their
             Armies
             were
             not
             gathered
             by
             Prerogative
             but
             of
             Volunteirs
             ,
             this
             not
             only
             the
             Records
             but
             also
             the
             Statutes
             do
             clearly
             set
             forth
             .
             Some
             souldiers
             served
             under
             Captaines
             of
             their
             own
             choise
             ,
             and
             therefore
             the
             Law
             inflicteth
             a
             penalty
             upon
             such
             Captains
             as
             bring
             not
             their
             number
             compleat
             according
             to
             their
             undertaking
             ,
             
             other
             Souldiers
             are
             
             levied
             by
             Commission
             by
             way
             of
             imprest
             ;
             which
             in
             those
             dayes
             were
             Volunteirs
             also
             ,
             and
             expecting
             favour
             from
             the
             publique
             ,
             the
             rather
             because
             they
             devoted
             themselves
             thereto
             without
             relation
             to
             any
             private
             Captaine
             ;
             willingly
             therefore
             received
             imprest
             Money
             :
             And
             of
             this
             course
             the
             State
             saw
             a
             necessity
             ,
             both
             for
             the
             better
             choise
             of
             men
             ,
             and
             for
             the
             more
             publique
             owning
             of
             the
             worke
             :
             For
             such
             as
             had
             been
             usually
             levied
             by
             the
             Captaines
             were
             fit
             only
             to
             fill
             up
             room
             and
             make
             up
             the
             number
             ,
             and
             yet
             many
             times
             there
             was
             a
             failing
             in
             that
             also
             ;
             and
             this
             manner
             of
             raising
             the
             Infantry
             was
             continued
             by
             Henry
             the
             eighth
             ,
             
             as
             by
             the
             like
             Law
             in
             his
             time
             may
             appeare
             .
             As
             touching
             the
             levying
             of
             the
             Horse
             ,
             although
             diverse
             Statutes
             were
             made
             for
             the
             maintenance
             of
             the
             breed
             of
             Horses
             ,
             and
             Persons
             of
             all
             degrees
             of
             ability
             were
             assessed
             at
             the
             finding
             and
             maintaining
             of
             a
             certaine
             number
             of
             Horses
             ,
             
             yet
             do
             none
             of
             them
             tell
             us
             that
             they
             shall
             finde
             and
             maintaine
             them
             armed
             compleatly
             for
             the
             Warrs
             ,
             nor
             shall
             send
             them
             forth
             upon
             their
             own
             charge
             ,
             and
             therefore
             I
             suppose
             they
             were
             raised
             as
             formerly
             ;
             these
             two
             Kings
             had
             the
             happinesse
             to
             be
             admired
             ,
             the
             one
             for
             his
             shrewd
             cunning
             Head
             ,
             the
             other
             for
             a
             resolute
             and
             couragious
             Heart
             :
             And
             it
             was
             no
             hard
             matter
             to
             finde
             men
             that
             loved
             to
             ingratiate
             themselves
             ,
             and
             indeavour
             to
             catch
             their
             favour
             ,
             though
             with
             the
             adventure
             of
             their
             Lives
             ,
             especially
             if
             they
             looked
             after
             Honour
             and
             Glory
             ,
             which
             as
             a
             Crowne
             they
             saw
             pitched
             at
             the
             Goale
             of
             their
             Actions
             .
          
           
             Thirdly
             ,
             Concerning
             the
             pay
             of
             the
             Souldier
             ,
             the
             Law
             was
             the
             same
             as
             formerly
             ,
             the
             same
             was
             ascertained
             by
             the
             Statute-Law
             ;
             
             the
             payment
             was
             to
             be
             made
             by
             the
             Captaine
             ,
             under
             perill
             of
             imprisonment
             and
             forfeiture
             of
             Goods
             and
             Chattels
             ,
             and
             the
             true
             number
             of
             his
             Souldiers
             to
             be
             maintained
             and
             listed
             ,
             under
             the
             like
             perill
             .
          
           
             Fourthly
             ,
             As
             touching
             the
             Souldiers
             service
             ,
             the
             same
             course
             also
             was
             taken
             as
             before
             ;
             if
             they
             dissert
             their
             Colours
             ,
             they
             shall
             be
             punished
             as
             Felons
             ,
             and
             the
             manner
             of
             tryall
             to
             be
             at
             the
             Common
             Law.
             
          
           
           
             Fifthly
             ,
             For
             Fortifications
             ,
             the
             power
             properly
             belongeth
             to
             the
             supream
             Authority
             ,
             to
             give
             order
             therein
             :
             For
             the
             people
             may
             not
             fortifie
             themselves
             (
             otherwise
             then
             in
             their
             particular
             Houses
             ,
             which
             are
             reputed
             every
             mans
             Castle
             )
             because
             publique
             Forts
             are
             enemies
             to
             the
             publique
             peace
             ,
             unlesse
             in
             case
             of
             publique
             danger
             ;
             concerning
             which
             ,
             private
             persons
             can
             make
             no
             determination
             .
             And
             furthermore
             ,
             no
             Fortifications
             can
             be
             made
             and
             maintained
             ,
             without
             abridgement
             of
             the
             Common
             liberty
             of
             the
             people
             ,
             either
             by
             impairing
             their
             Freehold
             ,
             or
             exacting
             their
             labour
             ,
             or
             other
             Contribution
             ,
             none
             of
             which
             ought
             to
             be
             done
             ,
             but
             by
             publique
             Law
             ;
             and
             therefore
             when
             the
             Inhabitants
             of
             the
             County
             of
             Cornwall
             were
             to
             make
             defence
             against
             Invasion
             and
             Piracy
             ,
             from
             the
             Coast
             of
             
               Little
               Brittaine
            
             ,
             in
             regard
             they
             were
             a
             long
             slender
             County
             ,
             and
             upon
             sudden
             surprisals
             ,
             people
             could
             not
             so
             readily
             flock
             together
             for
             their
             joint
             defence
             ,
             they
             obtained
             an
             act
             of
             Parliament
             to
             give
             them
             power
             to
             fortifie
             the
             Sea
             coasts
             ,
             
             according
             to
             the
             direction
             of
             the
             Sheriff
             and
             Justices
             of
             the
             Peace
             .
          
           
             Lastly
             ,
             Warrs
             once
             begun
             ,
             must
             be
             maintained
             at
             the
             charge
             of
             the
             undertakers
             :
             If
             they
             be
             the
             Kings
             own
             Wars
             ,
             he
             must
             maintaine
             them
             out
             of
             his
             owne
             Treasury
             ,
             till
             the
             benefit
             of
             them
             doe
             prove
             to
             the
             common
             good
             ;
             and
             in
             such
             cases
             the
             charges
             have
             been
             sometimes
             provided
             before
             the
             work
             ,
             by
             Act
             of
             Parliament
             ,
             and
             sometimes
             after
             .
          
           
             Henry
             the
             Seventh
             ,
             and
             Henry
             the
             eighth
             ,
             both
             of
             them
             at
             their
             severall
             times
             went
             to
             Boloigne
             with
             their
             Armies
             :
             Henry
             the
             seventh
             with
             an
             intent
             to
             gaine
             profit
             to
             himselfe
             by
             an
             advantagious
             peace
             ,
             and
             had
             his
             ends
             therein
             ,
             and
             was
             ashamed
             to
             aske
             ayde
             of
             the
             people
             towards
             the
             charges
             of
             that
             Warr.
             
          
           
             Henry
             the
             Eighth
             went
             upon
             his
             owne
             charge
             also
             with
             his
             Army
             ,
             trusting
             to
             the
             Parliament
             for
             consideration
             to
             be
             had
             of
             his
             imployment
             (
             wherein
             his
             expectation
             did
             not
             faile
             )
             and
             in
             his
             absence
             ,
             made
             Queen
             Katharine
             Generall
             of
             all
             the
             Forces
             of
             England
             in
             his
             absence
             ,
             and
             gave
             
             her
             power
             ,
             with
             other
             five
             Noble
             Personages
             ,
             to
             take
             up
             Money
             upon
             Loane
             ,
             as
             occasion
             should
             require
             ,
             and
             to
             give
             security
             for
             the
             same
             ,
             for
             the
             maintaining
             and
             raising
             of
             Forces
             ,
             if
             need
             should
             require
             ,
             as
             is
             more
             particularly
             set
             forth
             in
             the
             Patent
             Rolls
             of
             these
             times
             .
             Neverthelesse
             the
             Warr
             at
             Sea
             ,
             
               Infra
               quatuor
               maria
            
             ,
             was
             ever
             reputed
             Defensive
             as
             to
             the
             Nation
             ,
             and
             under
             the
             publique
             charge
             ,
             because
             no
             Warr
             could
             be
             there
             ,
             but
             an
             Enemy
             must
             be
             at
             hand
             ,
             and
             so
             the
             Nation
             in
             eminent
             danger
             ;
             and
             therefore
             the
             maintenance
             of
             the
             Navy
             Roiall
             in
             such
             cases
             ,
             was
             from
             the
             publique
             Treasury
             .
          
           
             To
             conclude
             therefore
             ,
             If
             the
             Parliament
             and
             Common
             Law
             in
             all
             these
             cases
             of
             Levies
             of
             men
             for
             Warr
             ,
             
             payment
             of
             Souldiers
             ,
             and
             their
             deportment
             ,
             in
             cases
             of
             Fortifications
             ,
             and
             of
             maintenance
             of
             Warrs
             at
             Sea
             ,
             and
             the
             deportment
             of
             such
             as
             are
             imployed
             therein
             ;
             I
             say
             ,
             if
             they
             give
             the
             Law
             ,
             and
             carry
             the
             supream
             directory
             ,
             then
             certainely
             the
             Law
             rules
             in
             that
             which
             seemes
             most
             Lawlesse
             ;
             and
             though
             Kings
             may
             be
             cheife
             Commanders
             ,
             yet
             they
             are
             not
             the
             cheife
             Rulers
             .
          
        
         
           
             CHAP.
             XXXIII
             .
             Of
             the
             Peace
             .
          
           
             PEace
             and
             Warr
             originally
             depend
             upon
             the
             same
             power
             ,
             because
             they
             relate
             each
             to
             other
             ,
             as
             the
             end
             to
             the
             meanes
             ,
             and
             receive
             motion
             from
             one
             and
             the
             same
             fountaine
             of
             Law
             ,
             that
             ruleth
             both
             in
             Peace
             and
             Warr
             :
             It
             is
             very
             true
             ,
             that
             severall
             Ages
             hitherto
             have
             been
             troubled
             with
             arbitrary
             exhalations
             ;
             and
             these
             very
             times
             whereof
             we
             now
             treat
             are
             not
             altogether
             cleare
             from
             such
             an
             ayre
             .
             Two
             Kings
             we
             have
             at
             once
             in
             view
             ,
             both
             of
             them
             of
             an
             elate
             spirit
             ;
             one
             working
             more
             closely
             by
             cunning
             ,
             the
             other
             
             more
             openly
             by
             Command
             ,
             yet
             neither
             of
             them
             pretending
             so
             high
             as
             to
             doe
             all
             ,
             or
             be
             all
             in
             all
             .
             Peace
             suited
             more
             with
             Henry
             the
             seventh
             then
             with
             his
             Son
             ,
             who
             delighted
             to
             be
             accounted
             terrible
             rather
             then
             good
             ;
             yet
             both
             of
             them
             were
             glad
             enough
             to
             be
             at
             peace
             at
             home
             ,
             and
             were
             industrious
             to
             that
             end
             ,
             though
             by
             severall
             meanes
             .
             Henry
             the
             seventh
             pretended
             Justice
             and
             Peace
             (
             a
             welcome
             news
             to
             a
             people
             that
             formerly
             accounted
             nothing
             theirs
             ,
             but
             by
             the
             leave
             of
             the
             Souldier
             )
             and
             therefore
             sets
             upon
             the
             reformation
             of
             the
             Sheriffs
             Courts
             ,
             
             in
             the
             entring
             of
             Plaints
             ,
             and
             making
             of
             Juries
             suitable
             to
             that
             present
             time
             ,
             wherein
             men
             of
             Estates
             were
             very
             scarce
             ,
             and
             much
             of
             the
             riches
             of
             the
             Nation
             evaporated
             into
             the
             Warrs
             ,
             both
             Civill
             and
             Forraine
             ;
             although
             the
             continuance
             of
             that
             order
             concerning
             Juries
             in
             the
             succeeding
             times
             of
             opulency
             ,
             hath
             brought
             these
             Courts
             into
             contempt
             ,
             and
             made
             way
             thereby
             for
             the
             Kings
             Courts
             to
             swell
             in
             glory
             ,
             and
             to
             advance
             Prerogative
             ,
             even
             above
             it selfe
             .
          
           
             Secondly
             ,
             He
             reformes
             Goales
             ,
             as
             well
             in
             their
             number
             as
             their
             use
             :
             During
             the
             Civill
             Warrs
             ,
             every
             small
             party
             of
             men
             that
             could
             get
             a
             strong
             place
             ,
             made
             the
             same
             ,
             not
             only
             a
             Castle
             ,
             but
             a
             Goale
             ,
             and
             usually
             imprisoned
             and
             ransomed
             at
             their
             owne
             pleasure
             :
             For
             remedy
             whereof
             ,
             Henry
             the
             seventh
             restores
             all
             Goales
             to
             the
             Sheriffs
             ,
             
             saving
             such
             as
             hold
             hy
             Inheritance
             ;
             and
             gives
             power
             to
             two
             Justices
             of
             the
             Peace
             ,
             
             one
             being
             of
             the
             Quorum
             ,
             to
             take
             Baile
             in
             cases
             bailable
             ,
             
             and
             Recognisances
             of
             the
             Peace
             ,
             to
             be
             certified
             at
             the
             next
             Sessions
             ,
             or
             Goal-Delivery
             .
          
           
             Thirdly
             ,
             Both
             Kings
             concurr
             in
             providing
             against
             such
             disorders
             ,
             as
             more
             immediately
             did
             trench
             upon
             the
             publique
             Peace
             ,
             and
             reached
             at
             the
             Crowne
             it selfe
             ,
             by
             labouring
             to
             prevent
             by
             severe
             punishing
             ;
             and
             lastly
             ,
             by
             regulating
             the
             proceedings
             of
             Judicature
             in
             such
             cases
             .
          
           
             These
             disorders
             were
             two
             ;
             Inordinate
             wearing
             of
             Liveries
             ,
             and
             unlawfull
             Assemblies
             :
             The
             first
             being
             in
             nature
             of
             unlawfull
             assembly
             of
             minds
             and
             spirits
             of
             men
             ,
             the
             second
             of
             their
             bodies
             and
             persons
             :
             Both
             these
             had
             formerly
             been
             
             provided
             against
             ,
             but
             the
             Judges
             of
             the
             Common
             Law
             ,
             unto
             whose
             Cognisance
             these
             Crimes
             were
             holden
             ,
             did
             restrain
             their
             punishments
             to
             the
             rule
             of
             the
             Common
             Law
             ,
             then
             thought
             to
             be
             too
             facile
             and
             mean
             for
             disorders
             that
             did
             flye
             at
             so
             high
             a
             pitch
             ;
             and
             therefore
             they
             are
             reduced
             before
             a
             higher
             tribunall
             ,
             as
             matter
             of
             State
             ,
             
             as
             hath
             been
             already
             mentioned
             .
             The
             severity
             of
             punishment
             consisted
             not
             so
             much
             in
             aggravating
             the
             paine
             ,
             as
             the
             Crime
             ,
             matters
             of
             injury
             being
             made
             Felonies
             ,
             and
             those
             Treason
             .
          
           
             This
             crime
             of
             Treason
             ,
             at
             first
             it
             concerned
             matters
             acted
             against
             the
             Nation
             ,
             afterwards
             it
             reached
             to
             matters
             acted
             against
             the
             King
             ;
             now
             it
             reacheth
             even
             to
             the
             very
             thoughts
             and
             imaginations
             of
             the
             heart
             ,
             not
             onely
             of
             bodily
             harme
             to
             the
             King
             ,
             but
             of
             the
             Queen
             or
             their
             heires
             apparent
             ,
             
             or
             tending
             to
             deprive
             them
             of
             their
             Title
             or
             Name
             of
             Royall
             Estate
             :
             
             This
             crime
             was
             formerly
             made
             but
             Felony
             by
             Henry
             the
             seventh
             ,
             and
             then
             onely
             extended
             to
             such
             offence
             committed
             by
             one
             of
             the
             Kings
             houshold
             against
             the
             Person
             of
             the
             King
             ,
             or
             a
             Lord
             ,
             or
             any
             of
             the
             Councell
             ,
             Steward
             ,
             Treasurer
             ,
             or
             Controller
             ;
             so
             as
             the
             person
             of
             the
             Queene
             was
             not
             then
             in
             the
             Case
             ,
             and
             yet
             then
             newly
             Crowned
             ,
             and
             at
             that
             instant
             bearing
             in
             her
             womb
             that
             royall
             seed
             which
             was
             then
             the
             onely
             earnest
             of
             the
             stability
             and
             glory
             of
             England
             ;
             and
             therefore
             is
             it
             a
             subject
             of
             wonderment
             ,
             unlesse
             it
             were
             out
             of
             extremity
             of
             Jealousie
             ,
             least
             he
             should
             seem
             to
             make
             too
             great
             account
             of
             her
             title
             ,
             and
             thereby
             disparage
             his
             owne
             ;
             and
             then
             is
             it
             a
             peice
             of
             wit
             ,
             but
             not
             without
             weaknesse
             ;
             for
             he
             that
             is
             jealous
             of
             the
             slightings
             of
             other
             men
             ,
             shews
             himselfe
             unresolved
             in
             his
             owne
             pretentions
             .
             Now
             Henry
             the
             Eighth
             ,
             not
             onely
             raiseth
             the
             price
             ,
             but
             addeth
             to
             the
             thing
             ,
             and
             not
             onely
             putteth
             the
             Queen
             ,
             but
             the
             Prince
             or
             Heire
             apparent
             into
             the
             Case
             ,
             making
             the
             same
             Treason
             :
             So
             as
             it
             implyeth
             ,
             that
             English
             Allegiance
             tyeth
             the
             Subject
             ,
             not
             onely
             to
             the
             safety
             of
             the
             Person
             of
             the
             King
             ,
             but
             also
             of
             the
             Queen
             and
             Heire
             apparent
             ;
             otherwise
             the
             offence
             is
             made
             and
             declared
             Treason
             against
             the
             King.
             
          
           
           
             Secondly
             ,
             the
             Election
             of
             the
             object
             is
             to
             be
             considered
             ,
             for
             whether
             the
             one
             or
             other
             Statute
             be
             observed
             ,
             it
             will
             appeare
             that
             although
             the
             King
             was
             the
             next
             object
             expressed
             ,
             yet
             a
             further
             was
             intended
             ,
             and
             that
             the
             Crime
             is
             not
             intended
             in
             regard
             of
             his
             naturall
             Capacity
             as
             a
             man
             ,
             but
             of
             his
             politique
             Capacity
             ,
             and
             in
             relation
             to
             the
             Common
             good
             of
             the
             Nation
             ,
             and
             this
             is
             evident
             ,
             not
             onely
             from
             the
             severall
             Prefaces
             of
             the
             Lawes
             ,
             but
             also
             from
             the
             manner
             of
             Election
             ,
             whereby
             the
             Title
             of
             Heire
             apparent
             is
             taken
             up
             ,
             and
             not
             the
             eldest
             Sonn
             or
             Daughter
             ,
             or
             these
             ,
             and
             not
             the
             other
             Children
             ,
             all
             which
             are
             equally
             dearly
             beloved
             in
             Naturall
             regard
             .
          
           
             Thirdly
             ,
             though
             at
             the
             Common
             Law
             Treason
             be
             properly
             a
             Crime
             against
             Allegiance
             ,
             yet
             as
             in
             cases
             of
             Felony
             Crimes
             may
             be
             by
             the
             Statute
             made
             as
             Treason
             ,
             which
             at
             the
             Common
             Law
             are
             not
             against
             the
             legiance
             of
             an
             English
             man
             ,
             for
             this
             remaineth
             ever
             one
             and
             the
             same
             ,
             but
             one
             and
             the
             same
             fact
             may
             be
             made
             Treason
             and
             unmade
             by
             the
             Statute-Law
             ,
             as
             befell
             this
             Law
             of
             Henry
             the
             eighth
             ,
             by
             a
             Law
             within
             twenty
             yeares
             after
             ;
             like
             as
             also
             in
             former
             times
             one
             and
             the
             same
             fact
             hath
             many
             times
             received
             the
             like
             measure
             .
             Other
             Treasons
             besides
             these
             already
             mentioned
             were
             by
             Henry
             the
             eighth
             created
             ,
             
             as
             Marriage
             with
             any
             of
             the
             Kings
             Sisters
             ,
             Daughters
             ,
             or
             Aunts
             of
             the
             Fathers
             side
             ,
             or
             the
             Daughters
             of
             his
             Brethren
             or
             Sisters
             ,
             without
             consent
             first
             had
             of
             the
             King
             :
             
             Counterfeiting
             of
             currant
             Money
             ,
             not
             of
             the
             Kings
             Coynage
             ,
             was
             likewise
             made
             Treason
             by
             Henry
             the
             seventh
             ,
             
             who
             was
             well
             seen
             in
             that
             Mistery
             of
             Money-Trade
             ,
             and
             the
             like
             also
             became
             of
             Counterfeitures
             of
             the
             Kings
             Privy
             Signet
             and
             signe
             manuell
             .
          
           
             
             And
             Lastly
             ,
             that
             horrid
             trick
             of
             poysoning
             was
             reduced
             to
             this
             Category
             ,
             rather
             that
             the
             Penalty
             might
             be
             more
             terrible
             in
             the
             Death
             (
             which
             was
             by
             boyling
             )
             then
             for
             any
             Tincture
             in
             the
             Nature
             of
             the
             Crime
             ,
             or
             in
             any
             Forfeiture
             of
             Estate
             .
          
           
             
             The
             policy
             of
             these
             times
             thus
             irritated
             against
             Treason
             had
             proved
             very
             irreguler
             ,
             if
             the
             same
             had
             not
             been
             as
             rigid
             
             in
             cases
             of
             Felony
             :
             diverse
             new
             ones
             of
             that
             kind
             are
             also
             dubbed
             ,
             amongst
             which
             Conjuration
             or
             Witchcraft
             comes
             first
             ;
             an
             old
             Felony
             in
             the
             Saxons
             time
             ,
             but
             since
             had
             gotten
             its
             Clergy
             ,
             now
             well
             nigh
             for
             the
             space
             of
             five
             hundred
             years
             ,
             and
             they
             it
             ,
             so
             as
             it
             never
             walked
             abroad
             amongst
             the
             Laity
             but
             under
             the
             favour
             of
             the
             Cloystered
             People
             ,
             nor
             ever
             came
             before
             the
             Civill
             Power
             till
             now
             Henry
             the
             eighth
             brought
             it
             forth
             into
             its
             own
             ancient
             and
             proper
             regiment
             .
             Other
             Crimes
             being
             those
             of
             the
             season
             are
             made
             into
             the
             the
             same
             degree
             :
             Such
             as
             were
             taking
             of
             women
             into
             captivity
             ;
             unlawfull
             huntings
             with
             disguises
             ;
             
             malicious
             breaking
             of
             the
             Dikes
             and
             Bankes
             in
             Marshland
             ;
             Servants
             embezzelling
             their
             Masters
             Goods
             to
             the
             value
             of
             forty
             shillings
             or
             upward
             ,
             which
             (
             besides
             that
             of
             Heresie
             ,
             whereof
             formerly
             )
             though
             of
             a
             new
             stamp
             ,
             yet
             of
             so
             good
             a
             constitution
             ,
             that
             they
             remaine
             unto
             this
             day
             under
             the
             same
             brand
             .
          
           
             But
             let
             the
             Lawes
             be
             never
             so
             severe
             ,
             if
             they
             have
             not
             free
             liberty
             to
             walk
             at
             large
             they
             are
             soone
             ghostlesse
             ,
             and
             therefore
             these
             two
             Kings
             ,
             especially
             the
             later
             ,
             gained
             that
             Honour
             above
             their
             Predecessors
             that
             they
             gave
             the
             Law
             a
             free
             and
             full
             scope
             over
             all
             persons
             but
             themselves
             and
             their
             Assignees
             ,
             and
             in
             all
             places
             .
             First
             ,
             Concerning
             places
             ,
             every
             one
             knowes
             the
             Notion
             but
             few
             considered
             the
             extent
             of
             Sanctuary
             ground
             in
             England
             ,
             that
             could
             sanctifie
             any
             Crime
             or
             Criminall
             person
             in
             such
             manner
             ,
             that
             though
             the
             eye
             of
             Justice
             could
             see
             yet
             the
             hand
             of
             Justice
             could
             never
             reach
             them
             ▪
             till
             Henry
             the
             eight
             plundered
             them
             of
             all
             their
             sanctity
             ,
             and
             made
             all
             places
             common
             ,
             so
             as
             no
             Treason
             could
             hide
             it self
             but
             where
             the
             Act
             of
             Parliament
             did
             appoint
             ,
             
             and
             turned
             their
             names
             from
             Sanctuaries
             to
             priviledged
             places
             .
             The
             sanctity
             of
             the
             person
             was
             yet
             more
             mischivious
             and
             hard
             to
             be
             reformed
             ,
             it
             had
             been
             often
             attempted
             before
             ,
             these
             times
             with
             little
             successe
             .
             Henry
             the
             seventh
             gained
             some
             ground
             herein
             beyond
             his
             Ancestors
             ;
             the
             Delinquent
             might
             have
             his
             Clergy
             once
             ,
             
             but
             not
             the
             second
             time
             (
             though
             he
             fled
             to
             the
             hornes
             of
             the
             Alter
             )
             and
             was
             ever
             after
             known
             by
             a
             
             brand
             in
             the
             hand
             .
             Thus
             far
             did
             Henry
             the
             seventh
             go
             ,
             and
             would
             have
             done
             more
             even
             as
             far
             as
             unto
             those
             in
             holy
             orders
             .
             But
             Henry
             the
             eighth
             comming
             on
             ,
             in
             point
             of
             Treason
             made
             all
             persons
             common
             without
             respect
             of
             their
             orders
             or
             profession
             .
             
             Death
             makes
             an
             equall
             end
             of
             all
             .
             In
             cases
             of
             Murther
             ,
             
             Robbery
             ,
             Burnings
             of
             Houses
             ,
             Fellonies
             done
             in
             holy
             ground
             ,
             high
             Way
             ,
             or
             Dwelling
             House
             ;
             refusall
             of
             triall
             ,
             
             peremptory
             challenge
             of
             above
             twenty
             of
             the
             pannell
             ;
             Servants
             ,
             imbezzelling
             their
             Masters
             Goods
             in
             value
             forty
             shillings
             or
             upwards
             ;
             in
             all
             these
             Cases
             no
             Clergy
             could
             be
             allowed
             ,
             
             but
             to
             persons
             in
             holy
             Orders
             ,
             and
             those
             also
             to
             be
             perpetually
             Imprisoned
             in
             the
             Ordinaries
             Prison
             ;
             and
             yet
             this
             exception
             held
             not
             long
             in
             force
             ,
             but
             these
             men
             also
             were
             equally
             wrapped
             up
             in
             the
             same
             course
             ,
             
             to
             have
             their
             Clergy
             and
             indure
             the
             brand
             even
             as
             other
             men
             .
          
           
             Two
             difficulties
             yet
             remaine
             which
             hindred
             the
             execution
             of
             the
             Lawes
             against
             Treason
             .
             One
             concerning
             the
             place
             ,
             the
             other
             the
             person
             .
          
           
             The
             place
             many
             times
             of
             the
             plotting
             and
             beginning
             of
             the
             Treason
             befalleth
             to
             be
             without
             the
             walk
             of
             the
             Kings
             Writ
             ,
             in
             which
             case
             by
             the
             Common
             Law
             it
             cannot
             be
             inquired
             or
             tried
             ,
             or
             it
             may
             be
             that
             the
             men
             of
             the
             place
             be
             generally
             disaffected
             ,
             and
             then
             no
             hope
             of
             finding
             out
             the
             matter
             .
             In
             such
             cases
             therefore
             it
             is
             provided
             ,
             
             that
             be
             the
             Crime
             wheresoever
             the
             Delinquent
             will
             ,
             it
             shall
             neverthelesse
             be
             inquired
             and
             tried
             where
             the
             King
             will.
             
          
           
             The
             Person
             of
             the
             Delinquent
             also
             many
             times
             changed
             its
             condition
             ;
             it
             might
             be
             sober
             at
             the
             time
             of
             the
             Delinquency
             ,
             and
             afterwards
             upon
             discovery
             ,
             prove
             lunatick
             ,
             and
             thereby
             avoide
             the
             Triall
             ,
             this
             whether
             in
             jest
             or
             earnest
             ,
             by
             a
             Statute
             is
             made
             all
             one
             ,
             
             and
             it
             is
             ordained
             that
             in
             case
             the
             fact
             be
             confessed
             by
             the
             Delinquent
             before
             the
             Lords
             of
             the
             Councell
             ,
             at
             such
             time
             as
             the
             party
             accused
             was
             of
             sound
             minde
             ,
             and
             the
             same
             be
             attested
             under
             the
             hands
             of
             foure
             of
             those
             Lords
             ,
             the
             same
             shall
             be
             a
             good
             ground
             to
             proceed
             to
             inquisition
             before
             Commissioners
             ,
             and
             the
             same
             being
             
             found
             ,
             to
             try
             the
             Delinquent
             without
             answer
             or
             appearence
             ,
             saving
             unto
             Barons
             their
             Triall
             by
             their
             Peeres
             .
             And
             thus
             however
             in
             their
             Fits
             ,
             the
             Will
             of
             the
             Persons
             of
             these
             Kings
             was
             too
             hardy
             for
             the
             Kings
             to
             mannage
             according
             to
             rule
             ,
             yet
             the
             Law
             still
             in
             Title
             kept
             the
             saddle
             ,
             held
             the
             Reines
             ,
             and
             remaineth
             the
             cheife
             Arbitrator
             unto
             every
             man.
             
          
        
         
           
             CHAP.
             XXXIV
             .
             Of
             the
             generall
             Government
             of
             Edward
             the
             sixth
             ,
             Queene
             Mary
             ,
             and
             Queene
             Elizabeth
             .
          
           
             WEE
             are
             at
             length
             come
             within
             sight
             of
             the
             shore
             ,
             where
             finding
             the
             Currents
             various
             and
             swift
             ,
             and
             the
             Waves
             rough
             ,
             I
             shall
             first
             make
             my
             course
             through
             them
             severally
             ,
             and
             then
             shall
             bring
             up
             the
             generall
             account
             of
             the
             Reignes
             of
             one
             King
             and
             three
             Governours
             .
          
           
             The
             King
             was
             a
             Youth
             of
             about
             ten
             yeares
             old
             ,
             yet
             was
             older
             then
             he
             seemed
             by
             eleven
             yeares
             ;
             for
             he
             had
             all
             the
             Amunition
             of
             a
             wise
             King
             ,
             and
             in
             one
             respect
             ,
             beyond
             all
             his
             Predecessors
             ,
             that
             made
             him
             King
             indeed
             ,
             
               By
               the
               grace
               of
               God.
            
             He
             was
             the
             onely
             Son
             of
             Henry
             the
             Eighth
             ,
             yet
             that
             was
             not
             all
             his
             title
             ,
             he
             being
             the
             first
             President
             in
             the
             point
             of
             a
             young
             Son
             and
             two
             elder
             Daughters
             by
             severall
             venters
             ;
             the
             eldest
             of
             whom
             was
             now
             thirty
             yeares
             old
             ,
             able
             enough
             to
             settle
             the
             Government
             of
             a
             distracted
             Nation
             ;
             and
             the
             Son
             so
             young
             ,
             as
             by
             an
             Act
             of
             Parliament
             ,
             he
             was
             disabled
             to
             settle
             any
             Government
             at
             all
             ,
             till
             he
             should
             passe
             the
             fifteenth
             yeare
             of
             his
             Reigne
             :
             But
             the
             thing
             was
             settled
             in
             the
             life
             time
             of
             his
             Father
             ,
             whose
             last
             Will
             ,
             though
             it
             speake
             the
             choise
             ,
             yet
             the
             Parliament
             made
             the
             
             election
             ,
             and
             declared
             it
             .
             The
             condition
             of
             this
             Kings
             Person
             ,
             
             was
             every
             way
             tender
             ;
             borne
             ,
             and
             sustained
             ,
             by
             extraordinary
             meanes
             ;
             which
             could
             never
             make
             his
             dayes
             many
             ,
             or
             Reigne
             long
             :
             His
             spirit
             was
             soft
             and
             tractable
             ,
             a
             dangerous
             temper
             in
             an
             ill
             aire
             ,
             but
             being
             fixed
             by
             a
             higher
             principle
             then
             nature
             yeelded
             him
             ,
             and
             the
             same
             ,
             beautified
             with
             excellent
             indowments
             of
             nature
             ,
             and
             Arts
             ,
             and
             Tongues
             ,
             he
             outwent
             all
             the
             Kings
             in
             his
             time
             of
             the
             Christian
             World.
             His
             Predecessors
             provided
             Apparell
             and
             Victuall
             to
             this
             Nation
             ,
             but
             he
             Education
             ,
             and
             thereby
             fitted
             it
             to
             overcome
             a
             firy
             tryall
             ,
             which
             soon
             followed
             his
             departure
             .
             The
             modell
             of
             his
             Government
             was
             as
             tender
             as
             himselfe
             ,
             scarce
             induring
             to
             see
             his
             Funerall
             ;
             ready
             for
             every
             change
             ,
             subject
             to
             tumults
             and
             Rebellions
             ,
             an
             old
             trick
             that
             ever
             attends
             the
             beginning
             of
             Reformation
             ,
             like
             the
             winde
             the
             Sun
             rising
             .
             The
             diversity
             of
             Interests
             in
             the
             Great
             Men
             ,
             especially
             in
             point
             of
             Religion
             ,
             for
             the
             most
             part
             first
             set
             these
             into
             motion
             ;
             for
             some
             of
             them
             had
             been
             so
             long
             maintained
             by
             the
             Romish
             Law
             ,
             that
             they
             could
             never
             endure
             the
             Gospell
             :
             and
             yet
             the
             different
             Interests
             in
             matters
             of
             State
             ,
             made
             the
             greater
             noise
             .
             All
             was
             under
             a
             Protector
             fitly
             composed
             to
             the
             Kings
             minde
             ,
             but
             ill
             matched
             with
             rugged
             humorous
             aspiring
             mindes
             ;
             whereof
             one
             that
             should
             have
             been
             the
             Protectors
             great
             Freind
             ,
             became
             his
             fatall
             Enemy
             ,
             and
             though
             he
             were
             his
             Brother
             ,
             to
             prejudice
             his
             Interest
             ,
             pawned
             his
             owne
             blood
             :
             The
             other
             which
             was
             the
             Duke
             of
             Northumberland
             ,
             had
             his
             will
             ,
             but
             missed
             his
             end
             ;
             for
             having
             removed
             the
             Protector
             out
             of
             the
             way
             ,
             and
             gotten
             the
             cheife
             power
             about
             the
             King
             ,
             yet
             could
             he
             not
             hold
             long
             what
             he
             had
             gotten
             ;
             for
             the
             King
             himselfe
             ,
             after
             sixteen
             moneths
             decaying
             ,
             went
             into
             another
             World
             ,
             and
             left
             the
             Duke
             to
             stand
             or
             fall
             before
             some
             other
             power
             ,
             which
             came
             to
             passe
             upon
             the
             entry
             of
             the
             next
             Successor
             .
          
           
             The
             greatest
             trouble
             of
             his
             Government
             arose
             from
             the
             prosecution
             of
             a
             designe
             of
             his
             Grand-Fathers
             ,
             Henry
             the
             seventh
             ,
             for
             the
             uniting
             of
             the
             two
             Crownes
             of
             England
             and
             Scotland
             ,
             by
             marriage
             ,
             and
             settling
             an
             induring
             peace
             
             within
             this
             Isle
             ;
             and
             unto
             this
             worke
             all
             were
             ayders
             in
             both
             Nations
             ,
             but
             the
             Enemies
             of
             both
             :
             But
             Gods
             wayes
             are
             not
             as
             Mans
             ;
             its
             a
             rare
             example
             to
             finde
             out
             one
             Marriage
             that
             did
             ever
             thrive
             to
             this
             end
             .
             England
             meaned
             well
             in
             profering
             Love
             ,
             but
             the
             wooing
             was
             ill
             favoredly
             carried
             on
             by
             so
             much
             Blood.
             
          
           
             Lastly
             ,
             As
             the
             Government
             was
             now
             tender
             ;
             so
             was
             it
             carried
             with
             much
             compliance
             with
             the
             People
             ,
             which
             ever
             gives
             occasion
             to
             such
             of
             them
             that
             are
             irregular
             ,
             to
             be
             more
             ,
             and
             such
             as
             are
             wel
             governed
             to
             be
             less
             ,
             because
             though
             pleasing
             it
             be
             ,
             yet
             it
             is
             with
             lesse
             awe
             and
             spirit
             ,
             which
             renders
             their
             obedience
             at
             the
             best
             but
             carelesse
             and
             idle
             ,
             unlesse
             such
             as
             are
             very
             consciencious
             be
             the
             more
             carefull
             over
             their
             owne
             wayes
             ,
             by
             how
             much
             their
             superiours
             are
             the
             lesse
             .
          
           
             NOt
             thus
             was
             Queen
             Mary
             ,
             
             but
             (
             like
             a
             Spaniard
             )
             shee
             overruled
             all
             relations
             and
             ingagements
             by
             designe
             ;
             she
             was
             about
             forty
             yeares
             old
             ,
             and
             yet
             unmarried
             when
             shee
             came
             to
             the
             Throne
             ,
             it
             may
             seeme
             shee
             wanted
             a
             minde
             to
             that
             course
             of
             Life
             from
             naturall
             abstinency
             ,
             
             or
             was
             loath
             to
             adventure
             her
             feature
             (
             which
             was
             not
             excellent
             )
             to
             the
             Censure
             of
             any
             Prince
             of
             as
             high
             degree
             as
             shee
             held
             her self
             to
             be
             ;
             or
             her
             value
             was
             unknown
             ,
             so
             as
             to
             persons
             of
             meaner
             Interests
             shee
             might
             seeme
             too
             much
             above
             ,
             and
             to
             those
             of
             greater
             too
             much
             beneath
             :
             Or
             possibly
             her
             Father
             was
             loath
             to
             let
             the
             World
             know
             her
             Title
             to
             the
             Crowne
             till
             needs
             must
             ,
             or
             to
             raise
             up
             a
             Title
             for
             an
             other
             man
             so
             long
             as
             he
             had
             hope
             of
             a
             Son
             of
             his
             own
             to
             succeed
             him
             ,
             and
             yet
             had
             formerly
             designed
             her
             for
             a
             wife
             to
             Charles
             the
             fifth
             ,
             
             and
             afterwards
             to
             the
             Dauphine
             of
             France
             :
             Or
             it
             may
             be
             her self
             had
             set
             a
             command
             upon
             her self
             ,
             not
             to
             change
             her
             Estate
             till
             shee
             saw
             the
             course
             of
             the
             Crown
             ,
             either
             to
             or
             fro
             ;
             
             however
             the
             time
             is
             now
             come
             that
             shee
             must
             marry
             ,
             or
             adventure
             her
             Woman-hood
             upon
             an
             uncertaine
             and
             troublesome
             state
             of
             Affaires
             :
             Shee
             liked
             the
             Lord
             Courtnoe
             above
             the
             Prince
             of
             Spaine
             ,
             but
             feared
             he
             would
             not
             designe
             with
             her
             :
             Shee
             held
             
             him
             not
             unmeet
             for
             her
             degree
             ,
             for
             shee
             feared
             he
             was
             good
             enough
             for
             her
             Sister
             ,
             that
             then
             also
             had
             the
             Title
             of
             a
             Kingdome
             waiting
             so
             nigh
             her
             person
             ,
             as
             shee
             was
             an
             object
             of
             hope
             to
             her
             Freinds
             ,
             and
             feare
             to
             her
             Enemies
             .
             And
             yet
             Queene
             Mary
             married
             the
             Prince
             of
             Spaine
             :
             It
             may
             be
             it
             ran
             in
             the
             blood
             to
             marry
             into
             their
             owne
             blood
             ,
             or
             rather
             shee
             was
             thereto
             led
             by
             reason
             of
             state
             ,
             partly
             to
             inable
             her
             with
             greater
             security
             in
             the
             reseisure
             of
             her
             Kingdome
             in
             the
             Popish
             Religion
             ,
             wherein
             shee
             knew
             shee
             had
             to
             do
             with
             a
             People
             not
             easie
             to
             be
             reduced
             ,
             where
             Conscience
             pretended
             reluctancy
             ;
             and
             partly
             to
             assure
             her
             Dominion
             against
             the
             outworks
             of
             the
             French
             and
             Scottish
             designes
             .
             And
             so
             shee
             yeilded
             up
             the
             Supremacy
             of
             her
             Person
             to
             the
             Prince
             of
             Spaine
             ,
             but
             (
             thanks
             to
             the
             Nobility
             )
             the
             Supremacy
             of
             the
             Kingdome
             was
             reserved
             to
             her
             own
             use
             ,
             for
             it
             was
             once
             in
             her
             purpose
             to
             have
             given
             up
             all
             to
             the
             man
             ,
             rather
             then
             to
             misse
             of
             the
             man.
             And
             yet
             their
             condition
             was
             not
             much
             comfortable
             to
             either
             :
             the
             peoples
             dislike
             of
             the
             match
             sounded
             so
             loud
             abroad
             ,
             that
             when
             the
             Prince
             was
             to
             come
             over
             ,
             the
             Emperour
             his
             Father
             demanded
             fifty
             Pledges
             for
             his
             Sons
             safty
             during
             his
             abode
             in
             this
             Land
             ,
             which
             was
             also
             denied
             ,
             
             when
             he
             was
             come
             over
             ,
             the
             English
             Feare
             the
             Spanish
             Tiranny
             ,
             and
             the
             Spanish
             the
             old
             Saxon
             entertainment
             of
             the
             Danes
             ;
             so
             both
             ly
             at
             their
             close
             guards
             ,
             as
             after
             some
             time
             the
             King
             and
             Queen
             did
             no
             lesse
             ,
             for
             the
             Queen
             was
             either
             never
             earnest
             in
             her
             affection
             ,
             or
             now
             much
             lesse
             ,
             finding
             his
             Body
             diseased
             and
             his
             Minde
             lingring
             after
             unlawfull
             game
             .
             On
             the
             other
             side
             ,
             the
             King
             not
             finding
             that
             content
             in
             her
             Person
             (
             especially
             after
             her
             supposed
             Concepcion
             )
             that
             he
             expected
             ,
             looked
             to
             his
             owne
             Interest
             apart
             from
             hers
             ,
             and
             thereby
             taught
             her
             to
             do
             the
             like
             ;
             and
             this
             she
             thought
             cost
             England
             the
             losse
             of
             Callis
             and
             he
             Spaine
             the
             losse
             of
             many
             advantages
             that
             might
             have
             been
             obtained
             ,
             and
             was
             expected
             from
             this
             conjunction
             .
             Thus
             by
             the
             severall
             interests
             betweene
             the
             King
             Regnant
             and
             the
             Queen
             Regent
             ,
             the
             Government
             of
             England
             became
             like
             a
             knot
             dissolving
             ,
             neither
             fast
             nor
             loose
             .
          
           
           
             Towards
             the
             People
             she
             might
             well
             be
             reserved
             ,
             if
             not
             rigid
             ,
             for
             she
             knew
             her
             entry
             was
             not
             very
             acceptable
             though
             accepted
             ;
             and
             that
             her
             designe
             was
             contrary
             to
             her
             ingagements
             ;
             and
             therefore
             it
             was
             vaine
             to
             think
             to
             please
             her self
             and
             pleasure
             them
             .
             Nor
             did
             she
             much
             busie
             her
             thoughts
             therewith
             ,
             that
             abominated
             trick
             of
             Impost
             upon
             Merchandise
             she
             brought
             into
             fashion
             ,
             
             which
             had
             by
             many
             publique
             acts
             been
             damned
             for
             the
             space
             of
             two
             hundred
             years
             ;
             this
             was
             done
             without
             either
             shame
             or
             fear
             ,
             for
             if
             the
             People
             turned
             head
             ,
             she
             knew
             she
             had
             a
             good
             reserve
             from
             Spaine
             ,
             and
             the
             People
             might
             very
             well
             consider
             of
             that
             ,
             though
             for
             her
             part
             she
             desired
             not
             much
             to
             improve
             that
             Forraine
             Interest
             ;
             because
             she
             might
             well
             see
             that
             Spaine
             designed
             to
             keep
             England
             so
             far
             beneath
             ,
             that
             France
             might
             not
             get
             above
             :
             And
             that
             Phillip
             neither
             loved
             the
             double
             Crowne
             of
             England
             ,
             no
             nor
             the
             triple
             Crowne
             at
             Rome
             ,
             otherwise
             then
             in
             order
             to
             that
             of
             Spaine
             .
          
           
             This
             distance
             between
             her
             and
             her
             King
             ,
             wrought
             her
             to
             a
             more
             nigh
             dependency
             upon
             her
             Councell
             and
             English
             Nobility
             ,
             and
             so
             became
             lesse
             discerned
             in
             her
             Government
             ;
             although
             questionlesse
             she
             did
             much
             ,
             and
             wanted
             not
             Wisdome
             or
             courage
             to
             have
             done
             more
             ,
             but
             that
             she
             was
             not
             wholly
             her
             owne
             Woman
             :
             All
             men
             do
             agree
             that
             she
             was
             devout
             in
             her
             kind
             of
             profession
             ,
             and
             therin
             as
             deeply
             ingaged
             as
             her
             Brother
             Edward
             had
             beene
             in
             his
             ;
             though
             it
             may
             be
             out
             of
             tendernesse
             of
             Conscience
             ,
             but
             she
             out
             of
             a
             Spanish
             kind
             of
             gravity
             that
             indures
             not
             change
             :
             and
             whereunto
             she
             was
             well
             aided
             by
             her
             Clergy
             who
             were
             her
             beloved
             for
             her
             Mothers
             sake
             ,
             and
             now
             also
             so
             much
             the
             more
             sowre
             ,
             by
             how
             much
             the
             nigher
             to
             the
             bottome
             :
             It
             s
             the
             lesse
             wonder
             therefore
             if
             the
             zeale
             of
             these
             times
             burnt
             into
             a
             flame
             ,
             that
             at
             length
             consumed
             even
             those
             that
             kindled
             it
             .
             In
             one
             thing
             more
             above
             all
             the
             rest
             she
             acted
             the
             part
             of
             her
             Sect
             ,
             rather
             then
             her
             Place
             ,
             and
             the
             same
             contrary
             to
             the
             advice
             of
             her
             Ghostly
             Fathers
             and
             all
             rules
             of
             policy
             ,
             and
             the
             agreement
             between
             her
             King
             and
             self
             upon
             Marriage
             ;
             which
             was
             the
             ingageing
             of
             England
             in
             the
             Warr
             at
             Saint
             
               Qui
               ntins
            
             ,
             against
             
             the
             French
             ,
             contrary
             to
             the
             Nationall
             league
             formerly
             made
             :
             Neverthelesse
             the
             issue
             was
             but
             sutable
             ,
             for
             though
             the
             English
             obtained
             their
             part
             of
             the
             honour
             of
             that
             day
             ,
             yet
             in
             the
             consequence
             they
             lost
             Callis
             ,
             the
             last
             foot
             that
             the
             English
             had
             in
             France
             ;
             henceforth
             England
             must
             be
             content
             with
             a
             bare
             Title
             :
             As
             this
             was
             deserved
             ,
             so
             was
             it
             also
             reserved
             by
             the
             Queen
             ,
             to
             make
             the
             World
             beleeve
             that
             she
             died
             for
             greif
             therefore
             as
             a
             Mother
             of
             her
             Countrey
             ;
             although
             her
             bodily
             disease
             ,
             contracted
             by
             a
             false
             Conception
             ,
             wherein
             she
             beguiled
             both
             her self
             and
             the
             World
             ,
             concurred
             thereto
             .
             In
             sum
             ,
             the
             worst
             that
             can
             be
             said
             of
             her
             ,
             is
             this
             ,
             That
             she
             was
             ill
             principled
             ,
             and
             the
             best
             ,
             that
             she
             acted
             according
             to
             her
             principles
             ,
             and
             so
             lived
             an
             uncomfortable
             Life
             ,
             shaped
             a
             bloudy
             Reigne
             ,
             and
             had
             but
             a
             dim
             Conclusion
             .
          
           
             The
             Night
             was
             now
             spent
             ,
             and
             Queen
             Elizabeth
             like
             the
             morning
             Star
             rising
             into
             the
             Throne
             ,
             sent
             forth
             the
             benignant
             Influence
             of
             both
             her
             Predecessors
             ,
             and
             many
             waies
             excelled
             them
             both
             ,
             she
             was
             begotten
             in
             a
             heat
             against
             Rome
             ,
             wherein
             also
             she
             was
             borne
             and
             trained
             up
             by
             her
             Father
             and
             Brother
             Edwards
             Order
             ,
             and
             saw
             enough
             in
             her
             Sisters
             course
             to
             confirme
             her
             therein
             .
             For
             Queen
             Mary
             was
             not
             very
             Catholique
             in
             her
             Throne
             ,
             though
             she
             was
             in
             her
             Oratory
             .
             Nevertheless
             ,
             Queen
             Elizabeths
             Course
             hereunto
             was
             very
             strange
             ,
             and
             might
             seem
             in
             outward
             respects
             to
             lead
             her
             quite
             wide
             ,
             for
             her
             youth
             was
             under
             a
             continuall
             yoke
             ,
             her
             Mother
             dead
             whiles
             she
             was
             at
             the
             breast
             ;
             her
             Father
             owning
             her
             no
             further
             then
             as
             his
             Child
             born
             of
             a
             rebellious
             Woman
             ,
             never
             intending
             her
             for
             the
             Crown
             ,
             so
             long
             as
             any
             hope
             was
             left
             of
             any
             other
             ;
             with
             her
             age
             the
             yoke
             grew
             more
             heavy
             ,
             her
             Brother
             Edward
             being
             but
             of
             the
             half
             blood
             ,
             except
             in
             point
             of
             Religion
             ,
             might
             repect
             her
             at
             a
             distance
             beyond
             his
             Mothers
             family
             ,
             but
             this
             lasted
             not
             long
             ,
             her
             Sister
             Mary
             comes
             next
             ,
             of
             a
             stranger
             blood
             to
             her
             then
             her
             Brother
             was
             ;
             looking
             ever
             back
             upon
             her
             as
             one
             too
             nigh
             her
             heele
             ,
             and
             more
             ready
             to
             tread
             upon
             her
             Traine
             then
             support
             it
             ,
             the
             difference
             in
             Religion
             between
             
             them
             two
             added
             yet
             further
             Leven
             ,
             and
             this
             occasioned
             from
             her
             Sister
             ,
             to
             her
             many
             sowre
             reflections
             ,
             bitter
             words
             ,
             harsh
             usage
             ,
             concluding
             with
             Imprisonment
             ,
             and
             not
             without
             danger
             of
             Death
             :
             All
             which
             Queen
             Elizabeth
             saw
             well
             ,
             made
             the
             lesse
             noise
             in
             Religion
             ,
             walked
             warily
             ,
             and
             resolved
             with
             patience
             to
             indure
             the
             brunt
             ;
             for
             she
             might
             perceive
             by
             her
             Fathers
             Will
             that
             her
             way
             to
             the
             Crown
             ,
             if
             ever
             she
             arived
             at
             the
             end
             ,
             must
             be
             through
             a
             feild
             of
             blood
             ,
             and
             though
             she
             knew
             her
             change
             of
             Religion
             might
             make
             the
             way
             more
             plain
             ,
             yet
             God
             kept
             her
             in
             a
             patient
             waiting
             ,
             untill
             the
             set
             time
             was
             come
             .
             Thus
             passing
             over
             her
             Minority
             with
             little
             experience
             of
             youthfull
             pleasures
             ,
             she
             had
             the
             happiness
             to
             have
             the
             lesse
             sense
             of
             youthfull
             lusts
             ,
             which
             meeting
             with
             naturall
             Endowments
             of
             the
             larger
             size
             ,
             rendred
             her
             the
             goodliest
             mirror
             of
             a
             Queen
             Regent
             that
             ever
             the
             Sun
             shone
             upon
             ,
             God
             adding
             thereto
             both
             Honour
             and
             continuance
             ,
             above
             all
             that
             ever
             sate
             in
             that
             Throne
             :
             Her
             entrance
             was
             with
             more
             joy
             to
             others
             then
             her self
             ,
             for
             she
             kept
             her
             pace
             as
             treading
             amongst
             thornes
             ,
             and
             was
             still
             somwhat
             reserved
             ,
             even
             in
             matters
             of
             Religion
             ,
             though
             she
             was
             known
             to
             be
             devout
             .
             She
             had
             observed
             that
             the
             hasty
             pace
             both
             of
             her
             Brother
             and
             Sister
             brought
             early
             troubles
             before
             either
             of
             them
             were
             well
             setled
             in
             their
             Throne
             .
             And
             therefore
             whereas
             her
             Sister
             first
             set
             up
             the
             Masse
             ,
             and
             then
             indeavoured
             to
             settle
             it
             by
             disputes
             ,
             she
             contrarily
             first
             caused
             the
             point
             to
             be
             debated
             ,
             and
             thereby
             gained
             liking
             to
             lay
             it
             aside
             .
             It
             s
             true
             the
             moderatorship
             in
             that
             dispute
             was
             imposed
             upon
             a
             Lay
             man
             (
             as
             their
             term
             is
             )
             but
             his
             work
             being
             to
             hold
             the
             Disputants
             to
             order
             in
             debate
             ,
             and
             not
             to
             determine
             the
             point
             in
             Controversie
             (
             which
             thing
             was
             left
             to
             the
             Auditory
             )
             might
             therefore
             more
             rationally
             be
             done
             by
             him
             ,
             then
             censured
             by
             any
             Historian
             that
             shall
             undertake
             to
             judg
             them
             all
             .
          
           
             The
             first
             step
             thus
             made
             ,
             one
             made
             way
             for
             another
             ,
             till
             the
             whole
             became
             levened
             ;
             her
             proceedings
             against
             Opposers
             were
             with
             much
             lenity
             ,
             rather
             overlooking
             ,
             then
             looking
             on
             ;
             and
             such
             as
             stood
             more
             directly
             in
             her
             path
             she
             would
             rather
             
             set
             a
             side
             then
             trample
             down
             :
             And
             be
             faire
             to
             all
             (
             without
             respect
             to
             difference
             of
             Religion
             )
             that
             would
             be
             faire
             to
             her
             .
             Much
             of
             her
             happinesse
             depended
             upon
             Election
             of
             her
             Councell
             ,
             
             more
             in
             observing
             their
             advice
             ,
             that
             whether
             she
             did
             rule
             ,
             or
             were
             ruled
             ,
             or
             did
             rule
             by
             being
             ruled
             ,
             might
             deserve
             some
             consideration
             :
             This
             she
             did
             to
             give
             satisfaction
             to
             such
             as
             took
             prejudice
             at
             her
             Sex
             ,
             rather
             then
             out
             of
             any
             sense
             of
             imbecility
             in
             her
             own
             intellectuals
             ,
             for
             therein
             she
             equalled
             the
             best
             of
             her
             Predecessors
             ,
             and
             in
             learned
             Endowments
             exceeded
             them
             all
             .
             Generally
             she
             was
             of
             a
             publique
             minde
             ,
             if
             not
             populer
             ,
             she
             loved
             to
             be
             seen
             of
             the
             People
             ,
             
             and
             yet
             kept
             her
             distance
             :
             Her
             Sex
             taught
             her
             to
             use
             her
             tongue
             much
             ,
             and
             her
             education
             to
             use
             it
             well
             and
             wisely
             :
             That
             ,
             with
             a
             reserved
             carriage
             was
             her
             Scepter
             ,
             winning
             thereby
             applause
             from
             the
             inferiour
             sort
             ,
             and
             awe
             from
             the
             greater·
             A
             wise
             man
             that
             was
             an
             eye
             witnesse
             of
             many
             of
             her
             Actions
             and
             of
             those
             that
             succeeded
             her
             ,
             many
             times
             hath
             said
             ,
             That
             a
             Courtier
             might
             make
             a
             better
             meale
             of
             one
             good
             look
             from
             her
             then
             of
             a
             good
             gift
             from
             some
             other
             King.
             Anothet
             felicity
             She
             had
             beyond
             others
             of
             her
             place
             ,
             She
             loved
             not
             to
             be
             tied
             but
             would
             be
             knit
             unto
             her
             People
             .
             To
             them
             She
             committed
             her
             confidence
             under
             God
             ,
             and
             they
             to
             her
             their
             cheifest
             Treasure
             on
             Earth
             ,
             Viz.
             Their
             hearts
             to
             her
             Parliament
             which
             was
             the
             most
             considerable
             party
             that
             She
             had
             to
             deale
             with
             ,
             She
             could
             personate
             Majesty
             equall
             to
             any
             Emperour
             ,
             and
             advise
             ,
             commend
             ,
             yea
             and
             chide
             if
             She
             saw
             occasion
             :
             And
             yet
             ever
             had
             a
             trick
             to
             come
             off
             with
             a
             kinde
             conclusion
             without
             blur
             of
             Honour
             .
             So
             as
             of
             thirteen
             Parliaments
             called
             during
             her
             Reigne
             ,
             not
             one
             became
             abortive
             by
             unkindness
             ;
             and
             yet
             not
             any
             one
             of
             them
             passed
             without
             Subsidy
             granted
             by
             the
             People
             ,
             but
             one
             wherein
             none
             was
             desired
             :
             And
             sometimes
             the
             aid
             was
             so
             liberall
             that
             She
             refused
             the
             one
             half
             ,
             and
             thanked
             the
             People
             for
             the
             remnant
             ;
             
             a
             courtesie
             that
             rang
             loud
             abroad
             to
             the
             shame
             of
             other
             Princes
             .
             She
             would
             often
             mention
             her
             Prerogative
             ,
             and
             yet
             not
             hold
             her self
             wise
             enough
             ,
             either
             to
             interrupt
             the
             Judges
             in
             their
             way
             ,
             nor
             the
             Bishops
             in
             theirs
             :
             
             Abeit
             She
             spared
             not
             also
             ,
             as
             She
             saw
             occasion
             ,
             to
             check
             the
             best
             of
             them
             for
             their
             irregularities
             ;
             She
             had
             no
             Beloved
             ,
             yet
             entertained
             Favorites
             at
             a
             cheaper
             rate
             and
             in
             better
             order
             then
             Kings
             use
             to
             do
             ,
             for
             She
             had
             a
             preferment
             within
             her
             power
             beyond
             the
             reach
             of
             them
             all
             ,
             and
             passion
             also
             soon
             at
             command
             ,
             or
             rather
             somtimes
             beyond
             command
             :
             Yet
             if
             calmely
             taken
             ,
             it
             ever
             proved
             good
             for
             that
             party
             (
             that
             suffered
             )
             in
             the
             conclusion
             .
             However
             ,
             her
             love
             She
             held
             under
             her
             own
             power
             ,
             and
             therein
             excelled
             her
             Forefathers
             ;
             She
             had
             the
             President
             of
             her
             Sister
             (
             that
             adventured
             upon
             a
             Prince
             for
             her
             Bed
             ,
             and
             missed
             what
             she
             expected
             ,
             and
             lost
             what
             She
             had
             )
             and
             thereby
             learned
             to
             call
             into
             question
             the
             possibility
             for
             her
             to
             gaine
             the
             private
             contentments
             of
             a
             married
             Life
             ,
             and
             therewith
             maintain
             her
             publique
             Interest
             in
             the
             Kingdome
             ;
             and
             therefore
             resolved
             rather
             to
             sit
             alone
             then
             to
             sit
             below
             ,
             and
             to
             refuse
             the
             help
             of
             any
             Consort
             ,
             rather
             then
             to
             part
             with
             any
             one
             jot
             of
             her
             Interest
             in
             the
             people
             :
             So
             She
             remained
             above
             the
             People
             and
             her self
             ,
             and
             thereby
             enjoyed
             both
             .
             But
             Custom
             in
             Government
             growing
             ,
             together
             with
             infirmities
             of
             age
             ,
             made
             her
             Regency
             taste
             somwhat
             stale
             and
             spiritless
             ,
             and
             gave
             occasion
             to
             mens
             Mindes
             to
             wander
             after
             the
             next
             Successor
             ;
             before
             She
             had
             been
             nine
             years
             Queen
             this
             scrutiny
             was
             once
             begun
             ;
             but
             it
             received
             a
             faire
             answer
             of
             delay
             ,
             because
             it
             was
             then
             taken
             as
             don
             in
             love
             ,
             now
             the
             apprehensions
             hereof
             according
             to
             her
             age
             are
             more
             sad
             ;
             She
             thinks
             them
             weary
             of
             her
             ,
             and
             therupon
             She
             is
             weary
             of
             her self
             and
             them
             :
             She
             supposes
             She
             can
             no
             longer
             give
             them
             content
             ;
             the
             Lords
             have
             the
             power
             ,
             they
             will
             not
             be
             ruled
             ;
             and
             such
             like
             dark
             thoughts
             working
             upon
             an
             aged
             body
             ,
             weakned
             with
             other
             infirmities
             ,
             wasted
             her
             spirits
             and
             hastned
             a
             conclusion
             unto
             a
             weary
             life
             ,
             her self
             not
             unwilling
             herewith
             ,
             and
             her
             Courtiers
             lesse
             ,
             who
             expecting
             more
             from
             Successors
             then
             they
             find
             ,
             lived
             to
             disdesire
             and
             unwish
             their
             former
             choise
             by
             late
             repentance
             ;
             thus
             making
             the
             ending
             of
             her
             dayes
             the
             renewing
             of
             her
             Reign
             in
             the
             hearts
             of
             all
             that
             observed
             her
             alive
             ,
             or
             consider
             her
             (
             now
             dead
             )
             in
             the
             written
             Registers
             of
             her
             Fame
             .
          
        
         
           
           
             CHAP.
             XXXV
             .
             Of
             the
             Supreme
             Power
             during
             these
             Times
             .
          
           
             THe
             Supreme
             Power
             ,
             but
             ere
             while
             monstrous
             in
             the
             two
             former
             Kings
             times
             for
             Greatness
             ,
             now
             suffers
             as
             great
             a
             diminution
             ,
             over-shadowed
             by
             infancy
             ,
             woman-hood
             ,
             and
             Coverture
             ;
             and
             gives
             the
             People
             breath
             to
             beware
             for
             the
             future
             ,
             
               Ne
               potentes
               si
               nocere
               velint
               non
               possent
            
             ;
             nevertheless
             the
             loss
             was
             only
             of
             the
             Hydropical
             humor
             ,
             and
             the
             Government
             came
             forth
             more
             clearly
             like
             it self
             .
             In
             the
             point
             of
             Infancy
             ,
             Edward
             the
             sixth
             bears
             it
             forth
             ,
             being
             the
             seventh
             President
             of
             Infancy
             ,
             ruling
             under
             Protectorship
             ,
             since
             the
             Norman
             times
             ;
             yet
             beyond
             all
             the
             rest
             in
             managing
             his
             Supremacy
             in
             Church
             matters
             ,
             which
             none
             of
             them
             all
             did
             ever
             ingage
             upon
             before
             him
             .
          
           
             English
             Prerogative
             and
             Supremacy
             are
             Notions
             of
             a
             sublime
             Nature
             ,
             and
             commonly
             looked
             upon
             as
             the
             holy
             Mount
             at
             the
             Delivery
             of
             the
             Law
             ,
             at
             a
             great
             distance
             ,
             for
             fear
             of
             death
             or
             undoing
             ;
             and
             yet
             it
             is
             such
             a
             thing
             as
             a
             childe
             may
             handle
             without
             hurt
             done
             ,
             either
             to
             the
             Estates
             ,
             Persons
             ,
             or
             Consciences
             of
             any
             Man
             ;
             because
             it
             s
             presupposed
             he
             does
             nothing
             but
             what
             the
             Law
             first
             dictates
             by
             his
             Councel
             unto
             him
             .
             There
             is
             then
             no
             infancy
             in
             the
             Crown
             ,
             though
             in
             the
             Person
             ,
             because
             the
             wisedom
             of
             the
             Crown
             is
             not
             intended
             to
             rest
             in
             one
             Person
             ,
             but
             in
             the
             Councels
             of
             many
             ,
             who
             are
             equally
             wise
             ,
             whether
             the
             Person
             of
             the
             King
             be
             old
             or
             young
             .
             
             And
             that
             Statute
             made
             by
             Henry
             the
             eighth
             ,
             by
             which
             this
             King
             had
             power
             by
             his
             Letters
             Patents
             ,
             after
             the
             age
             of
             24
             years
             ,
             to
             adnull
             any
             Act
             of
             Parliament
             made
             by
             him
             before
             that
             time
             ,
             was
             not
             grounded
             either
             upon
             Principles
             of
             Law
             or
             general
             Reason
             of
             State
             ,
             but
             upon
             some
             particular
             Circumstances
             of
             the
             state
             of
             the
             Affairs
             as
             then
             they
             stood
             ;
             and
             therefore
             is
             this
             power
             limited
             onely
             to
             such
             Heirs
             or
             Assignees
             of
             Henry
             the
             eighth
             ,
             to
             whom
             the
             
             Crown
             shall
             come
             by
             his
             appointment
             .
             Nor
             did
             it
             ever
             thrive
             to
             that
             desired
             end
             whereto
             it
             was
             intended
             :
             for
             upon
             the
             entry
             of
             Edward
             the
             sixth
             ,
             the
             Councels
             changed
             ,
             
             and
             the
             Parliament
             took
             this
             Statute
             away
             ,
             as
             scandalous
             to
             the
             fundamental
             Government
             of
             the
             Nation
             ,
             and
             in
             stead
             of
             the
             power
             of
             Adnulling
             ,
             allowed
             of
             the
             power
             of
             Repealing
             ;
             yet
             so
             as
             untill
             such
             time
             of
             Repeal
             the
             said
             Statutes
             ,
             and
             all
             Acts
             thereupon
             done
             ,
             shall
             for
             ever
             be
             deemed
             warrantable
             and
             good
             .
             This
             was
             too
             much
             ,
             but
             that
             the
             Times
             were
             yet
             in
             
               Equi
               lubrio
            
             ,
             and
             men
             were
             loath
             to
             part
             with
             their
             Interests
             ,
             which
             they
             did
             hang
             upon
             that
             Power
             of
             Reserve
             ,
             unto
             the
             Kings
             Letters
             Patents
             :
             yet
             in
             that
             the
             Power
             is
             limited
             ,
             not
             onely
             in
             regard
             of
             the
             manner
             and
             time
             ,
             but
             of
             the
             persons
             ,
             and
             also
             of
             the
             Statutes
             that
             are
             to
             be
             repealed
             :
             it
             is
             sufficient
             to
             vindicate
             the
             nature
             of
             this
             Prerogative
             (
             if
             such
             it
             were
             )
             to
             be
             no
             ways
             inherent
             ,
             but
             acquired
             by
             Concession
             .
             But
             as
             touching
             the
             Legislative
             Power
             ,
             they
             would
             not
             trust
             it
             in
             the
             least
             manner
             to
             any
             other
             King.
             The
             Parliament
             had
             crowned
             Proclamations
             at
             the
             instance
             of
             Henry
             the
             eighth
             ,
             with
             that
             royal
             Title
             of
             Laws
             ,
             
             in
             manner
             as
             formerly
             hath
             been
             noted
             .
             Now
             all
             Interests
             ,
             both
             of
             the
             Popish
             and
             of
             the
             Reformed
             parties
             of
             this
             Nation
             ,
             are
             against
             it
             ;
             the
             former
             because
             they
             saw
             the
             Kings
             present
             way
             to
             be
             against
             them
             ,
             and
             both
             it
             and
             the
             later
             because
             the
             thing
             it self
             was
             abominable
             unto
             the
             Liberties
             of
             the
             People
             ,
             and
             therefore
             it
             is
             soon
             taken
             away
             by
             Repeal
             ,
             and
             the
             Legislative
             Power
             is
             wholly
             re-assumed
             to
             themselves
             ,
             
             as
             formerly
             :
             for
             though
             in
             matters
             Ecclesiastical
             the
             Power
             of
             the
             Crown
             might
             seem
             to
             be
             more
             pre-eminent
             in
             regard
             of
             the
             Supremacy
             ,
             
             and
             some
             particular
             Powers
             in
             making
             Bishops
             by
             Election
             without
             
               Conge
               destire
            
             ,
             yet
             did
             the
             Parliament
             neither
             yeild
             or
             acknowledge
             any
             Legislative
             Power
             to
             be
             in
             the
             Crown
             thereby
             ,
             but
             proceeded
             on
             in
             that
             way
             of
             the
             thirty
             and
             two
             Commissioners
             formerly
             agreed
             upon
             by
             them
             ,
             in
             the
             time
             of
             the
             Kings
             father
             .
             Thus
             the
             King
             ,
             
             though
             an
             Infant
             ,
             was
             a
             Gainer
             ,
             and
             the
             Crown
             nevertheless
             still
             the
             same
             .
          
           
           
             Secondly
             ,
             that
             Crown
             that
             may
             be
             worn
             by
             an
             Infant
             may
             much
             rather
             be
             worn
             by
             a
             Woman
             ,
             whose
             natural
             Indowments
             do
             far
             exceed
             the
             other
             ,
             and
             are
             not
             inferior
             unto
             the
             most
             of
             men
             :
             of
             this
             we
             have
             two
             Examples
             in
             these
             Times
             ,
             Queen
             Mary
             and
             Queen
             Elizabeth
             ,
             of
             severall
             professions
             in
             matters
             of
             Religion
             ,
             and
             liable
             to
             Exceptions
             ,
             in
             regard
             of
             their
             Sex
             ,
             by
             men
             of
             the
             counter-profession
             on
             both
             sides
             ;
             yet
             both
             upheld
             the
             honor
             of
             the
             Crown
             ,
             though
             therein
             the
             one
             more
             especially
             ,
             being
             neither
             ingaged
             in
             the
             Roman
             Cause
             ,
             nor
             in
             the
             Estate
             of
             Marriage
             ,
             as
             the
             other
             was
             .
             This
             was
             Queen
             Elizabeth
             ,
             in
             person
             a
             Woman
             ,
             but
             in
             minde
             indowed
             with
             all
             the
             perfections
             of
             a
             man
             ;
             she
             could
             not
             indure
             to
             abate
             one
             hairs
             breadth
             of
             her
             State
             ;
             and
             yet
             upon
             the
             sole
             regard
             of
             her
             Sex
             she
             submitted
             her
             Title
             of
             Supremacy
             to
             a
             more
             moderate
             name
             of
             Supreme
             Governour
             ,
             whereas
             her
             father
             would
             be
             called
             Supreme
             Head
             ,
             as
             if
             it
             were
             not
             onely
             hazardous
             ,
             but
             hideous
             for
             a
             Woman
             to
             be
             Supreme
             Head
             of
             the
             Church
             ;
             
             and
             for
             this
             cause
             would
             she
             not
             revive
             that
             Statute
             made
             by
             her
             Father
             ,
             and
             continued
             by
             her
             Brother
             Edward
             the
             Sixth
             ,
             and
             repealed
             by
             her
             Sister
             Queen
             Mary
             :
             
             nevertheless
             such
             as
             she
             was
             ,
             she
             had
             all
             such
             Jurisdictions
             ,
             Priviledges
             ,
             Superiorities
             ,
             and
             Pre-eminencies
             ,
             Spiritual
             or
             Ecclesiastical
             ,
             as
             by
             any
             Ecclesiastical
             Power
             or
             Authority
             formerly
             had
             been
             ,
             or
             might
             be
             lawfully
             exercised
             ,
             for
             Visitation
             of
             the
             Ecclesiastical
             State
             and
             Persons
             ,
             and
             for
             Reformation
             ,
             Order
             ,
             and
             Correction
             of
             the
             same
             ,
             and
             of
             all
             manner
             of
             Errours
             ,
             Heresies
             ,
             Schismes
             ,
             Abuses
             ,
             Offences
             ,
             Contempts
             ,
             and
             Enormities
             ;
             she
             had
             therefore
             neither
             absolute
             Empire
             ,
             nor
             absolute
             Jurisdiction
             over
             the
             Churches
             ;
             neither
             Power
             to
             make
             ,
             declare
             ,
             alter
             ,
             or
             repeal
             any
             Law
             ;
             neither
             did
             she
             ever
             exercise
             any
             such
             Power
             ,
             but
             onely
             by
             Act
             of
             Parliament
             :
             
             she
             had
             a
             Power
             over
             Ceremonies
             in
             the
             Worship
             of
             God
             ,
             which
             was
             given
             her
             by
             the
             Parliament
             to
             execute
             by
             advice
             ,
             and
             therefore
             was
             limited
             ,
             as
             also
             was
             all
             the
             remainder
             of
             her
             .
             Power
             in
             Jurisdiction
             Ecclesiastical
             ;
             for
             she
             could
             do
             nothing
             in
             her
             own
             Person
             ,
             but
             by
             Commission
             :
             and
             these
             Commissioners
             must
             be
             Natives
             and
             Denizons
             ,
             
             not
             Forrainers
             ;
             and
             the
             same
             to
             be
             but
             in
             certain
             Cases
             ,
             and
             with
             certain
             Process
             .
             Some
             Cases
             of
             Ecclesiastical
             Cognisance
             were
             referred
             to
             Triall
             at
             the
             Common
             Law
             ,
             
             viz.
             Such
             as
             concerned
             the
             publique
             Worship
             of
             God
             in
             Cases
             of
             Forfeiture
             and
             Imprisonment
             .
          
           
             Lastly
             ,
             neither
             had
             the
             Queen
             ,
             nor
             her
             Commissioners
             ,
             nor
             Bishops
             ,
             absolute
             Power
             over
             the
             Church-Censures
             ;
             no
             Censure
             was
             regarded
             but
             Excommunication
             ,
             and
             that
             no
             further
             then
             in
             order
             to
             the
             Writ
             ,
             
               De
               Excommunicato
               capiendo
            
             ,
             and
             in
             all
             Cases
             the
             same
             was
             to
             be
             regulated
             according
             to
             the
             Statute
             in
             that
             Case
             provided
             ,
             
             or
             by
             the
             Common
             Law
             in
             Case
             of
             Action
             :
             in
             all
             which
             we
             finde
             no
             Jurisdiction
             in
             Cases
             Ecclesiastical
             that
             is
             absolutely
             settled
             in
             the
             Crown
             :
             In
             matters
             Temporal
             the
             thing
             is
             yet
             more
             clear
             ;
             she
             never
             altered
             ,
             continued
             ,
             repealed
             ,
             nor
             explained
             any
             Law
             ,
             otherwise
             then
             by
             Act
             of
             Parliament
             ,
             whereof
             there
             are
             multitudes
             of
             Examples
             in
             the
             Statutes
             of
             her
             Reign
             ;
             and
             what
             she
             did
             by
             her
             Judges
             was
             ever
             under
             Correction
             .
             A
             Woman
             she
             was
             ,
             and
             therefore
             could
             be
             no
             Judge
             ,
             much
             less
             in
             the
             Cases
             of
             Difference
             concerning
             her self
             and
             her
             Crown
             .
             
             A
             Queen
             she
             was
             ,
             and
             might
             make
             Judges
             ,
             but
             she
             must
             go
             according
             to
             the
             Law
             ;
             new
             Judicatories
             she
             could
             make
             none
             ;
             nor
             judicially
             make
             ,
             declare
             ,
             alter
             ,
             or
             determine
             the
             Power
             of
             any
             Court
             or
             Judge
             in
             Case
             of
             Difficulty
             ,
             but
             by
             her
             Parliament
             ;
             
             as
             in
             the
             Cases
             concerning
             the
             Power
             of
             the
             Lord
             Keeper
             ,
             the
             Powers
             of
             the
             Commissioners
             of
             Sewers
             ,
             and
             charitable
             uses
             ,
             the
             Courts
             at
             Westminster
             ,
             and
             the
             County
             Courts
             ,
             in
             the
             severall
             Statutes
             concerning
             the
             same
             may
             more
             fully
             appear
             .
             And
             which
             is
             yet
             of
             a
             meaner
             size
             ,
             her
             Power
             extended
             not
             to
             redress
             any
             inconvenience
             in
             process
             of
             Errour
             ,
             or
             Delay
             ,
             in
             Courts
             of
             Law
             ,
             nor
             to
             remedy
             Errours
             in
             Judgements
             ,
             Fines
             ,
             Recoveries
             ,
             Attainders
             ,
             or
             other
             matters
             of
             Record
             ,
             or
             Triall
             ,
             whereof
             the
             Statutes
             of
             her
             time
             are
             full
             ,
             and
             also
             the
             opinions
             and
             judgements
             of
             the
             Judges
             of
             the
             Common
             Law
             concurring
             therewith
             :
             I
             mention
             not
             the
             power
             of
             life
             and
             member
             ,
             which
             without
             all
             contradiction
             hath
             ever
             been
             under
             the
             protection
             of
             the
             known
             Law
             ;
             so
             
             as
             upon
             the
             whole
             Account
             it
             will
             be
             evident
             ,
             that
             this
             Queen
             had
             no
             absolute
             Pre-eminence
             in
             all
             Cases
             ,
             but
             either
             in
             contra-distinction
             to
             forrain
             Power
             ,
             or
             the
             power
             of
             any
             particular
             person
             ,
             and
             not
             in
             opposition
             to
             the
             joint
             interest
             of
             the
             Representative
             of
             England
             .
          
           
             Queen
             Mary
             comes
             next
             ,
             although
             a
             Woman
             as
             well
             as
             she
             ,
             yea
             her
             elder
             sister
             and
             predecessor
             ,
             yet
             came
             short
             of
             her
             in
             the
             point
             of
             Supremacy
             ,
             by
             a
             double
             submission
             ,
             both
             unto
             the
             Law
             of
             a
             Husband
             ,
             and
             of
             a
             forrain
             power
             in
             cases
             Ecclesiastical
             ;
             although
             the
             same
             was
             with
             such
             qualifications
             as
             it
             was
             much
             more
             in
             Title
             and
             pretence
             then
             in
             reality
             ;
             and
             so
             in
             the
             conclusion
             ,
             neither
             approved
             her self
             to
             be
             good
             Wife
             ,
             good
             Catholique
             ,
             nor
             good
             Queen
             .
             She
             could
             be
             no
             good
             Wife
             ,
             because
             she
             was
             too
             great
             for
             her
             Husband
             within
             the
             Realm
             ,
             and
             resolved
             not
             to
             be
             without
             .
             A
             Catholique
             she
             was
             ,
             but
             the
             worst
             that
             ever
             held
             her
             place
             :
             her
             Father
             appeared
             what
             he
             was
             ,
             spake
             plain
             English
             ,
             and
             was
             easily
             discerned
             .
             But
             she
             told
             the
             Pope
             a
             fair
             Tale
             of
             disclaiming
             Supremacy
             ,
             and
             reconciling
             her
             Kingdom
             ;
             yet
             none
             of
             her
             Predecessors
             did
             go
             beyond
             her
             in
             irregularity
             of
             her
             proceedings
             .
             Before
             ever
             she
             called
             Parliament
             ,
             she
             settled
             the
             great
             Work
             of
             Reformation
             ,
             or
             rather
             Deformation
             in
             the
             Worship
             of
             God
             ,
             by
             single
             Proclamation
             ;
             and
             not
             onely
             took
             away
             the
             partition-wall
             of
             Doctrine
             by
             the
             like
             power
             ,
             but
             gave
             way
             ,
             and
             power
             to
             Persecution
             thereupon
             ,
             to
             arise
             before
             any
             power
             or
             Order
             from
             the
             holy
             Sea
             ,
             then
             so
             called
             ,
             inabled
             her
             thereunto
             .
             And
             after
             that
             she
             declared
             her self
             convinced
             ,
             that
             she
             ought
             not
             to
             exercise
             Ecclesiastical
             Jurisdiction
             ,
             and
             by
             her
             Instructions
             forbade
             the
             Bishops
             to
             use
             in
             their
             Process
             that
             Clause
             of
             
               Regia
               Autoritate
               fulcitus
            
             ,
             yet
             even
             these
             Instructions
             had
             no
             other
             Authority
             then
             her
             own
             ;
             and
             nevertheless
             she
             still
             inforced
             the
             Execution
             of
             all
             matters
             concerning
             the
             publique
             Worship
             of
             God
             ,
             and
             Government
             of
             the
             Church
             ,
             when
             as
             yet
             the
             Pope
             had
             no
             admittance
             unto
             his
             ancient
             claim
             .
             It
             is
             very
             true
             ,
             that
             the
             Pope
             long
             ere
             now
             had
             made
             a
             fair
             offer
             ,
             and
             the
             Queen
             had
             lent
             
             her
             ear
             ,
             but
             her
             Train
             was
             too
             great
             to
             move
             as
             fast
             as
             was
             pretended
             ,
             so
             as
             no
             meeting
             could
             be
             had
             till
             the
             Queens
             Marriage
             with
             Spain
             was
             past
             ,
             and
             such
             as
             were
             dis-affected
             ,
             found
             it
             was
             bootless
             to
             stop
             the
             Current
             of
             two
             such
             mighty
             streams
             of
             Power
             ,
             now
             joyned
             into
             one
             ;
             and
             so
             that
             unclean
             spirit
             returned
             seven
             times
             worse
             then
             when
             he
             went
             out
             ,
             and
             took
             Seisin
             ,
             meerly
             upon
             Repeal
             of
             the
             Laws
             made
             by
             Henry
             the
             eighth
             ,
             in
             the
             Negative
             ,
             without
             further
             Grant
             or
             Livery
             :
             for
             though
             an
             express
             Embassage
             was
             sent
             to
             Rome
             ,
             to
             perform
             the
             solemnity
             of
             the
             submission
             ,
             yet
             the
             Pope
             died
             before
             the
             arivall
             of
             the
             Embassie
             ,
             and
             the
             solemnity
             failing
             ,
             left
             the
             Title
             of
             the
             Crown
             much
             blemished
             ,
             yet
             was
             it
             not
             wholly
             defaced
             ;
             for
             if
             the
             Statutes
             in
             Henry
             the
             eighth
             and
             Edward
             the
             sixths
             time
             ,
             did
             but
             confirm
             the
             possession
             ,
             its
             evident
             that
             the
             repealing
             of
             those
             Statutes
             took
             away
             no
             right
             from
             the
             Crown
             ,
             nor
             gave
             legal
             possession
             to
             the
             Pope
             ,
             that
             had
             formerly
             neither
             possession
             nor
             right
             ,
             but
             left
             him
             to
             his
             Remitter
             ,
             as
             in
             his
             ancient
             right
             ,
             or
             rather
             in
             his
             ancient
             wrong
             .
             Yet
             right
             or
             wrong
             ,
             
               de
               facto
            
             ,
             he
             both
             did
             win
             and
             wear
             the
             Keys
             so
             long
             as
             the
             Queen
             lived
             ,
             and
             so
             far
             as
             she
             pleased
             ;
             for
             her
             devotion
             would
             not
             allow
             of
             absolute
             obedience
             in
             that
             kinde
             ,
             nor
             all
             for
             Gospel
             that
             the
             Pope
             said
             or
             did
             ;
             but
             by
             her self
             and
             Councel
             executed
             the
             powers
             of
             Supremacy
             of
             Jurisdiction
             in
             Church
             matters
             ,
             not
             onely
             in
             pursuance
             of
             the
             Papall
             Authority
             ,
             but
             in
             crossing
             the
             same
             where
             the
             Popes
             way
             crossed
             her
             opinion
             ,
             as
             in
             the
             cases
             of
             the
             War
             between
             her
             Husband
             and
             France
             ,
             and
             the
             Power
             Legatine
             of
             Cardinal
             Pool
             ,
             her
             condemning
             of
             Doctrines
             and
             Books
             to
             be
             Heretical
             by
             Proclamation
             ,
             establishing
             both
             Prayers
             and
             Dirges
             ,
             and
             other
             Orders
             of
             publique
             Worship
             ,
             whereof
             more
             fully
             in
             the
             publique
             Histories
             of
             those
             Times
             ,
             
             and
             in
             the
             Queens
             Injunction
             upon
             occasion
             of
             the
             Death
             of
             Pope
             Julio
             ,
             is
             to
             be
             seen
             .
          
           
             Lastly
             ,
             she
             was
             no
             good
             Queen
             ,
             not
             onely
             because
             she
             gave
             up
             the
             Peoples
             Liberties
             in
             Ecclesiasticall
             matters
             to
             the
             forrain
             Jurisdiction
             of
             Rome
             ,
             but
             undertook
             too
             much
             therein
             
             by
             far
             upon
             her
             own
             account
             ,
             and
             in
             Civil
             Affairs
             ,
             though
             
               De
               jure
            
             ,
             She
             was
             not
             inferior
             to
             any
             of
             her
             Progenitors
             ;
             yet
             She
             would
             have
             it
             declared
             by
             the
             Parliament
             ,
             as
             if
             the
             consideration
             of
             her
             Sex
             or
             birth
             ,
             had
             made
             som
             hesitation
             in
             her
             minde
             ,
             
             and
             when
             she
             had
             made
             all
             clear
             ,
             she
             commending
             her self
             thereby
             to
             the
             Prince
             of
             Spain
             ,
             with
             her self
             ,
             indangered
             likewise
             that
             trust
             of
             the
             Nation
             which
             she
             had
             received
             ,
             and
             cast
             such
             a
             shadow
             upon
             her
             own
             Supremacy
             ,
             as
             in
             many
             things
             it
             is
             hard
             to
             be
             discerned
             .
          
           
             Lastly
             ,
             In
             her
             whole
             course
             uneven
             ,
             sometimes
             appearing
             like
             the
             eldest
             Daughter
             of
             Henry
             the
             Eighth
             ,
             at
             other
             times
             like
             a
             Fem
             covert
             ,
             led
             by
             the
             will
             of
             her
             Lord
             and
             Husband
             ,
             that
             wanting
             Supremacy
             himself
             ,
             rendred
             her
             thereby
             beneath
             her self
             .
          
           
             For
             First
             ,
             She
             married
             by
             Act
             of
             Parliament
             ,
             as
             if
             She
             were
             not
             at
             her
             own
             disposing
             ,
             professing
             as
             much
             in
             her
             speech
             to
             the
             Londoners
             ,
             upon
             the
             Kentish
             rebellion
             ;
             so
             a
             difference
             was
             made
             between
             the
             two
             Sisters
             ,
             the
             marriage
             of
             the
             one
             being
             by
             advice
             of
             Parliament
             ,
             and
             the
             abstinence
             of
             the
             other
             against
             the
             same
             .
             Nor
             is
             the
             same
             altogether
             irrationall
             ,
             for
             by
             the
             one
             the
             Government
             of
             the
             Nation
             is
             indangered
             ,
             and
             by
             the
             other
             otherwise
             .
          
           
             Secondly
             ,
             By
             her
             marriage
             She
             became
             doubly
             married
             ,
             one
             way
             relating
             to
             her
             Person
             unto
             her
             King
             ;
             the
             other
             relatintog
             her
             trust
             unto
             her
             Councell
             :
             For
             where
             a
             Forraine
             mighty
             King
             is
             so
             nigh
             the
             Helme
             ,
             its
             dangerous
             to
             trust
             the
             same
             to
             his
             Wife
             without
             the
             joynt
             concurrence
             of
             the
             Lords
             .
             The
             matter
             in
             fact
             declared
             no
             less
             ,
             for
             many
             times
             She
             had
             steered
             quite
             wide
             ,
             had
             not
             the
             Lords
             been
             more
             stiff
             to
             their
             principles
             then
             She.
             
          
           
             The
             first
             yeare
             of
             her
             marriage
             was
             Hony-moon
             with
             her
             ,
             She
             thought
             nothing
             too
             dear
             for
             the
             King
             ,
             and
             that
             her self
             was
             but
             meanly
             married
             unless
             her
             Husband
             were
             as
             compleat
             a
             King
             in
             her
             Nation
             as
             any
             of
             her
             Predecessors
             ,
             although
             contrarily
             the
             higher
             he
             was
             advanced
             the
             meaner
             She
             became
             .
          
           
             Thirdly
             ,
             By
             her
             marriage
             She
             adventured
             her
             Title
             of
             
             Supremacy
             of
             jurisdiction
             :
             For
             Phillip
             as
             King
             had
             the
             Honour
             ,
             stile
             ,
             and
             Kingly
             name
             ,
             and
             so
             had
             the
             precedency
             ;
             he
             had
             to
             do
             also
             with
             the
             jurisdiction
             ,
             for
             by
             the
             Articles
             of
             the
             marriage
             he
             was
             to
             aid
             the
             Queen
             in
             her
             administration
             of
             the
             Kingdome
             and
             maintenance
             of
             the
             Lawes
             ,
             Writs
             ,
             and
             Commissions
             ,
             passed
             under
             his
             name
             :
             He
             also
             sate
             in
             Parliament
             ,
             voted
             therein
             and
             joyned
             in
             the
             Royall
             Assent
             .
          
           
             Lastly
             ,
             Joyned
             in
             the
             publication
             ,
             and
             execution
             of
             all
             Lawes
             .
             To
             him
             also
             was
             Allegiance
             due
             ,
             and
             therefore
             the
             Crime
             of
             Treason
             was
             equally
             against
             his
             as
             the
             Queens
             Crown
             and
             Dignity
             ,
             saving
             that
             it
             was
             reserved
             to
             be
             as
             against
             him
             onely
             during
             the
             time
             of
             Coverture
             ,
             and
             yet
             had
             the
             Queen
             left
             issue
             by
             him
             it
             would
             have
             been
             a
             hard
             adventure
             for
             the
             Lawers
             to
             have
             given
             their
             opinion
             in
             that
             case
             ,
             
             seeing
             the
             King
             had
             been
             Guardian
             to
             his
             Children
             during
             their
             minority
             .
          
           
             Lastly
             ,
             The
             whole
             power
             and
             jurisdiction
             resting
             in
             them
             both
             joyntly
             ,
             could
             not
             inable
             them
             to
             make
             or
             dissolve
             Courts
             at
             will
             nor
             conclude
             orders
             and
             directions
             in
             cases
             of
             Plea
             and
             conveyance
             ,
             nor
             process
             concerning
             the
             same
             .
             
             I
             shall
             sum
             up
             all
             in
             this
             on
             econclusion
             ,
             if
             neither
             of
             these
             three
             had
             an
             absolute
             Legislative
             power
             ,
             either
             in
             matters
             concerning
             the
             Church
             or
             Common-Wealth
             ,
             if
             no
             absolute
             jurisdiction
             in
             case
             ,
             either
             of
             Life
             ,
             Member
             ,
             or
             Estate
             .
             If
             they
             neither
             can
             create
             ,
             unite
             ,
             or
             alter
             any
             Court
             ,
             either
             concerning
             the
             Triall
             and
             determining
             the
             Estates
             of
             the
             People
             or
             their
             own
             Revenue
             .
             If
             not
             alter
             ,
             or
             make
             any
             new
             process
             in
             Courts
             of
             Law
             :
             If
             not
             order
             common
             assurances
             of
             Lands
             or
             Estates
             .
          
           
             And
             Lastly
             ,
             If
             they
             have
             no
             power
             in
             determining
             the
             last
             appeal
             and
             definitive
             sentence
             in
             matters
             of
             controversy
             ,
             but
             all
             must
             rest
             upon
             the
             sentence
             by
             Parliament
             ,
             there
             must
             certainly
             be
             found
             out
             a
             further
             sense
             of
             that
             grand
             Title
             of
             Supremacy
             of
             jurisdiction
             ,
             power
             ,
             superiority
             ,
             pre-eminence
             and
             Authority
             ,
             then
             by
             the
             common
             vogue
             hath
             bin
             made
             .
             The
             Title
             of
             supremacy
             was
             first
             formed
             in
             the
             behalf
             of
             Henry
             the
             eighths
             Claime
             in
             matters
             Ecclesiasticall
             ,
             which
             
             by
             the
             Statute
             ,
             is
             explained
             under
             these
             words
             of
             power
             ,
             To
             visit
             ,
             
             correct
             ,
             repress
             ,
             redress
             ,
             Offences
             and
             Enormities
             :
             This
             Power
             and
             no
             other
             did
             Queen
             Elizabeth
             claime
             ,
             witness
             the
             words
             of
             the
             Statute
             in
             her
             own
             time
             .
             
             But
             in
             the
             framing
             of
             the
             Oath
             of
             Supremacy
             in
             her
             time
             ,
             not
             only
             in
             causes
             Ecclesiastical
             but
             temporal
             (
             which
             never
             came
             within
             the
             Statutes
             and
             publique
             Acts
             in
             Henry
             the
             sevenths
             time
             )
             are
             inserted
             ;
             and
             if
             any
             thing
             more
             was
             intended
             it
             must
             come
             under
             the
             word
             Things
             ,
             which
             also
             was
             inserted
             in
             the
             said
             Oath
             ,
             and
             yet
             if
             the
             words
             of
             the
             Statute
             of
             Queen
             Elizabeth
             formerly
             mentioned
             be
             credited
             ,
             the
             word
             Things
             ought
             to
             comprehend
             no
             more
             then
             the
             word
             Causes
             ,
             and
             then
             the
             Power
             of
             Queen
             Elizabeth
             in
             the
             Common-Wealth
             will
             be
             comprehended
             in
             these
             words
             of
             Supremacy
             ,
             to
             visit
             ,
             correct
             ,
             repress
             ,
             redress
             ,
             Offences
             and
             Enormities
             ,
             for
             the
             Supremacy
             in
             the
             Church
             and
             Common-Wealth
             ,
             is
             the
             same
             in
             Measure
             ,
             and
             what
             more
             then
             this
             ,
             I
             cannot
             understand
             out
             of
             any
             publique
             Act
             of
             this
             Nation
             .
             Now
             in
             regard
             Offences
             and
             Enormities
             are
             properly
             against
             Lawes
             ,
             the
             power
             to
             visit
             and
             correct
             must
             also
             be
             regulated
             according
             to
             Laws
             ,
             either
             of
             War
             or
             Peace
             ,
             nor
             do
             these
             five
             words
             Jurisdiction
             ,
             Power
             ,
             Superiority
             ,
             Pre-eminence
             ,
             and
             Authority
             ,
             contain
             any
             more
             Supremacy
             ,
             or
             other
             sense
             ;
             for
             two
             of
             them
             speakes
             only
             the
             rank
             or
             degree
             of
             the
             Queen
             in
             government
             ,
             Viz.
             Superiority
             and
             Pre-eminence
             belongeth
             only
             to
             her
             ,
             and
             not
             to
             any
             other
             Forrain
             power
             :
             And
             two
             other
             words
             do
             note
             her
             Right
             and
             Title
             thereto
             ,
             by
             Power
             and
             Authority
             committed
             to
             her
             :
             And
             the
             other
             word
             denotates
             the
             thing
             wherein
             She
             hath
             Superiority
             and
             power
             ,
             Viz.
             In
             jurisdiction
             :
             the
             nature
             of
             which
             word
             Vlpian
             (
             speaking
             of
             the
             nature
             of
             a
             mixt
             government
             )
             explaineth
             thus
             ,
             
               Quando
               servata
               dictione
               juris
               judiciorum
               fit
               animadversio
               ,
            
             so
             as
             this
             supreame
             Authority
             in
             jurisdiction
             is
             no
             other
             then
             supream
             power
             to
             visit
             ,
             correct
             ,
             redress
             ,
             Offences
             ,
             or
             determine
             matters
             in
             doubt
             by
             deputing
             fit
             persons
             to
             that
             end
             and
             purpose
             according
             to
             the
             Law
             ,
             and
             this
             is
             all
             the
             Supremacy
             that
             appeareth
             to
             me
             belonging
             to
             the
             Crown
             in
             these
             times
          
        
         
           
           
             CHAP.
             XXXVI
             .
             Of
             the
             Power
             of
             the
             Parliament
             during
             these
             times
             .
          
           
             WHen
             the
             Throne
             is
             full
             of
             a
             King
             ,
             and
             he
             as
             full
             of
             opinion
             of
             his
             own
             sufficiency
             and
             Power
             ,
             a
             Parliament
             is
             looked
             upon
             as
             an
             old
             fashion
             out
             of
             fashion
             ,
             and
             serve
             for
             little
             other
             ,
             then
             for
             present
             shift
             ,
             when
             Kings
             have
             run
             themselves
             over
             Head
             and
             Eares
             .
             A
             condition
             that
             those
             of
             that
             high
             degree
             are
             extremly
             subject
             unto
             ,
             but
             where
             the
             Crown
             is
             too
             heavy
             for
             the
             wearer
             by
             reason
             of
             infirmity
             ,
             the
             Parliament
             is
             looked
             upon
             as
             the
             cheif
             supporters
             in
             the
             maintaining
             both
             the
             Honour
             and
             Power
             of
             that
             Authority
             ,
             that
             otherwise
             would
             fall
             under
             contempt
             :
             A
             work
             that
             must
             be
             done
             with
             a
             curious
             touch
             ;
             or
             a
             cleare
             hand
             ;
             or
             they
             must
             look
             for
             the
             like
             Censure
             to
             that
             of
             a
             King
             to
             a
             great
             Lord
             that
             Crowned
             him
             .
             My
             Lord
             ,
             I
             like
             your
             work
             very
             well
             but
             you
             have
             left
             the
             print
             of
             your
             fingers
             upon
             my
             Crown
             :
             Such
             was
             the
             condition
             of
             these
             times
             ,
             wherein
             a
             Child
             and
             two
             Women
             are
             the
             cheifs
             ,
             but
             ever
             under
             the
             correction
             and
             direction
             of
             the
             Common
             Councel
             in
             matters
             of
             common
             concernment
             .
             Two
             things
             declare
             the
             point
             ,
             the
             course
             of
             the
             Title
             of
             the
             Crown
             ,
             and
             the
             order
             of
             the
             powers
             thereof
             .
          
           
             The
             Title
             ever
             had
             a
             Law
             which
             was
             at
             the
             Helm
             ,
             although
             diversly
             expounded
             .
             Kings
             ever
             loved
             the
             rule
             of
             inheritance
             ,
             and
             therefore
             usually
             strained
             their
             Pedegree
             hard
             to
             make
             both
             ends
             meet
             ,
             though
             in
             truth
             they
             were
             guilty
             oftentimes
             to
             themselves
             that
             they
             were
             not
             within
             the
             degrees
             The
             People
             ever
             loved
             the
             Title
             of
             Election
             ,
             
             and
             though
             ever
             they
             joyned
             it
             to
             the
             Royall
             blood
             ,
             and
             many
             times
             to
             the
             right
             Heire
             to
             make
             the
             same
             pass
             more
             currant
             without
             interruption
             of
             the
             first
             love
             between
             them
             and
             their
             Princes
             ;
             yet
             more
             often
             had
             they
             Kings
             that
             could
             not
             boast
             much
             of
             their
             birth-right
             ,
             in
             their
             first
             entry
             into
             
             their
             Throne
             :
             Of
             three
             and
             twenty
             Kings
             from
             the
             Saxons
             time
             ,
             foure
             of
             the
             former
             had
             no
             Title
             by
             inheritance
             ;
             the
             two
             
               Willams
               ,
               Henry
            
             the
             first
             and
             King
             Steven
             ;
             of
             two
             others
             ,
             
               Viz.
               Henry
            
             the
             second
             and
             Richard
             the
             first
             had
             right
             of
             birth
             ,
             yet
             came
             in
             by
             compact
             .
             The
             seventh
             which
             was
             King
             John
             had
             no
             title
             but
             election
             .
             The
             eight
             ,
             
               Viz.
               Henry
            
             the
             third
             came
             in
             a
             Child
             ,
             and
             contrary
             to
             compact
             between
             the
             Nobility
             and
             the
             
               French
               Lewes
            
             ;
             the
             ninth
             and
             tenth
             succeeded
             ,
             as
             by
             unquestionable
             Title
             of
             discent
             ,
             yet
             the
             Nobles
             were
             preingaged
             :
             The
             eleventh
             which
             was
             Edward
             the
             third
             ,
             in
             his
             entry
             eldest
             Son
             but
             not
             Heire
             ,
             for
             his
             Father
             was
             alive
             ,
             but
             his
             Successor
             ,
             was
             his
             Heire
             ;
             its
             true
             there
             were
             other
             Children
             of
             Edward
             the
             third
             alive
             that
             were
             more
             worthy
             of
             the
             Crown
             ,
             but
             they
             were
             too
             many
             to
             agree
             in
             any
             but
             a
             Child
             that
             might
             be
             ruled
             by
             themselves
             .
             Three
             next
             of
             the
             ensuing
             Kings
             were
             of
             a
             collatterall
             line
             .
             Their
             two
             Successors
             ,
             
               Viz.
               Edward
            
             the
             fourth
             and
             Edward
             the
             fifth
             were
             of
             the
             right
             line
             ,
             yet
             Edward
             the
             fourth
             came
             in
             by
             dissesin
             ,
             and
             Edward
             ,
             the
             fifth
             by
             permission
             ;
             Richard
             the
             third
             and
             Henry
             the
             seventh
             were
             collatterall
             to
             one
             another
             ,
             and
             to
             the
             right
             blood
             ,
             Henry
             the
             eighth
             ,
             though
             when
             he
             was
             King
             might
             claime
             from
             his
             Mother
             ,
             yet
             came
             in
             as
             Heire
             to
             his
             Father
             .
             And
             if
             Edward
             the
             sixth
             was
             right
             Heire
             to
             the
             House
             of
             Yorke
             by
             his
             Grand-Mother
             ,
             yet
             cannot
             the
             Crown
             be
             said
             to
             descend
             upon
             the
             two
             Sisters
             ,
             neither
             as
             Heires
             to
             him
             ,
             nor
             Henry
             the
             eighth
             ,
             nor
             to
             one
             another
             ,
             so
             long
             as
             the
             Statute
             of
             their
             illigittimation
             remained
             ,
             
             which
             as
             touching
             Queen
             Mary
             was
             till
             three
             Months
             after
             her
             entry
             upon
             the
             Throne
             ,
             and
             as
             touching
             Queen
             Elizabeth
             for
             ever
             ;
             for
             that
             Virago
             provided
             for
             her self
             not
             by
             way
             of
             repeale
             (
             as
             her
             Sister
             had
             done
             )
             but
             more
             tenderly
             regarding
             the
             Honour
             of
             her
             Father
             and
             the
             Parliament
             ,
             then
             to
             mention
             their
             blemishes
             in
             Government
             by
             doing
             and
             undoing
             :
             She
             overlooked
             that
             Act
             of
             Henry
             the
             Eighth
             and
             the
             Notion
             of
             Inheritance
             and
             contented
             her self
             with
             her
             Title
             by
             the
             Statute
             made
             by
             her
             Father
             in
             his
             thirty
             fifth
             yeare
             which
             to
             her
             was
             a
             meere
             purchase
             ,
             
             and
             was
             not
             ashamed
             to
             
             declare
             to
             all
             the
             World
             ,
             that
             She
             did
             have
             and
             hold
             therby
             ,
             and
             that
             it
             was
             high
             Treason
             for
             any
             Subject
             to
             deny
             ,
             that
             the
             course
             of
             the
             Crown
             of
             England
             is
             to
             be
             ordered
             by
             Act
             of
             Parliament
             .
             
             And
             this
             power
             did
             the
             Parliament
             exercise
             ,
             not
             onely
             in
             ordering
             the
             course
             of
             the
             Crown
             to
             Queen
             Mary
             and
             Queen
             Elizabeth
             ,
             but
             during
             the
             Reign
             of
             Queen
             Elizabeth
             ,
             so
             far
             as
             to
             dis-inherit
             ,
             and
             dis-able
             any
             person
             who
             should
             pretend
             Right
             to
             the
             Crown
             ,
             in
             opposition
             to
             the
             Right
             of
             Queen
             Elizabeth
             ;
             and
             upon
             this
             point
             onely
             did
             the
             whole
             proceedings
             against
             Mary
             Queen
             of
             Scots
             depend
             ,
             who
             claimed
             to
             be
             ,
             
             and
             doubtless
             was
             Heir
             unto
             Henry
             the
             eighth
             ,
             after
             the
             determination
             of
             his
             right
             Line
             ,
             and
             yet
             She
             was
             put
             to
             death
             for
             pretending
             Right
             by
             the
             Common
             Law
             ,
             in
             opposition
             to
             the
             Act
             of
             Parliament
             .
             True
             it
             is
             ,
             that
             this
             Doctrine
             doth
             not
             down
             well
             with
             those
             that
             do
             pretend
             to
             Prerogative
             ,
             aided
             (
             as
             they
             say
             )
             by
             the
             Act
             of
             Recognition
             ,
             made
             to
             King
             James
             ,
             
             and
             the
             Oaths
             of
             Supremacy
             and
             Allegiance
             ,
             which
             do
             make
             much
             parly
             concerning
             Inheritance
             and
             Heirs
             :
             nevertheless
             it
             is
             as
             true
             ,
             that
             the
             Act
             of
             Recognition
             made
             no
             Law
             for
             the
             future
             ,
             nor
             doth
             the
             same
             cross
             the
             Statute
             of
             13
             Eliz.
             nor
             doth
             it
             take
             away
             the
             power
             of
             the
             Parliament
             from
             over-ruling
             the
             course
             of
             the
             Common
             Law
             for
             after
             Ages
             .
             Nor
             do
             the
             Oaths
             of
             Supremacy
             and
             Allegiance
             hold
             forth
             any
             such
             Obligation
             unto
             Heirs
             ,
             otherwise
             then
             as
             supposing
             them
             to
             be
             Successors
             ,
             and
             in
             that
             relation
             onely
             .
             And
             therefore
             was
             no
             such
             Allegiance
             due
             to
             Edward
             the
             sixth
             ,
             Queen
             Mary
             ,
             or
             Queen
             Elizabeth
             ,
             untill
             they
             were
             actually
             possessed
             of
             the
             Crown
             ,
             as
             may
             appear
             by
             the
             Oath
             formed
             by
             the
             Statute
             of
             Henry
             the
             eighth
             touching
             their
             Succession
             .
             
             Nor
             did
             the
             Law
             suppose
             any
             Treason
             could
             be
             acted
             against
             the
             Heirs
             of
             Edward
             the
             sixth
             ,
             Queen
             Mary
             ,
             or
             Queen
             Elizabeth
             ,
             untill
             those
             Heirs
             were
             actually
             possessed
             of
             the
             Crown
             ,
             
             and
             so
             were
             Kings
             and
             Queens
             ,
             as
             by
             express
             words
             in
             the
             severall
             Statutes
             do
             appear
             .
             Nor
             did
             the
             Recognition
             by
             the
             Parliament
             made
             to
             Queen
             Elizabeth
             ,
             declare
             any
             ingagement
             of
             the
             People
             to
             assist
             and
             defend
             her
             ,
             and
             the
             Heirs
             of
             her
             Body
             ,
             
             otherwise
             then
             with
             this
             Limitation
             ,
             
               Being
               Kings
               and
               Queens
               of
               this
               Realm
               ,
            
             as
             by
             the
             Statute
             in
             that
             behalf
             made
             doth
             appear
             .
             
          
           
             And
             lastly
             ,
             (
             had
             these
             Oaths
             bin
             otherwise
             understood
             )
             the
             Crown
             had
             by
             the
             vertue
             of
             them
             been
             pre-ingaged
             ,
             so
             as
             it
             could
             never
             have
             descended
             to
             Queen
             Mary
             ,
             Queen
             Elizabeth
             ,
             or
             King
             James
             ,
             but
             must
             have
             remained
             to
             the
             Heirs
             of
             Edward
             the
             sixth
             for
             ever
             .
          
           
             Secondly
             ,
             the
             same
             power
             that
             the
             Parliament
             exercised
             in
             ordering
             the
             course
             of
             succession
             in
             the
             Crown
             ,
             they
             exercised
             likewise
             in
             determining
             and
             distributing
             the
             Powers
             and
             Priviledges
             belonging
             to
             the
             same
             :
             for
             these
             Times
             were
             full
             of
             Novelties
             .
             The
             Crown
             had
             formerly
             fitted
             a
             childes
             head
             more
             then
             once
             ,
             but
             it
             never
             tried
             to
             fit
             a
             Womans
             head
             since
             the
             Saxon
             Times
             ,
             till
             now
             ,
             that
             it
             must
             make
             triall
             of
             two
             .
             France
             might
             afford
             us
             a
             trick
             of
             the
             Salique
             Law
             ,
             if
             it
             might
             finde
             acceptance
             .
             And
             the
             unsettled
             estate
             of
             the
             People
             ,
             especially
             in
             matter
             of
             Religion
             ,
             might
             require
             the
             wisest
             man
             living
             to
             sit
             at
             the
             Helm
             ,
             and
             yet
             himself
             not
             sufficient
             to
             steer
             a
             right
             course
             to
             the
             Harbour
             .
             Nevertheless
             the
             Parliament
             having
             the
             Statute
             of
             Henry
             the
             eighth
             to
             lead
             the
             way
             ,
             chose
             rather
             to
             pursue
             a
             Rule
             then
             to
             make
             one
             ,
             and
             soon
             determined
             the
             point
             ,
             viz.
             That
             the
             Crown
             of
             England
             with
             all
             the
             Priviledges
             thereof
             equally
             belong
             to
             a
             Woman
             in
             possession
             as
             to
             a
             Man
             or
             Childe
             .
             A
             bold
             Adventure
             I
             say
             it
             was
             ;
             
             but
             that
             Henry
             the
             eighth
             was
             a
             bold
             Leader
             ,
             and
             yet
             the
             bolder
             it
             was
             ,
             if
             the
             consequence
             be
             considered
             :
             for
             Queen
             Mary
             as
             a
             Woman
             ,
             brought
             in
             one
             new
             President
             ,
             but
             in
             her
             Marriage
             a
             worse
             ,
             for
             she
             aimed
             not
             onely
             at
             a
             forrain
             blood
             ,
             but
             at
             a
             Prince
             in
             Power
             and
             Majesty
             exceeding
             her
             own
             ,
             and
             thereby
             seeking
             advancement
             ,
             both
             to
             her self
             and
             her
             Realm
             ,
             indangered
             both
             .
             The
             matter
             was
             long
             in
             debate
             between
             the
             Spanish
             and
             English
             ,
             and
             now
             had
             busied
             their
             wits
             above
             ten
             years
             ,
             
             at
             length
             a
             Supremacy
             is
             formed
             sutable
             to
             the
             Lord
             and
             Husband
             of
             Queen
             Mary
             ,
             that
             could
             not
             be
             content
             to
             be
             one
             inch
             lower
             then
             her self
             .
             Philip
             had
             the
             name
             of
             a
             King
             ,
             and
             precedency
             ,
             
             and
             in
             many
             cases
             not
             without
             the
             Allegiance
             of
             the
             English
             .
             Their
             offences
             against
             his
             person
             equally
             Treason
             with
             those
             against
             the
             Queens
             own
             person
             ;
             and
             Indictments
             run
             ,
             
             
               Contra
               pacem
               &
               coronam
               D.
               Regis
               &
               Reginae
               .
            
             That
             in
             some
             cases
             he
             participated
             in
             the
             Regal
             Power
             may
             appear
             ,
             
             in
             that
             by
             the
             Articles
             ,
             he
             was
             to
             aid
             the
             Queen
             in
             the
             Administration
             of
             the
             Kingdom
             ;
             he
             joyned
             with
             the
             Queen
             in
             the
             royall
             Assent
             ,
             and
             in
             Commissions
             ,
             Letters
             Patents
             ,
             and
             in
             Writs
             of
             Summons
             of
             Parliament
             ,
             as
             well
             as
             others
             ;
             yet
             in
             the
             words
             the
             Crown
             is
             reserved
             onely
             to
             the
             Queen
             ,
             and
             she
             must
             reign
             as
             sole
             Queen
             .
             Now
             if
             the
             King
             had
             broken
             this
             Agreement
             ,
             either
             the
             Parliament
             must
             over-rule
             the
             whole
             ,
             or
             all
             that
             is
             done
             must
             be
             undone
             ,
             and
             England
             must
             bear
             the
             burthen
             .
             A
             Queen
             Regent
             is
             doubtless
             a
             dangerous
             condition
             for
             England
             ,
             above
             that
             of
             an
             Infant
             King
             ,
             unless
             she
             be
             married
             onely
             to
             her
             People
             .
          
           
             This
             was
             observed
             by
             Queen
             Elizabeth
             ,
             who
             therefore
             kept
             her self
             unmarried
             :
             nor
             did
             the
             People
             otherwise
             desire
             her
             Marriage
             ,
             then
             in
             relation
             to
             Posterity
             .
             Few
             of
             them
             liking
             any
             one
             of
             their
             own
             Nation
             so
             well
             ,
             as
             to
             prefer
             him
             so
             highly
             above
             themselves
             ,
             and
             fewer
             any
             Forrainer
             .
             This
             was
             soon
             espied
             by
             forrain
             Princes
             ;
             and
             the
             Queen
             her self
             perceiving
             that
             she
             was
             like
             to
             receive
             prejudice
             hereby
             in
             her
             interest
             amongst
             them
             ,
             signified
             by
             her
             Embassadours
             ,
             that
             she
             never
             meaned
             to
             stoop
             so
             low
             as
             to
             match
             with
             any
             of
             her
             Subjects
             ,
             
             but
             intended
             to
             make
             her
             choise
             of
             some
             forrain
             Prince
             ,
             who
             neither
             by
             Power
             or
             Riches
             should
             be
             able
             to
             prejudice
             the
             interest
             of
             any
             of
             her
             neighbouring
             Princes
             .
             A
             pretty
             Complement
             this
             was
             to
             gain
             expectation
             from
             those
             abroad
             ,
             and
             better
             correspondency
             thereunto
             .
             Upon
             this
             ground
             divers
             Princes
             conceived
             hopes
             of
             more
             interest
             then
             by
             triall
             they
             could
             finde
             .
             And
             the
             Arch-duke
             of
             Austria
             began
             a
             Treaty
             ,
             which
             seemingly
             was
             entertained
             by
             her
             ,
             but
             her
             Proposals
             were
             such
             as
             silenced
             all
             those
             of
             the
             Austrian
             Interest
             for
             ever
             after
             ,
             viz.
             
          
           
             
               1.
               
               
                 That
                 the
              
               Romish
               
                 Religion
                 should
                 never
                 be
                 admitted
                 into
              
               England
               .
            
             
               
               2.
               
               
                 That
                 no
                 man
                 that
                 she
                 married
                 ,
                 should
                 ever
                 wear
                 the
                 Title
                 of
                 King.
                 
              
            
             
               3.
               
               
                 That
                 no
                 Forrainer
                 should
                 ever
                 intermeddle
                 in
                 the
                 Rule
                 and
                 Government
                 of
                 the
                 Church
                 or
                 Common-wealth
                 ,
                 nor
                 in
                 the
                 Ministry
                 of
                 the
                 Church
                 .
              
            
             
               4.
               
               
                 That
                 if
                 he
                 survived
                 the
                 Queen
                 he
                 should
                 never
                 challenge
                 any
                 Title
                 or
                 Interest
                 in
                 the
                 Government
                 ,
                 or
                 any
                 Possession
                 in
              
               England
               .
            
             
               5.
               
               
                 She
                 would
                 never
                 marry
                 any
                 one
                 that
                 she
                 might
                 not
                 first
                 see
                 .
              
            
          
           
             So
             as
             either
             she
             aimed
             at
             some
             inferior
             Prince
             ,
             that
             durst
             not
             look
             so
             high
             ,
             or
             else
             she
             did
             but
             make
             semblance
             till
             she
             was
             nigh
             fourty
             years
             old
             :
             and
             in
             all
             declared
             that
             she
             liked
             not
             her
             Sister
             Maries
             choise
             .
          
           
             To
             these
             two
             Powers
             of
             Determining
             and
             Distributing
             ,
             I
             shall
             add
             a
             third
             of
             Deputing
             ,
             which
             the
             Parliament
             exercised
             as
             formerly
             it
             had
             done
             .
             Henry
             the
             eighth
             had
             in
             Ecclesiastical
             matters
             exercised
             a
             Power
             beyond
             the
             reach
             of
             Law
             ,
             and
             yet
             by
             Parliament
             had
             provided
             positive
             Laws
             ,
             by
             which
             the
             same
             ought
             to
             have
             been
             ordered
             ;
             these
             were
             also
             confirmed
             in
             Edward
             the
             sixths
             time
             ,
             with
             some
             Additionals
             .
             
             By
             these
             ,
             particular
             Commissioners
             were
             appointed
             for
             the
             making
             of
             Ecclesiastical
             Constitutions
             ;
             and
             the
             King
             himself
             had
             a
             power
             Episcofactory
             ,
             without
             
               Conge
               deslire
            
             .
             They
             likewise
             limited
             the
             power
             of
             Ecclesiastical
             Courts
             ,
             altered
             their
             Process
             ,
             reformed
             their
             Censures
             ,
             even
             that
             grand
             Censure
             of
             Excommunication
             it self
             .
             The
             like
             ,
             or
             much
             more
             may
             be
             said
             of
             their
             deputing
             power
             in
             Civil
             Affairs
             ,
             as
             well
             inlarging
             the
             Kings
             power
             ,
             as
             in
             abridging
             the
             same
             for
             whereas
             some
             of
             the
             Successors
             of
             Henry
             the
             8.
             had
             power
             by
             vertue
             of
             his
             Letters
             Patents
             ,
             after
             24
             years
             of
             age
             ,
             to
             annull
             any
             Act
             of
             Parliament
             by
             them
             made
             before
             that
             Age.
             In
             the
             time
             of
             Edward
             the
             sixth
             ,
             notwithstanding
             the
             Proviso
             in
             that
             Law
             ,
             and
             although
             Edward
             the
             sixth
             was
             not
             then
             twelve
             years
             old
             ,
             
             yet
             the
             Parliament
             repealed
             all
             ,
             and
             restored
             to
             Edward
             the
             sixth
             onely
             that
             power
             for
             the
             time
             to
             come
             ,
             but
             not
             to
             any
             of
             his
             Successors
             ;
             and
             whereas
             Henry
             8.
             had
             gained
             to
             himself
             &
             his
             Successors
             a
             Legislative
             
             Power
             by
             Proclamation
             ;
             
             the
             Parliament
             in
             Edward
             the
             sixths
             time
             took
             the
             fame
             quite
             away
             ,
             and
             reduced
             Proclamations
             into
             their
             former
             sober
             posture
             .
             The
             like
             may
             be
             observed
             of
             the
             power
             of
             the
             Parliament
             ,
             in
             ordering
             the
             Lives
             ,
             
             Members
             ,
             and
             Estates
             of
             the
             People
             in
             matters
             criminal
             ;
             and
             in
             making
             and
             altering
             Courts
             of
             Justice
             ,
             and
             bounding
             their
             power
             ,
             altering
             their
             Process
             ,
             abridging
             their
             Terms
             for
             Judicature
             ,
             reforming
             Errors
             in
             pleading
             ,
             amending
             common
             Conveyances
             ,
             and
             Assurance
             ,
             as
             in
             passing
             Fines
             with
             Proclamations
             ;
             their
             course
             in
             the
             County
             Palatine
             ;
             Limitations
             of
             Prescription
             ;
             fraudulent
             Deeds
             ;
             Recoveries
             by
             Collusion
             ,
             &c.
             in
             all
             which
             the
             Crown
             had
             no
             power
             ,
             but
             in
             and
             by
             the
             Parliament
             .
             Many
             particulars
             more
             might
             be
             added
             ,
             if
             the
             matter
             so
             required
             ;
             for
             the
             Statutes
             are
             more
             full
             in
             these
             later
             Times
             then
             formerly
             ,
             and
             may
             soon
             lead
             us
             beyond
             a
             just
             Period
             in
             so
             clear
             a
             matter
             .
          
        
         
           
             CHAP.
             XXXVII
             .
             Of
             Jurisdiction
             Ecclesiastical
             in
             these
             last
             Times
             .
          
           
             IN
             the
             general
             ,
             and
             in
             relation
             to
             the
             forrain
             Jurisdiction
             of
             Rome
             ,
             it
             was
             like
             a
             Childe
             in
             an
             Ague
             ,
             under
             Fits
             of
             Heat
             and
             Cold
             ;
             but
             in
             it self
             under
             the
             Prelacy
             ,
             still
             growing
             in
             stature
             ,
             though
             not
             in
             strength
             .
             Edward
             the
             sixth
             came
             in
             like
             a
             storm
             that
             tore
             up
             Episcopacy
             by
             the
             Roots
             ,
             yet
             a
             Top-Root
             remained
             intire
             with
             the
             stock
             ,
             bearing
             shew
             of
             a
             kinde
             of
             Divinity
             ,
             that
             though
             bared
             of
             the
             old
             Soile
             of
             the
             Papacy
             ,
             yet
             transplanted
             into
             the
             new
             Mould
             of
             Royalty
             ,
             soon
             conveyed
             a
             new
             life
             ,
             which
             made
             the
             stock
             still
             flourish
             ,
             and
             grow
             into
             a
             better
             condition
             then
             formerly
             it
             had
             .
             Their
             Legislative
             power
             in
             matters
             concerning
             their
             own
             interest
             ,
             though
             in
             outward
             view
             seeming
             their
             own
             ,
             yet
             was
             doubly
             disturbed
             from
             the
             Pope
             and
             the
             King
             ,
             who
             though
             many
             times
             opposed
             one
             another
             ,
             yet
             evermore
             were
             both
             of
             them
             in
             opposition
             to
             the
             Church
             ,
             &
             with
             the
             greater
             
             bitterness
             by
             their
             own
             mutual
             Emulations
             .
             But
             now
             the
             Church
             is
             come
             under
             the
             controll
             ,
             of
             onely
             one
             that
             joyned
             with
             it
             for
             their
             mutual
             interest
             ,
             as
             being
             both
             of
             them
             imbarqued
             in
             one
             and
             the
             same
             Ship.
             
          
           
             Two
             things
             concurred
             to
             the
             furtherance
             hereof
             .
          
           
             First
             ,
             the
             Times
             were
             tender
             ,
             and
             scarce
             able
             to
             digest
             the
             change
             of
             Worship
             (
             now
             patronized
             by
             Edward
             the
             sixth
             )
             much
             less
             able
             to
             digest
             the
             change
             of
             Government
             ,
             if
             the
             same
             had
             been
             undertaken
             in
             a
             different
             way
             from
             what
             it
             was
             formerly
             .
          
           
             Secondly
             ,
             the
             Times
             were
             also
             dark
             ,
             and
             few
             saw
             the
             bottome
             of
             Prelacy
             ,
             but
             lodged
             all
             the
             prejudice
             in
             the
             persons
             that
             managed
             that
             calling
             ;
             and
             certainly
             they
             had
             the
             less
             occasion
             to
             doubt
             of
             their
             own
             judgement
             therein
             ;
             because
             Edward
             the
             sixth
             had
             the
             good
             providence
             of
             God
             to
             lead
             him
             to
             make
             use
             of
             such
             men
             in
             that
             place
             ,
             that
             were
             meek
             ,
             and
             holy
             ,
             and
             themselves
             attempered
             in
             the
             fire
             of
             Persecution
             ,
             and
             therefore
             more
             tenderly
             affected
             to
             others
             in
             that
             condition
             ;
             and
             these
             carrying
             themselves
             like
             tender
             nursing
             Fathers
             in
             their
             places
             ,
             wrought
             in
             the
             people
             a
             good
             opinion
             of
             their
             places
             ,
             and
             that
             Form
             of
             Government
             for
             their
             sakes
             ;
             yet
             even
             in
             those
             first
             Times
             of
             Reformation
             ,
             somewhat
             appeared
             in
             that
             very
             quintessence
             of
             Episcopacy
             ;
             in
             matters
             about
             Ceremony
             and
             Conformity
             ,
             that
             might
             have
             taught
             wise
             men
             to
             beware
             .
             Upon
             such
             grounds
             as
             these
             it
             went
             well
             with
             Episcopacy
             in
             these
             first
             Times
             of
             Reformation
             ,
             but
             ill
             with
             the
             Church
             in
             the
             issue
             .
             That
             Prelacy
             was
             a
             Gainer
             by
             the
             change
             in
             Henry
             the
             eighths
             time
             ,
             hath
             already
             appeared
             ;
             and
             that
             it
             still
             gained
             ,
             may
             further
             appear
             ,
             in
             these
             ensuing
             Considerations
             .
          
           
             First
             ,
             whereas
             formerly
             Bishops
             were
             regardant
             both
             to
             the
             Crown
             and
             Presbytery
             (
             for
             so
             may
             the
             Dean
             and
             Chapter
             be
             accounted
             )
             in
             the
             point
             of
             Election
             by
             
               Conge
               deslire
            
             ;
             now
             they
             are
             made
             the
             birth
             of
             the
             Kings
             own
             breath
             ,
             
             which
             thing
             was
             never
             deduced
             from
             the
             ancient
             Right
             of
             the
             Crown
             (
             saving
             due
             honour
             to
             the
             aire
             of
             the
             Preface
             of
             that
             Statute
             )
             for
             in
             the
             best
             Times
             it
             never
             had
             more
             then
             a
             
             power
             of
             investure
             :
             but
             from
             the
             necessity
             of
             the
             times
             so
             corrupted
             that
             Deanes
             and
             Chapters
             generally
             were
             of
             the
             Roman
             spirit
             ,
             and
             gave
             little
             hope
             of
             good
             Elections
             by
             themselves
             ,
             besides
             the
             state
             of
             Learning
             ,
             and
             Holiness
             ,
             was
             now
             at
             the
             low
             water
             mark
             ,
             so
             as
             little
             supply
             being
             looked
             for
             to
             begin
             the
             work
             of
             Reformation
             from
             beneath
             ,
             they
             began
             above
             ,
             and
             so
             it
             proved
             but
             a
             weak
             building
             ,
             for
             the
             longer
             time
             .
             And
             thus
             a
             lesson
             is
             left
             to
             future
             Parliaments
             ,
             that
             in
             Cases
             of
             Reformation
             they
             are
             not
             to
             be
             strictly
             holden
             to
             rules
             of
             Law
             or
             President
             .
          
           
             Secondly
             ,
             the
             Prelates
             hereby
             had
             their
             Authority
             confirmed
             by
             Act
             of
             Parliament
             ,
             and
             so
             were
             now
             built
             upon
             a
             foundation
             that
             formerly
             did
             hang
             onely
             upon
             a
             pin
             of
             power
             from
             Rome
             :
             For
             jurisdiction
             without
             Authority
             is
             but
             a
             dropsie
             that
             brings
             inevitable
             consumption
             in
             the
             conclusion
             .
             And
             thus
             the
             Prelacy
             are
             inabled
             to
             hold
             Courts
             without
             contradiction
             ,
             and
             directed
             in
             their
             process
             who
             formerly
             had
             no
             good
             Title
             to
             either
             ,
             in
             that
             course
             that
             they
             held
             the
             same
             .
          
           
             Thirdly
             ,
             Though
             their
             jurisdiction
             was
             defined
             by
             the
             Statutes
             ,
             yet
             in
             larger
             bounds
             then
             ever
             the
             Statute-Lawes
             formerly
             noted
             ;
             and
             in
             what
             they
             claimed
             power
             ,
             they
             did
             it
             not
             altogether
             upon
             Civill
             Right
             ,
             but
             still
             kept
             an
             awfull
             regard
             to
             their
             Persons
             and
             Powers
             ,
             as
             under
             the
             sway
             of
             a
             Divine
             donation
             ,
             and
             therefore
             as
             in
             those
             matters
             to
             them
             ,
             by
             the
             Statute
             allowed
             ,
             they
             did
             proceed
             in
             the
             Name
             and
             under
             the
             Seale
             of
             the
             King
             ,
             so
             in
             other
             things
             of
             collation
             ,
             institution
             ,
             induction
             ,
             orders
             ,
             excommunication
             ,
             and
             such
             like
             ,
             they
             proceeded
             in
             and
             under
             their
             own
             Name
             and
             Seal
             ;
             and
             which
             was
             a
             Crown
             to
             all
             the
             rest
             ,
             power
             is
             still
             given
             to
             the
             Arch-Bishop
             of
             Canterbury
             in
             cases
             of
             faculty
             and
             dispensation
             ,
             to
             proceed
             under
             his
             own
             Seal
             ,
             and
             not
             the
             Kings
             ,
             as
             if
             it
             were
             a
             power
             independent
             upon
             the
             Crown
             ,
             and
             belonging
             unto
             the
             man
             ,
             neither
             by
             Statute
             ,
             nor
             Commission
             ,
             but
             comming
             by
             some
             secret
             Influence
             from
             the
             very
             place
             it self
             ;
             although
             in
             the
             cleare
             sense
             it
             is
             no
             more
             then
             a
             power
             of
             
               Non
               obstante
            
             ,
             in
             the
             point
             of
             obedience
             to
             the
             
             Canon
             Law
             ,
             which
             by
             a
             Statute
             in
             Henry
             the
             Eighths
             time
             is
             declared
             no
             Law
             :
             But
             let
             this
             pass
             as
             a
             mole
             in
             this
             faire
             face
             of
             Church
             Government
             .
             The
             Prelates
             are
             now
             become
             of
             the
             Vicinage
             ,
             
               Probi
               &
               legales
               homines
            
             ,
             they
             have
             their
             jurisdiction
             by
             Law
             established
             ,
             what
             they
             loose
             in
             breadth
             they
             gain
             in
             heigth
             and
             goodness
             of
             their
             foundation
             :
             Yet
             their
             Attire
             looks
             ill
             favoredly
             in
             Queen
             Maries
             eye
             ,
             she
             will
             have
             it
             of
             the
             old
             cut
             again
             ,
             and
             though
             Cardinall
             Poole
             was
             well
             seen
             in
             the
             Roman
             fashion
             ,
             yet
             when
             he
             had
             done
             all
             ,
             he
             did
             no
             more
             then
             shape
             a
             garment
             to
             serve
             the
             present
             Interlude
             ,
             neither
             fit
             to
             the
             body
             nor
             easie
             to
             be
             worne
             ,
             and
             therefore
             after
             foure
             or
             five
             turnes
             upon
             the
             stage
             it
             is
             thrown
             away
             .
             Neverthelesse
             during
             the
             time
             that
             England
             was
             thus
             dancing
             the
             Italian
             measure
             ,
             Prelacy
             in
             England
             held
             its
             own
             domestique
             garb
             so
             well
             ,
             that
             neither
             Poole
             (
             being
             of
             English
             blood
             ,
             not
             much
             distant
             from
             the
             Crowne
             ,
             and
             then
             also
             holding
             the
             Chaire
             legatine
             ,
             as
             little
             inferiour
             to
             the
             Throne
             )
             would
             not
             impose
             too
             much
             ,
             nor
             Queen
             Mary
             ,
             a
             Woman
             of
             a
             stout
             Spirit
             ,
             yeeld
             further
             then
             she
             liked
             :
             By
             meanes
             whereof
             the
             Prelacy
             looking
             no
             more
             to
             Rome
             then
             the
             power
             in
             appeales
             ;
             and
             therein
             little
             more
             then
             the
             bare
             Title
             ,
             plaied
             Rex
             all
             the
             while
             with
             the
             People
             ,
             under
             colour
             of
             Heresie
             and
             the
             Canon
             Law
             :
             Which
             now
             was
             again
             made
             their
             rule
             ;
             and
             thus
             as
             touching
             their
             Election
             ,
             and
             Jurisdiction
             ,
             they
             were
             as
             before
             .
             For
             Queen
             Mary
             did
             nothing
             but
             by
             single
             repeale
             .
             But
             Queen
             Elizabeth
             being
             true
             English
             ,
             both
             by
             Father
             and
             Mother
             ,
             liking
             not
             this
             retreat
             ,
             faced
             about
             ,
             routed
             the
             Roman
             fashion
             out
             of
             fashion
             ;
             put
             Prelacy
             to
             its
             close
             gaurd
             ,
             and
             received
             it
             upon
             capitulation
             ,
             not
             only
             to
             mercy
             but
             favour
             ,
             and
             so
             became
             her
             Vicar
             to
             exercise
             her
             Ecclesiasticall
             jurisdiction
             ,
             
               Per
               saltum
            
             :
             For
             it
             is
             hard
             to
             finde
             by
             what
             steps
             they
             gained
             this
             pitch
             ;
             Henry
             the
             Eighth
             was
             supream
             head
             by
             submission
             of
             the
             Clergy
             ,
             by
             resumption
             ,
             and
             by
             Act
             of
             Parliament
             ;
             and
             as
             such
             ,
             the
             Power
             of
             Bishops
             formerly
             derived
             from
             Rome
             ceased
             ,
             and
             Henry
             the
             eighth
             after
             restored
             it
             anew
             ,
             and
             setled
             the
             same
             by
             severall
             Acts
             of
             Parliament
             ;
             which
             Edward
             the
             
             sixth
             confirmed
             with
             divers
             additionall
             Acts
             of
             further
             benefit
             to
             them
             ,
             as
             hath
             been
             already
             noted
             .
             But
             Queen
             Mary
             altered
             all
             by
             repeale
             of
             the
             former
             Lawes
             ,
             and
             so
             left
             all
             in
             Remitter
             as
             before
             the
             alteration
             by
             Henry
             the
             Eighth
             ,
             and
             did
             neither
             give
             or
             grant
             any
             jurisdiction
             to
             the
             Pope
             .
             Last
             of
             all
             com●
             Queen
             Elizabeth
             ,
             and
             by
             repeale
             and
             resumption
             possessed
             her self
             of
             jurisdiction
             Ecclesiastical
             ,
             and
             granted
             Election
             of
             Bishops
             by
             
               Conge
               deslire
            
             ,
             but
             never
             granted
             to
             the
             Bishops
             ordinary
             jurisdiction
             by
             any
             express
             act
             ,
             other
             then
             permission
             of
             them
             to
             continue
             in
             their
             former
             course
             ,
             notwithstanding
             that
             the
             foundation
             of
             their
             jurisdiction
             had
             been
             altered
             twice
             ,
             and
             so
             it
             will
             be
             difficult
             for
             it
             to
             hold
             by
             prescription
             or
             custome
             ,
             or
             any
             other
             way
             then
             by
             a
             kinde
             of
             Divine
             right
             which
             began
             to
             be
             pretended
             ;
             yet
             to
             this
             day
             could
             never
             be
             made
             evident
             to
             the
             World.
             Whatever
             the
             ground
             was
             ,
             the
             thing
             is
             plain
             ,
             that
             Prelacy
             in
             Queen
             Elizabeths
             time
             had
             this
             Honour
             allowed
             thereunto
             ,
             that
             it
             was
             upholden
             by
             Election
             from
             Ecclesiasticall
             men
             ,
             and
             held
             its
             jurisdiction
             as
             from
             it self
             ,
             and
             in
             the
             name
             of
             the
             Bishop
             as
             Ordinary
             ;
             and
             the
             power
             of
             Excommunication
             by
             a
             saving
             in
             the
             Statute-Law
             ,
             and
             not
             by
             express
             donation
             ;
             notwithstanding
             the
             late
             President
             in
             the
             time
             of
             Edward
             the
             sixth
             to
             the
             contrary
             .
          
           
             Secondly
             ,
             The
             rule
             of
             this
             jurisdiction
             was
             no
             lesse
             at
             large
             ,
             for
             the
             Canon
             Law
             was
             determined
             by
             Henry
             the
             eighth
             and
             Edward
             the
             sixth
             ,
             and
             was
             not
             revived
             by
             any
             Act
             of
             Parliament
             by
             Queen
             Mary
             or
             Queen
             Elizabeth
             ,
             who
             neither
             pursued
             the
             Medium
             of
             the
             thirty
             two
             Commissioners
             ,
             nor
             setled
             other
             rule
             ,
             but
             a
             few
             Canons
             ,
             which
             (
             after
             some
             time
             )
             by
             Queen
             Elizabeth
             and
             her
             Clergy
             were
             agreed
             upon
             ,
             but
             never
             confirmed
             by
             Act
             of
             Parliament
             :
             And
             so
             could
             never
             bind
             the
             Subject
             ,
             and
             which
             in
             generall
             set
             forth
             a
             kind
             of
             forme
             of
             Church
             policy
             ,
             yet
             no
             fashion
             of
             jurisdiction
             or
             rule
             of
             proceedings
             in
             the
             Ecclesiastical
             Courts
             ,
             but
             in
             such
             Cases
             left
             them
             to
             the
             Canon
             Law
             which
             was
             hidden
             in
             their
             own
             breasts
             ,
             and
             could
             be
             made
             strait
             or
             wide
             as
             they
             pleased
             .
          
           
           
             Thirdly
             ,
             their
             Censures
             now
             grew
             more
             sharp
             ;
             for
             whereas
             at
             the
             utmost
             formerly
             they
             could
             do
             no
             more
             but
             imprison
             ,
             or
             deliver
             over
             to
             the
             Secular
             power
             ,
             and
             that
             onely
             in
             case
             of
             Heresie
             ,
             and
             yet
             had
             scarce
             ground
             of
             Law
             for
             what
             they
             did
             ;
             
             now
             they
             have
             an
             additional
             power
             ,
             to
             fine
             and
             imprison
             in
             cases
             of
             inferior
             nature
             ,
             and
             so
             can
             reach
             all
             that
             a
             man
             hath
             ,
             even
             to
             his
             skin
             ;
             nevertheless
             this
             was
             not
             annexed
             unto
             the
             ordinary
             Jurisdiction
             ,
             but
             given
             by
             extraordinary
             Commission
             ,
             called
             the
             
               High
               Commission
            
             ,
             wherein
             ,
             though
             many
             others
             were
             named
             ,
             yet
             the
             Clergy
             and
             Canonists
             did
             the
             work
             ,
             the
             rest
             being
             but
             in
             nature
             of
             a
             reserve
             to
             them
             ,
             in
             case
             they
             were
             put
             to
             the
             Rout.
             The
             power
             of
             these
             Commissioners
             was
             to
             execute
             the
             Queens
             Jurisdiction
             in
             Causes
             Ecclesiastical
             ,
             so
             as
             the
             Bishops
             are
             doubly
             interested
             in
             this
             work
             ;
             one
             way
             ,
             by
             supposed
             Commission
             from
             God
             ,
             as
             Ordinaries
             within
             their
             own
             Diocess
             onely
             ,
             and
             so
             may
             proceed
             to
             Excommunication
             or
             Deprivation
             ;
             the
             other
             way
             ,
             by
             Commission
             from
             the
             Queen
             ,
             as
             Members
             of
             the
             High
             Commission
             (
             for
             so
             many
             of
             them
             were
             such
             as
             the
             Crown
             would
             please
             )
             and
             so
             they
             might
             fine
             and
             imprison
             .
             They
             might
             and
             did
             ,
             I
             say
             ,
             by
             their
             Commission
             ,
             but
             not
             by
             the
             Statute
             that
             gives
             Authority
             thereto
             ,
             and
             therefore
             cannot
             be
             said
             to
             be
             done
             legally
             .
          
           
             Fourthly
             ,
             besides
             the
             contracted
             power
             of
             making
             Canons
             in
             the
             Convocation
             by
             the
             power
             of
             the
             Royall
             Assent
             ;
             the
             Queen
             had
             a
             power
             of
             making
             Laws
             by
             their
             consent
             ,
             in
             matters
             of
             the
             criminal
             part
             of
             the
             Worship
             of
             God.
             
          
           
             This
             might
             be
             tolerable
             for
             the
             Life
             of
             one
             Queen
             ,
             who
             might
             be
             presumed
             ,
             would
             (
             if
             she
             lived
             a
             few
             years
             )
             settle
             all
             things
             ;
             but
             to
             subject
             the
             consciences
             of
             all
             the
             people
             to
             the
             opinion
             of
             one
             Metropolitan
             ,
             that
             might
             opinionate
             strange
             things
             ,
             and
             that
             the
             Successors
             of
             the
             Queen
             should
             usurp
             this
             as
             a
             flower
             of
             the
             Crown
             ,
             to
             determine
             what
             is
             for
             Gods
             glory
             in
             such
             cases
             ,
             and
             to
             be
             always
             altering
             and
             patching
             up
             a
             Form
             ,
             as
             he
             and
             his
             Metropolitan
             ,
             or
             one
             of
             them
             alone
             shall
             think
             meet
             ,
             
             is
             neither
             commendable
             upon
             any
             grounds
             of
             Divinity
             or
             humane
             Policy
             .
          
           
           
             Now
             amidst
             the
             flourishing
             Estate
             of
             Prelacy
             ,
             it
             s
             no
             wonder
             if
             ▪
             the
             Churches
             be
             no
             Gainers
             ,
             but
             like
             Plants
             spending
             their
             Natures
             in
             luxurient
             branches
             ,
             either
             are
             over-turned
             by
             the
             next
             blast
             of
             winde
             ,
             or
             do
             wither
             upon
             the
             least
             change
             of
             Sky
             :
             That
             the
             whole
             ordering
             of
             the
             Church
             Affairs
             rested
             originally
             in
             the
             Parliament
             ,
             no
             man
             can
             question
             ,
             considering
             what
             ever
             the
             Queen
             did
             ,
             or
             had
             therein
             ,
             was
             from
             the
             power
             of
             Acts
             of
             Parliament
             .
             And
             that
             the
             power
             of
             Excommunication
             it self
             ,
             notwithstanding
             that
             the
             Church
             held
             it
             by
             way
             of
             reservation
             or
             saving
             ,
             and
             not
             by
             donation
             from
             the
             Parliament
             by
             any
             express
             Act
             ,
             yet
             was
             that
             saving
             with
             such
             Limitations
             ,
             as
             that
             it
             releived
             but
             a
             lame
             power
             in
             comparison
             of
             what
             it
             claimed
             ,
             and
             exercised
             in
             former
             Times
             ;
             for
             whereas
             formerly
             the
             Church-men
             had
             the
             Writ
             ,
             
               De
               Excommunicato
               Capiendo
            
             ,
             at
             their
             own
             beck
             ;
             now
             it
             will
             not
             come
             but
             upon
             Articles
             and
             certain
             Conditions
             .
          
           
             
               1.
               
               In
               cases
               of
               Heresie
               .
            
             
               2.
               
               Of
               deserting
               of
               the
               Sacrament
               .
            
             
               3.
               
               Deserting
               of
               publique
               Worship
               .
            
             
               4.
               
               Maintenance
               of
               Error
               .
            
             
               5.
               
               Incontinency
               .
            
             
               6.
               
               Usury
               .
            
             
               7.
               
               Simony
               .
            
             
               8.
               
               Perjury
               .
            
             
               9.
               
               Idolatry
               .
            
          
           
             In
             other
             matters
             the
             Spirtual
             Sword
             must
             finde
             or
             make
             their
             own
             way
             ,
             or
             else
             be
             quiet
             .
          
           
             Secondly
             ,
             the
             Church
             was
             now
             no
             less
             under
             the
             Chair
             and
             Throne
             ,
             then
             under
             power
             of
             the
             Parliament
             ;
             nor
             is
             it
             a
             wonder
             if
             it
             could
             not
             thrive
             when
             it
             was
             so
             over-dropped
             :
             for
             Prelacy
             by
             the
             Kings
             arms
             is
             lifted
             up
             so
             high
             above
             the
             other
             Clergy
             ,
             that
             the
             rest
             of
             the
             Clergy
             are
             as
             much
             underlings
             to
             the
             Prelacy
             ,
             as
             the
             Prelates
             are
             to
             the
             King
             :
             they
             dare
             not
             offend
             the
             Crown
             ,
             least
             they
             should
             loose
             their
             honors
             ,
             nor
             the
             inferiour
             Clergy
             them
             ,
             least
             they
             should
             loose
             their
             Livings
             and
             Liberties
             ;
             and
             so
             the
             Prelates
             
             speak
             the
             sense
             of
             the
             Clergy
             ,
             and
             make
             the
             Crown
             their
             Oracle
             .
             Thus
             in
             the
             Church
             matters
             the
             Crown
             is
             all
             in
             all
             .
          
        
         
           
             CHAP.
             XXXVIII
             .
             Of
             the
             Militia
             in
             these
             later
             Times
             .
          
           
             IT
             cannot
             be
             denied
             ,
             but
             as
             in
             the
             sober
             Government
             of
             this
             Nation
             ,
             there
             is
             a
             Supremacy
             of
             Command
             ,
             so
             also
             in
             the
             rudest
             Times
             of
             War
             ;
             and
             wheresoever
             the
             same
             is
             settled
             ,
             there
             must
             the
             Militia
             also
             be
             .
          
           
             The
             word
             Militia
             is
             a
             general
             notion
             ,
             sufficient
             enough
             for
             a
             name
             or
             title
             ,
             but
             not
             to
             define
             the
             thing
             ,
             I
             take
             it
             for
             nothing
             else
             ,
             but
             the
             Government
             of
             the
             Common-wealth
             when
             it
             is
             in
             anger
             ,
             or
             War
             ,
             or
             in
             order
             thereunto
             .
             It
             consisteth
             in
             the
             raising
             ,
             arming
             ,
             ordering
             ,
             and
             paying
             of
             the
             Souldiery
             .
             The
             Title
             of
             the
             Supreme
             Power
             in
             all
             this
             work
             hath
             been
             of
             late
             put
             to
             the
             question
             ,
             and
             brought
             us
             to
             this
             sad
             condition
             of
             triall
             by
             Battail
             ,
             and
             by
             fighting
             ,
             to
             finde
             out
             who
             hath
             the
             chief
             power
             to
             fight
             :
             a
             Lesson
             that
             might
             have
             been
             learned
             from
             former
             Generations
             foregoing
             ,
             at
             a
             far
             cheaper
             rate
             ,
             when
             England
             is
             well
             in
             its
             wits
             .
             Where
             the
             Law
             of
             Peace
             is
             settled
             ,
             there
             also
             is
             the
             Law
             of
             War
             ;
             and
             in
             what
             condition
             the
             Crown
             standeth
             ,
             in
             relation
             to
             the
             Legislative
             power
             ,
             in
             time
             of
             Peace
             ,
             may
             be
             seen
             in
             the
             foregoing
             Discourse
             .
             In
             war
             he
             is
             the
             Peoples
             General
             by
             his
             place
             ;
             yet
             if
             any
             impediment
             do
             befall
             ,
             either
             by
             natural
             Disabilities
             ,
             or
             civil
             ,
             to
             render
             the
             person
             incapable
             of
             the
             managing
             of
             the
             Service
             ,
             there
             is
             no
             question
             but
             the
             People
             may
             order
             the
             matter
             as
             they
             please
             .
             Examples
             hereof
             these
             Times
             are
             full
             ,
             wherein
             we
             have
             a
             Childe
             ,
             a
             Virgin
             ,
             and
             a
             married
             Woman
             to
             sway
             the
             Work
             ,
             all
             of
             them
             in
             a
             very
             unmeet
             condition
             for
             such
             a
             Trust
             ,
             and
             yet
             by
             the
             help
             they
             had
             ,
             they
             managed
             it
             well
             enough
             .
             The
             power
             of
             him
             as
             King
             or
             General
             in
             the
             Army
             ,
             is
             all
             one
             ;
             but
             before
             it
             is
             
             imbodied
             ,
             as
             a
             King
             onely
             ,
             he
             may
             do
             some
             things
             in
             order
             thereto
             ,
             according
             to
             the
             Law
             and
             Custome
             of
             the
             Nation
             ;
             yet
             this
             fals
             under
             a
             double
             consideration
             of
             the
             time
             and
             occasion
             .
             In
             the
             recess
             of
             the
             Parliament
             ,
             he
             is
             the
             first
             mover
             ,
             and
             ought
             to
             move
             by
             the
             advice
             of
             his
             Councel
             ,
             if
             occasion
             do
             provoke
             to
             Arms
             ;
             but
             if
             the
             same
             befall
             the
             Parlaiment
             then
             sitting
             ,
             no
             History
             or
             Record
             do
             mention
             that
             ever
             he
             moved
             but
             by
             their
             concurrent
             advice
             and
             direction
             .
             The
             occasion
             either
             provoketh
             offensive
             or
             defensive
             War
             with
             other
             Nations
             ,
             or
             with
             the
             People
             of
             his
             own
             Nation
             ,
             in
             the
             case
             of
             Insurrection
             .
             Examples
             of
             War
             with
             other
             Nations
             ,
             that
             may
             be
             called
             offensive
             Wars
             :
             we
             have
             but
             two
             ,
             one
             in
             Edward
             the
             sixths
             time
             with
             Scotland
             ,
             and
             which
             was
             but
             in
             pursuance
             of
             a
             War
             begun
             by
             his
             Father
             ,
             and
             wherein
             the
             Kingdom
             stood
             ingaged
             ,
             in
             a
             case
             that
             concerned
             the
             publique
             good
             and
             safety
             ,
             viz.
             the
             Marriage
             of
             their
             King
             refused
             after
             promise
             made
             .
             The
             other
             was
             in
             the
             time
             of
             Queen
             Mary
             with
             the
             French
             ,
             which
             somewhat
             reflected
             also
             upon
             the
             publique
             safety
             ,
             but
             more
             upon
             the
             dishonor
             of
             the
             same
             .
             In
             none
             of
             these
             did
             either
             of
             the
             Supreme
             Powers
             array
             or
             raise
             men
             by
             Prerogative
             ,
             but
             onely
             such
             as
             were
             Volunteir
             in
             that
             Work.
             And
             because
             the
             People
             were
             ill
             principled
             in
             Edward
             the
             sixths
             time
             ,
             in
             regard
             of
             the
             change
             of
             Religion
             ,
             he
             was
             induced
             to
             hire
             forrain
             aid
             out
             of
             Germany
             .
             The
             Wars
             in
             the
             time
             of
             Queen
             Elizabeth
             were
             in
             order
             to
             the
             Defence
             of
             this
             Nation
             ,
             being
             ever
             under
             a
             malignant
             Aspect
             from
             abroad
             ,
             especially
             from
             Spain
             ,
             in
             
               Ireland
               ,
               France
            
             ,
             and
             the
             
               Low
               Countries
            
             ;
             yet
             were
             these
             Wars
             served
             onely
             by
             Volunteirs
             ,
             nor
             did
             any
             Commission
             give
             power
             of
             impresting
             men
             to
             serve
             against
             their
             wils
             ,
             in
             any
             Expedition
             made
             to
             any
             of
             those
             places
             ,
             as
             the
             Commissions
             upon
             Record
             do
             testifie
             .
             If
             any
             Levies
             of
             Men
             were
             otherwise
             made
             ,
             or
             compulsory
             means
             used
             for
             such
             ends
             ,
             they
             are
             to
             be
             reckoned
             up
             amongst
             the
             errata
             ,
             whereof
             the
             Parliament
             took
             no
             notice
             ,
             in
             regard
             it
             saw
             the
             ends
             and
             issues
             of
             such
             reflexions
             in
             Government
             to
             be
             succesfull
             and
             honorable
             ,
             and
             that
             all
             was
             done
             by
             Councel
             ,
             and
             a
             
             Woman
             popularly
             affected
             ,
             and
             therefore
             less
             feared
             invasion
             upon
             their
             Liberties
             ;
             or
             otherwise
             they
             are
             to
             be
             imputed
             to
             the
             condition
             of
             those
             places
             ,
             being
             Members
             of
             the
             Common-wealth
             ;
             as
             the
             cautionary
             Townes
             in
             the
             Low
             Countries
             ,
             and
             the
             Irish
             Plantations
             were
             ,
             and
             so
             befall
             under
             another
             consideration
             of
             a
             defensive
             War
             in
             case
             of
             invasion
             and
             common
             danger
             therby
             ,
             or
             by
             intestine
             broils
             ,
             during
             which
             condition
             ,
             as
             it
             is
             the
             Kings
             duty
             to
             levy
             and
             array
             men
             ,
             so
             is
             it
             the
             duty
             of
             the
             People
             to
             be
             ready
             to
             assist
             one
             another
             in
             all
             such
             exegencies
             ,
             and
             to
             defend
             the
             publique
             Liberty
             ,
             nevertheless
             these
             Arrays
             are
             not
             left
             wholly
             at
             the
             Will
             of
             the
             King
             ,
             but
             to
             discretion
             of
             the
             Councell
             ,
             how
             far
             the
             same
             shall
             extend
             :
             For
             never
             were
             generall
             Arrayes
             made
             ,
             where
             but
             one
             Coast
             was
             in
             danger
             ,
             and
             where
             no
             conquest
             is
             in
             pretence
             ,
             but
             only
             piracy
             or
             plunder
             .
             But
             if
             the
             disease
             were
             generall
             ,
             as
             it
             was
             in
             the
             yeare
             88.
             the
             Array
             was
             generall
             ,
             and
             yet
             it
             was
             of
             none
             ,
             but
             those
             that
             were
             of
             the
             Trained
             bands
             ,
             besides
             such
             as
             were
             Volunteir
             .
          
           
             Secondly
             ,
             The
             arming
             of
             these
             men
             was
             also
             diversly
             ,
             there
             was
             no
             generall
             rule
             or
             Law
             for
             the
             arming
             of
             men
             since
             the
             times
             of
             Edward
             the
             first
             to
             the
             time
             of
             Queen
             Mary
             ,
             but
             the
             Statute
             at
             Winton
             ;
             the
             course
             of
             Tenures
             ,
             I
             mean
             of
             such
             men
             as
             were
             of
             the
             Militia
             of
             this
             Kingdom
             :
             So
             as
             when
             they
             were
             raised
             ,
             they
             were
             raised
             in
             their
             own
             armes
             :
             But
             for
             such
             men
             as
             passed
             the
             Seas
             for
             forrain
             Service
             ,
             as
             they
             were
             Volunteirs
             ,
             or
             sent
             over
             by
             the
             Parliament
             these
             were
             armed
             acccording
             to
             speciall
             contract
             .
             But
             Queen
             Mary
             having
             gotten
             a
             safe
             reserve
             from
             Spaine
             upon
             all
             adventures
             ,
             and
             a
             strong
             Interest
             amongst
             the
             People
             ,
             by
             upholding
             the
             Catholique
             party
             ,
             made
             no
             bones
             to
             innovate
             in
             the
             point
             of
             arming
             of
             the
             Militia
             ,
             although
             it
             cost
             the
             People
             much
             more
             then
             was
             imposed
             upon
             their
             Ancestors
             .
             The
             pattern
             hereof
             was
             taken
             from
             the
             Spanish
             Cabinet
             ,
             the
             Q.
             being
             loth
             to
             be
             inferior
             to
             her
             own
             Husband
             ,
             in
             bringing
             as
             much
             strength
             to
             him
             as
             he
             to
             her
             ,
             and
             both
             of
             them
             willing
             enough
             to
             appeare
             potent
             in
             the
             eyes
             of
             France
             that
             then
             stood
             in
             competition
             with
             them
             both
             :
             A
             yoke
             it
             was
             ,
             
             yet
             neither
             the
             King
             nor
             Queens
             Will
             ,
             but
             the
             Parliament
             put
             it
             on
             and
             ere
             an
             age
             expired
             was
             cast
             off
             again
             :
             For
             the
             better
             understanding
             ,
             see
             it
             in
             this
             Scheme
             .
          
           
             
               
                 
                   
                     Per
                     Annum
                  
                   .
                
                 
                   Lances
                   .
                
                 
                   
                     Light
                     Horse
                  
                
                 
                   Corslets
                   .
                
                 
                   Bowes
                   .
                
                 
                   Hacquebuts
                
                 
                   Bills
                   .
                
              
               
                 
                   1000.
                   l.
                   
                
                 
                   6.
                   
                
                 
                   10.
                   
                
                 
                   40.
                   
                
                 
                   30.
                   
                
                 
                   20.
                   
                
                 
                   20.
                   
                
              
               
                 
                   1000.
                   marks
                   .
                
                 
                   4.
                   
                
                 
                   6.
                   
                
                 
                   30.
                   
                
                 
                   20.
                   
                
                 
                   10.
                   
                
                 
                   10.
                   
                
              
               
                 
                   400.
                   l.
                   
                
                 
                   2.
                   
                
                 
                   4.
                   
                
                 
                   20.
                   
                
                 
                   15.
                   
                
                 
                   6.
                   
                
                 
                    
                
              
               
                 
                   200.
                   l.
                   
                
                 
                   1.
                   
                
                 
                   2.
                   
                
                 
                   10.
                   
                
                 
                   8.
                   
                
                 
                   3.
                   
                
                 
                    
                
              
               
                 
                   100.
                   l.
                   
                
                 
                    
                
                 
                   2.
                   
                
                 
                   3.
                   
                
                 
                   3.
                   
                
                 
                   2.
                   
                
                 
                    
                
              
               
                 
                   100.
                   marks
                   .
                
                 
                    
                
                 
                   1.
                   
                
                 
                   2.
                   
                
                 
                   2.
                   
                
                 
                   1.
                   
                
                 
                    
                
              
               
                 
                   40.
                   l.
                   
                
                 
                    
                
                 
                    
                
                 
                   2.
                   
                
                 
                   1.
                   
                
                 
                   2.
                   
                
                 
                    
                
              
               
                 
                   20.
                   l.
                   
                
                 
                    
                
                 
                    
                
                 
                   1.
                   
                
                 
                   1.
                   
                
                 
                   1.
                   
                
                 
                    
                
              
               
                 
                   10.
                   l.
                   
                
                 
                    
                
                 
                    
                
                 
                   
                     A
                     Coate
                     of
                     Plate
                  
                   .
                
                 
                   1.
                   
                
                 
                   1.
                   
                
                 
                    
                
              
               
                 
                   5.
                   l.
                   
                
                 
                    
                
                 
                    
                
                 
                   
                     A
                     Coate
                     of
                     Plate
                  
                   .
                
                 
                   1.
                   
                
                 
                    
                
                 
                   1.
                   
                
              
            
             
               
                 Goods
                 .
              
               
                 
                   1000.
                   marks
                   .
                
                 
                   1.
                   
                
                 
                   1.
                   
                
                 
                   2.
                   
                
                 
                   4.
                   
                
                 
                   3.
                   
                
                 
                    
                
              
               
                 
                   400.
                   l.
                   
                
                 
                    
                
                 
                   1.
                   
                
                 
                   1.
                   
                
                 
                   2.
                   
                
                 
                   1.
                   
                
                 
                    
                
              
               
                 
                   200.
                   l.
                   
                
                 
                    
                
                 
                    
                
                 
                   1.
                   
                
                 
                   2.
                   
                
                 
                   1.
                   
                
                 
                    
                
              
               
                 
                   100.
                   l.
                   
                
                 
                    
                
                 
                    
                
                 
                   1.
                   
                
                 
                   2.
                   
                
                 
                    
                
                 
                    
                
              
               
                 
                   40.
                   l.
                   
                
                 
                    
                
                 
                    
                
                 
                   
                     Two
                     Coats
                     of
                     Plate
                  
                   .
                
                 
                   1.
                   
                
                 
                    
                
                 
                   1.
                   
                
              
               
                 
                   20.
                   l.
                   
                
                 
                    
                
                 
                    
                
                 
                   
                     One
                     Coate
                     of
                     Plate
                  
                   .
                
                 
                   2.
                   
                
                 
                    
                
                 
                   1.
                   
                
              
               
                 
                   10.
                   l.
                   
                
                 
                    
                
                 
                    
                
                 
                    
                
                 
                   1.
                   
                
                 
                    
                
                 
                   1.
                   
                
              
            
          
           
           
             The
             Lances
             were
             to
             be
             compleatly
             harnised
             ,
             or
             the
             one
             half
             of
             them
             ,
             the
             Corcellets
             furnished
             ▪
             with
             Coates
             of
             Maile
             and
             Pikes
             :
             the
             Bowes
             with
             an
             Iron
             Cap
             and
             a
             sheaf
             of
             Arrowes
             .
             The
             Hackbuts
             with
             Sallets
             ;
             all
             which
             was
             to
             be
             over
             and
             besides
             such
             Armes
             as
             men
             were
             bound
             unto
             by
             Tenure
             ,
             or
             Covenant
             with
             the
             Landlord
             ,
             or
             by
             vertue
             of
             the
             Statute
             33
             H.
             8.
             ca.
             5.
             besides
             town-ships
             which
             were
             charged
             with
             joint
             Armes
             ;
             Annuities
             and
             Coppy-holds
             were
             charged
             as
             goods
             .
             If
             the
             Armes
             were
             lost
             in
             the
             Service
             the
             owner
             must
             make
             them
             good
             again
             :
             The
             defaults
             were
             punishable
             with
             fine
             by
             the
             Justices
             of
             the
             Peace
             ,
             who
             had
             the
             view
             ,
             and
             might
             present
             them
             at
             the
             Sessions
             to
             be
             procceded
             upon
             as
             in
             other
             Cases
             .
             Here
             is
             provision
             enough
             ,
             yet
             not
             as
             the
             Armes
             of
             the
             Militia
             of
             the
             Kingdom
             ,
             but
             as
             a
             Magazine
             in
             the
             hands
             of
             every
             particular
             man
             ,
             and
             as
             his
             proper
             goods
             ,
             to
             be
             imployed
             for
             the
             publique
             Service
             ,
             either
             upon
             sudden
             invasion
             in
             a
             defensive
             Warr
             ,
             or
             when
             the
             Parliament
             shall
             send
             them
             abroad
             .
             And
             yet
             it
             is
             also
             a
             rule
             unto
             the
             Crown
             against
             arbitrary
             Assessments
             upon
             discretion
             ,
             from
             which
             it
             cannot
             recede
             if
             it
             mean
             to
             do
             right
             .
             It
             might
             now
             very
             well
             stand
             with
             the
             Justice
             of
             Queen
             Elizabeth
             ,
             to
             grant
             Commissions
             of
             Array
             ,
             
               Secundum
               formam
               Statutorum
            
             ,
             and
             do
             hurt
             to
             no
             man
             ;
             its
             true
             ,
             her
             Commissions
             of
             Lord
             Lievtenancy
             wanted
             that
             limitation
             in
             words
             ,
             yet
             they
             carried
             the
             sense
             ,
             for
             if
             the
             Crown
             were
             bound
             by
             the
             Law
             ,
             the
             Lord
             Leivtenants
             were
             much
             rather
             ,
             but
             the
             danger
             arose
             after
             the
             death
             of
             Queen
             Elizabeth
             ;
             for
             when
             King
             James
             came
             to
             the
             Crown
             ,
             under
             colour
             of
             pleasing
             the
             People
             ,
             and
             easing
             them
             of
             a
             burthen
             ,
             he
             pleased
             himself
             more
             ,
             and
             made
             the
             yoke
             upon
             the
             People
             much
             more
             heavy
             in
             the
             conclusion
             ;
             for
             where
             no
             declared
             Law
             is
             ,
             there
             the
             discretion
             of
             them
             that
             have
             the
             care
             lying
             upon
             them
             must
             be
             the
             rule
             ;
             &
             thus
             came
             the
             Scottish
             blood
             to
             have
             pretentions
             to
             a
             greater
             Prerogative
             then
             all
             their
             Predecessors
             had
             ,
             upon
             this
             supposal
             that
             the
             Statute
             of
             Queen
             Mary
             took
             away
             all
             former
             Lawes
             of
             that
             kinde
             ,
             and
             then
             the
             taking
             away
             of
             the
             Statute
             of
             Q.
             Mary
             takes
             away
             all
             declared
             Law
             as
             to
             that
             point
             :
             But
             more
             truly
             it
             
             may
             be
             inferred
             ,
             that
             if
             all
             Statute-Laws
             be
             taken
             away
             ,
             then
             the
             rule
             of
             Tenures
             at
             the
             Common
             Law
             must
             remain
             in
             force
             and
             no
             other
             .
             Nevertheless
             this
             Statute
             of
             Queen
             Mary
             ,
             though
             in
             force
             for
             the
             present
             ,
             was
             not
             a
             generall
             rule
             for
             Armes
             in
             all
             places
             of
             this
             Nation
             ;
             for
             the
             Marches
             of
             Scotland
             were
             a
             peculier
             jurisdiction
             as
             to
             this
             point
             .
             They
             stood
             in
             more
             constant
             need
             of
             Armes
             then
             any
             other
             part
             of
             this
             Nation
             ,
             in
             regard
             of
             their
             uncertain
             condition
             ,
             in
             relation
             to
             their
             Neighbouring
             jurisdiction
             ,
             and
             therfore
             were
             the
             Farmes
             of
             these
             parts
             generally
             contracted
             for
             ,
             upon
             a
             speciall
             reservation
             of
             Armes
             for
             each
             particular
             ,
             which
             being
             now
             decaied
             are
             ,
             again
             reduced
             by
             Queen
             Elizabeth
             to
             their
             ancient
             condition
             in
             the
             time
             of
             Henry
             the
             eighth
             .
             
          
           
             A
             second
             thing
             which
             may
             come
             under
             this
             generall
             consideration
             of
             arming
             ,
             is
             ,
             the
             arming
             of
             places
             ,
             by
             making
             of
             Forts
             and
             Castles
             ;
             which
             was
             not
             in
             the
             immediate
             determinate
             will
             of
             the
             Crown
             to
             order
             as
             it
             pleased
             ,
             for
             though
             they
             may
             seem
             to
             be
             meanes
             of
             Peace
             and
             present
             safety
             ,
             yet
             they
             are
             Symptomes
             of
             Warr
             ,
             and
             in
             the
             best
             times
             are
             looked
             upon
             with
             a
             jealous
             eye
             ,
             especially
             such
             as
             are
             not
             bordering
             upon
             the
             Coasts
             :
             Because
             that
             Prince
             that
             buildeth
             Castles
             within
             the
             Land
             is
             supposed
             to
             feare
             the
             Neighbourhood
             .
             This
             was
             more
             especially
             regarded
             in
             the
             dayes
             of
             Phillip
             and
             Mary
             :
             For
             when
             that
             marriage
             was
             to
             be
             solemnized
             ,
             it
             was
             one
             of
             the
             Articles
             to
             provide
             for
             the
             safety
             of
             such
             Forts
             and
             Castles
             ,
             as
             then
             were
             maintained
             ,
             to
             the
             end
             they
             might
             be
             preserved
             free
             from
             usurpation
             ,
             for
             the
             Use
             ,
             Profit
             ,
             Strength
             ,
             and
             Defence
             of
             the
             Realme
             ;
             
             onely
             by
             the
             naturall
             borne
             of
             the
             same
             .
             And
             afterwards
             when
             occasion
             was
             offered
             ,
             for
             the
             building
             of
             more
             of
             that
             nature
             ;
             a
             new
             power
             is
             given
             to
             King
             Phillip
             ;
             
             and
             Queen
             Mary
             ,
             to
             re-edifie
             or
             make
             Forts
             and
             Castles
             ,
             which
             must
             be
             executed
             by
             Commission
             to
             the
             Legies
             for
             ten
             years
             ,
             and
             only
             within
             the
             Counties
             bordering
             upon
             Scotland
             ,
             and
             these
             perticularly
             named
             in
             the
             Statute
             ,
             so
             as
             the
             Crown
             had
             not
             power
             to
             build
             in
             all
             places
             ,
             nor
             to
             any
             end
             they
             pleased
             ,
             nor
             to
             place
             therein
             ,
             or
             betrust
             the
             same
             to
             whom
             it
             would
             .
             
             Nor
             yet
             had
             Edward
             the
             sixth
             that
             absolute
             power
             ,
             although
             not
             ingaged
             in
             forrain
             interests
             ,
             as
             his
             sister
             Mary
             was
             ;
             and
             therefore
             whereas
             Castellanes
             had
             been
             made
             for
             life
             ,
             by
             Patent
             ,
             
             and
             so
             the
             absolute
             power
             of
             the
             Crown
             was
             barred
             in
             the
             free
             disposal
             of
             the
             same
             during
             such
             time
             .
             The
             Parliament
             gave
             the
             King
             power
             to
             remove
             such
             as
             were
             not
             liked
             ,
             or
             thought
             faithfull
             to
             the
             publique
             interest
             ,
             although
             they
             gave
             no
             cause
             of
             Seisure
             by
             any
             disloyal
             act
             .
             The
             like
             also
             may
             be
             observed
             of
             the
             Ships
             and
             Ordnance
             ;
             for
             they
             also
             do
             belong
             to
             the
             State
             ,
             as
             the
             Jewels
             of
             the
             Crown
             ,
             and
             therefore
             upon
             the
             Marriage
             of
             Queen
             Mary
             ,
             they
             also
             are
             by
             Articles
             preserved
             and
             saved
             ,
             for
             the
             use
             ,
             profit
             ,
             strength
             ,
             and
             defence
             of
             the
             Realm
             ,
             by
             the
             natural
             born
             of
             the
             same
             .
          
           
             Thirdly
             ,
             as
             touching
             the
             ordering
             of
             the
             Souldiery
             ,
             the
             matter
             is
             not
             much
             to
             be
             insisted
             upon
             ,
             for
             little
             doubt
             is
             to
             be
             made
             ,
             but
             that
             power
             that
             raiseth
             them
             also
             ordereth
             them
             to
             the
             same
             ends
             that
             they
             are
             raised
             :
             and
             therefore
             as
             the
             sole
             power
             of
             the
             Crown
             doth
             not
             the
             one
             ,
             so
             neither
             doth
             it
             the
             other
             ,
             but
             in
             cases
             formerly
             mentioned
             ;
             and
             yet
             in
             no
             case
             ,
             though
             the
             War
             b
             be
             never
             so
             absolutely
             defensive
             ,
             and
             the
             Souldiers
             raised
             by
             the
             Kings
             own
             and
             onely
             power
             ;
             yet
             hath
             not
             the
             King
             absolute
             Authority
             ,
             and
             arbitrary
             power
             ,
             in
             the
             ordering
             of
             them
             when
             they
             are
             raised
             ,
             but
             he
             must
             so
             behave
             himself
             to
             them
             ,
             as
             to
             Free-men
             ,
             according
             to
             Laws
             made
             by
             themselves
             in
             their
             Representative
             in
             Parliament
             ,
             and
             therefore
             are
             particular
             Laws
             made
             to
             that
             end
             ,
             
             against
             undue
             levying
             and
             discharging
             of
             Souldiers
             ,
             and
             Defaults
             in
             paying
             of
             them
             ;
             as
             also
             against
             the
             Souldiers
             departing
             from
             their
             Service
             without
             Licence
             ,
             
             or
             wasting
             their
             Arms
             ,
             and
             such
             as
             wilfully
             absent
             themselves
             from
             Musters
             ;
             
             as
             also
             for
             the
             preserving
             the
             Castles
             Forts
             ,
             Ships
             ,
             and
             Munition
             for
             War
             ,
             from
             being
             with-holden
             from
             their
             due
             use
             ,
             or
             from
             burning
             or
             destroying
             .
          
           
             Lastly
             ,
             as
             touching
             the
             charge
             of
             the
             War
             ,
             and
             pay
             of
             the
             Souldies
             .
             It
             s
             evident
             ,
             that
             in
             all
             offensive
             Wars
             the
             Souldier
             was
             paid
             by
             the
             Crown
             ,
             although
             they
             might
             be
             said
             in
             
             some
             manner
             to
             be
             in
             order
             to
             the
             Defence
             and
             Safety
             of
             the
             Nation
             ;
             nevertheless
             where
             the
             same
             was
             so
             apparent
             to
             the
             people
             ,
             it
             was
             the
             common
             course
             in
             these
             Times
             to
             have
             often
             Parliaments
             ,
             and
             often
             Subsidies
             ,
             which
             were
             no
             less
             in
             a
             good
             measure
             satisfactory
             to
             the
             Crown
             for
             the
             Charges
             of
             the
             War
             ,
             then
             Testimonies
             of
             the
             Peoples
             good
             Acceptance
             of
             the
             Government
             of
             Affairs
             ,
             and
             so
             accepted
             at
             their
             hands
             :
             The
             particular
             Records
             will
             warrant
             all
             this
             .
             For
             of
             all
             the
             Wars
             in
             these
             Times
             (
             that
             of
             88.
             excepted
             )
             not
             any
             of
             them
             were
             ever
             managed
             at
             the
             Peoples
             charge
             by
             Contribution
             ,
             but
             by
             Retribution
             .
             So
             happy
             were
             these
             Times
             ,
             wherein
             the
             People
             looking
             upon
             the
             Crown
             ,
             as
             under
             a
             kinde
             of
             infirmity
             of
             Childhood
             or
             Womanhood
             ,
             did
             therefore
             bear
             a
             kinde
             of
             compassionate
             regard
             thereunto
             ,
             without
             jealousie
             at
             Prerogative
             ,
             could
             condiscend
             and
             allow
             the
             Crown
             its
             full
             Grains
             ,
             and
             somewhat
             more
             ,
             yea
             more
             then
             was
             meet
             for
             some
             other
             Princes
             to
             desire
             ,
             or
             the
             People
             to
             give
             up
             ;
             and
             yet
             more
             happy
             were
             they
             ,
             wherein
             the
             Crown
             knew
             no
             interest
             but
             in
             dependence
             upon
             the
             People
             good
             ,
             and
             so
             understanding
             were
             rightly
             understood
             .
          
        
         
           
             CHAP.
             XXXIX
             .
             Of
             the
             Peace
             .
          
           
             IT
             is
             but
             little
             that
             can
             be
             said
             of
             Peace
             in
             these
             Times
             ,
             wherein
             so
             little
             freedom
             was
             found
             from
             forrain
             pretentions
             ,
             and
             intestine
             irregularities
             ,
             or
             both
             ;
             and
             yet
             the
             People
             were
             never
             more
             resolved
             against
             the
             former
             ,
             nor
             secure
             against
             the
             later
             ,
             and
             had
             God
             to
             Friend
             in
             all
             .
             But
             most
             apparently
             was
             this
             observable
             in
             the
             Times
             of
             Queen
             Elizabeth
             ,
             whose
             Government
             took
             up
             four
             parts
             of
             five
             of
             these
             Times
             ,
             whereof
             we
             now
             treat
             .
             She
             was
             a
             compleat
             Conquerour
             of
             War
             and
             Treason
             ,
             and
             therein
             the
             true
             Inheritor
             of
             the
             Fate
             of
             her
             Grand-father
             Henry
             the
             seventh
             ,
             
             with
             advantage
             ,
             for
             she
             out-faced
             all
             Dangers
             by
             her
             onely
             presence
             ,
             having
             therof
             had
             more
             experience
             then
             any
             Princes
             that
             ever
             possessed
             her
             Throne
             ;
             yet
             she
             was
             wise
             enough
             to
             beware
             against
             the
             future
             ;
             considering
             her
             condition
             to
             be
             the
             last
             of
             her
             Line
             ;
             that
             the
             next
             behinde
             her
             was
             rather
             likely
             to
             trip
             up
             her
             heels
             then
             support
             her
             Train
             ;
             that
             the
             Pope
             narrowly
             watched
             every
             opportunity
             ;
             the
             distance
             between
             him
             and
             the
             Throne
             ,
             being
             no
             greater
             then
             the
             breadth
             of
             her
             onely
             Person
             .
             It
             may
             well
             therefore
             admit
             of
             excuse
             ,
             if
             the
             Statute
             of
             the
             15.
             of
             Edward
             the
             third
             ,
             concerning
             Treasons
             did
             not
             give
             satisfaction
             ,
             although
             therein
             if
             she
             were
             solicitous
             ,
             her
             Subjects
             were
             more
             .
             Some
             kindes
             of
             Offences
             were
             made
             Treason
             by
             Statute-Laws
             ,
             which
             formerly
             appeared
             not
             such
             ,
             because
             they
             appeared
             not
             at
             all
             ;
             and
             yet
             in
             the
             opinion
             of
             her
             People
             the
             Queen
             was
             too
             slack
             in
             the
             making
             ,
             and
             more
             slack
             in
             the
             execution
             of
             them
             .
             The
             People
             had
             ingaged
             themselves
             deeply
             against
             the
             Queen
             of
             Scots
             ,
             and
             it
             was
             not
             safe
             for
             them
             to
             go
             back
             ;
             they
             go
             yet
             deeper
             ,
             and
             without
             any
             positive
             Authority
             ,
             leading
             the
             way
             ,
             they
             enter
             into
             an
             Association
             amongst
             themselves
             ,
             for
             the
             Queens
             safety
             ;
             and
             it
             was
             well
             liked
             by
             the
             Queen
             ,
             because
             she
             knew
             it
             was
             well
             meant
             ,
             although
             by
             some
             it
             was
             mistaken
             ;
             
             nevertheless
             to
             take
             away
             all
             Exception
             ,
             a
             Law
             is
             made
             in
             pursuance
             thereof
             ,
             and
             so
             the
             Work
             is
             reduced
             under
             an
             ordinary
             rate
             ,
             though
             the
             publique
             Danger
             was
             such
             ,
             as
             might
             well
             have
             digested
             an
             extraordinary
             undertaking
             .
          
           
             I
             intend
             not
             to
             enter
             into
             the
             particulars
             of
             these
             Treasons
             of
             the
             new
             stamp
             ,
             because
             they
             are
             but
             temporary
             ,
             and
             in
             their
             ultimate
             reach
             tend
             onely
             to
             the
             safeguard
             of
             the
             Queens
             person
             ,
             in
             order
             to
             the
             intentionary
             sense
             of
             the
             Statute
             of
             25.
             
             Edw.
             3.
             although
             not
             within
             the
             explicit
             words
             of
             that
             Law.
             Onely
             this
             is
             observable
             ,
             that
             though
             the
             Times
             were
             full
             of
             malice
             ,
             yet
             was
             not
             all
             malice
             looked
             upon
             as
             fatal
             ,
             nor
             every
             Expression
             thereof
             Treason
             ,
             or
             privity
             thereto
             Treason
             (
             although
             the
             Crown
             it self
             was
             not
             a
             little
             concerned
             therein
             )
             but
             reduced
             to
             an
             inferiour
             degree
             ,
             called
             Misprision
             ,
             as
             if
             they
             were
             willing
             rather
             to
             construe
             undertakings
             
             for
             mistakings
             ,
             and
             thereby
             overlook
             much
             of
             the
             malignity
             of
             those
             Times
             ,
             then
             to
             make
             strict
             inquisition
             into
             every
             Punctilio
             of
             Offence
             .
          
           
             As
             touching
             Felony
             ,
             the
             Rules
             were
             various
             ;
             some
             were
             of
             a
             new
             original
             ,
             as
             that
             of
             Gipsies
             ;
             others
             formerly
             such
             ,
             
             afterwards
             said
             aside
             ,
             are
             now
             revived
             with
             advantage
             ,
             as
             Conjuration
             ,
             and
             Buggery
             :
             
             but
             Imbessellings
             by
             Servants
             of
             their
             Masters
             Goods
             ,
             made
             Felony
             for
             a
             time
             by
             Edward
             the
             sixth
             ,
             is
             by
             Queen
             Elizabeth
             made
             perpetual
             .
             
             Some
             Felonies
             are
             made
             such
             within
             a
             certain
             precinct
             ,
             as
             Men-stealers
             ,
             and
             other
             Crimes
             upon
             the
             Scottish
             Borders
             .
             Others
             formerly
             made
             Felony
             are
             now
             unmade
             ,
             
             as
             that
             concerning
             Prophesies
             ,
             and
             divers
             formerly
             protected
             under
             the
             refuge
             of
             Clergy
             ,
             are
             now
             barred
             of
             that
             reserve
             .
             Such
             as
             are
             those
             that
             command
             Councel
             ,
             or
             hire
             others
             to
             commit
             Pettie
             Treason
             ,
             Murder
             ,
             or
             Robbery
             ,
             4
             &
             5
             
               Phil.
               &
               Mar.
               cap.
            
             4.
             
             Stealers
             of
             Horses
             ,
             Geldings
             ,
             or
             Mares
             ,
             2
             E.
             6.
             cap.
             33.
             
             Robbers
             of
             Houses
             ,
             Booth
             ,
             or
             Tent
             ,
             by
             Day
             or
             Night
             ,
             5
             E.
             6.
             cap.
             9.
             
             Pick-pockets
             ,
             or
             Cut-purses
             ,
             8
             
               Eliz.
               cap.
            
             4.
             
             And
             Women-stealers
             ,
             39
             
               Eliz.
               cap.
            
             9.
             
             And
             some
             Crimes
             made
             Felony
             impeachable
             ,
             onely
             within
             a
             certain
             time
             ,
             and
             not
             upon
             a
             cool
             suite
             ;
             so
             as
             upon
             the
             whole
             heap
             of
             the
             Account
             ,
             the
             zeal
             of
             the
             Times
             will
             appear
             to
             be
             more
             hot
             ,
             by
             how
             much
             iniquity
             appeared
             more
             hainous
             ,
             and
             that
             wicked
             men
             waxed
             worse
             as
             the
             Times
             waxed
             better
             .
             More
             particulars
             of
             this
             nature
             ,
             and
             of
             other
             Offences
             of
             inferior
             note
             might
             be
             superadded
             ;
             as
             also
             of
             Laws
             ,
             of
             alteration
             and
             amendment
             of
             Process
             and
             Triall
             ,
             and
             of
             Common
             Assurance
             and
             Conveyance
             of
             Estates
             ,
             of
             particular
             Revenue
             ;
             all
             which
             might
             be
             insisted
             upon
             ,
             if
             need
             were
             ,
             to
             clear
             out
             yet
             further
             the
             conclusion
             of
             the
             whole
             matter
             ,
             which
             I
             hasten
             to
             accomplish
             ,
             led
             on
             by
             a
             natural
             motion
             ,
             that
             grows
             in
             speed
             the
             nigher
             it
             comes
             to
             its
             end
             .
          
        
         
           
           
             CHAP.
             XL.
             A
             summary
             Conclusion
             upon
             the
             whole
             matter
             .
          
           
             IN
             the
             stating
             of
             this
             whole
             account
             ;
             I
             shall
             first
             glance
             upon
             the
             naturall
             constitution
             of
             the
             People
             of
             England
             ,
             and
             then
             gather
             up
             the
             scattered
             Notions
             into
             one
             form
             ,
             because
             the
             one
             doth
             not
             a
             little
             illustrate
             the
             other
             ,
             and
             shew
             the
             same
             to
             be
             radicall
             and
             not
             by
             any
             forced
             inoculation
             .
          
           
             The
             People
             are
             of
             a
             middle
             temper
             according
             to
             their
             Climate
             :
             The
             Northern
             Melancholly
             ,
             and
             the
             Southern
             Choller
             ,
             meeting
             in
             their
             generall
             Constitution
             doth
             render
             them
             ingenious
             and
             active
             ;
             which
             nourished
             also
             under
             the
             wings
             of
             Liberty
             ,
             inspires
             a
             courage
             generous
             and
             not
             soon
             out
             of
             breath
             .
             Active
             they
             are
             ,
             and
             so
             nigh
             to
             pure
             act
             that
             nothing
             hurts
             them
             more
             then
             much
             quiet
             ;
             of
             which
             they
             had
             little
             experience
             ,
             from
             their
             first
             transmigration
             till
             the
             time
             of
             King
             James
             ;
             but
             ever
             were
             at
             work
             either
             in
             building
             (
             as
             before
             the
             Norman
             times
             )
             or
             after
             in
             repairing
             their
             ruines
             ,
             occasioned
             by
             tempestous
             pretentions
             from
             Rome
             ,
             and
             Forrain
             Princes
             ,
             or
             by
             earth-quakes
             of
             Civill
             contention
             about
             the
             Title
             between
             the
             two
             Houses
             of
             Yorke
             and
             Lancaster
             ,
             or
             intrenchments
             of
             the
             Crown
             upon
             the
             Liberty
             of
             the
             People
             .
             But
             King
             James
             conquering
             all
             enmity
             ,
             spake
             Peace
             abroad
             and
             sang
             Lullaby
             at
             home
             :
             Yet
             like
             a
             dead
             calm
             in
             a
             hot
             spring
             ,
             treasured
             up
             in
             store
             sad
             distempers
             against
             a
             back
             Winter
             .
             Their
             Ingenuity
             will
             not
             allow
             them
             to
             be
             excellent
             at
             the
             cheat
             ;
             but
             are
             rather
             subject
             in
             that
             kinde
             to
             take
             then
             give
             :
             and
             supposing
             others
             as
             open
             hearted
             as
             themselves
             ,
             are
             many
             times
             in
             Treaties
             overmatched
             by
             them
             whom
             they
             overmatch
             in
             Armes
             .
             Upon
             the
             same
             account
             they
             are
             neither
             imperous
             over
             those
             beneath
             ,
             nor
             
             stubborn
             against
             them
             above
             ;
             but
             can
             wel
             discern
             both
             person
             and
             time
             .
             Man
             ,
             Woman
             ,
             or
             Child
             ,
             all
             is
             one
             with
             them
             ,
             they
             will
             honor
             Majesty
             where
             ever
             they
             see
             it
             .
             And
             of
             the
             twain
             tender
             it
             more
             when
             they
             see
             it
             set
             upon
             infirmity
             :
             as
             if
             they
             knew
             how
             to
             command
             themselves
             only
             in
             order
             to
             the
             publique
             good
             .
          
           
             Nevertheless
             they
             love
             much
             to
             be
             free
             ,
             when
             they
             were
             under
             awe
             of
             the
             Popes
             Curse
             ,
             they
             bore
             off
             designes
             by
             the
             Head
             and
             Shoulders
             ;
             but
             afterwards
             ,
             by
             watchfullnesse
             ,
             and
             fore-sight
             ;
             and
             having
             attained
             a
             light
             in
             Religion
             that
             will
             own
             their
             Liberties
             ,
             of
             them
             both
             they
             make
             up
             one
             Garland
             not
             to
             be
             touched
             by
             any
             rude
             hand
             ,
             but
             as
             if
             it
             were
             the
             bird
             of
             the
             eye
             the
             whole
             body
             startles
             forthwith
             ,
             the
             allarme
             is
             soon
             given
             and
             taken
             ,
             and
             whether
             high
             or
             low
             none
             are
             spared
             that
             stand
             in
             their
             way
             .
             This
             they
             do
             owe
             to
             the
             Easterne
             People
             ,
             from
             whom
             they
             fetch
             their
             Pedegree
             .
             So
             as
             the
             only
             way
             to
             conquer
             them
             is
             to
             let
             them
             have
             their
             Liberties
             ,
             for
             like
             some
             Horses
             ,
             they
             are
             good
             for
             carriage
             ,
             so
             long
             as
             their
             burthens
             are
             easy
             and
             sit
             loose
             upon
             them
             ,
             but
             if
             too
             close
             girt
             they
             will
             break
             all
             ,
             or
             cast
             their
             load
             ,
             or
             dy
             .
             And
             therfore
             Q.
             Elizabeth
             gained
             much
             to
             the
             Crown
             by
             faire
             carriage
             ,
             good
             words
             ,
             and
             cleanly
             conveyance
             ,
             which
             was
             not
             soon
             discoverd
             nor
             easily
             parted
             with
             .
             But
             Henry
             the
             eighth
             by
             heighth
             of
             Spirit
             and
             great
             noise
             ,
             and
             therefore
             was
             no
             sooner
             off
             the
             stage
             but
             what
             was
             gotten
             by
             the
             snatch
             was
             lost
             by
             the
             catch
             ,
             and
             things
             soon
             returned
             into
             their
             ancient
             posture
             again
             .
          
           
             The
             first
             Government
             of
             the
             People
             before
             their
             departure
             out
             of
             Germany
             ,
             was
             in
             the
             two
             States
             of
             Lords
             and
             Commons
             .
             The
             Clergy
             came
             not
             into
             pomp
             ,
             and
             power
             ,
             till
             Austins
             time
             ,
             and
             soon
             came
             to
             the
             heighth
             of
             a
             third
             state
             appendent
             to
             the
             former
             ,
             and
             so
             continued
             till
             Henry
             the
             eighths
             time
             ;
             then
             they
             began
             to
             decay
             in
             power
             ,
             and
             in
             Queen
             Elizabeths
             time
             utterly
             lost
             the
             same
             ,
             and
             so
             they
             can
             no
             longer
             be
             called
             a
             State
             although
             they
             still
             keep
             state
             .
          
           
             The
             two
             States
             of
             Lords
             and
             Commons
             in
             their
             transmigration
             ,
             being
             then
             in
             the
             nature
             of
             an
             army
             of
             Souldiers
             ,
             had
             
             a
             Generall
             by
             their
             Election
             ,
             under
             whom
             after
             they
             had
             obtained
             a
             Peaceable
             setling
             ,
             they
             named
             anew
             by
             the
             name
             of
             Konning
             ,
             or
             the
             Wise
             man
             ,
             for
             then
             was
             Wisdome
             more
             necessary
             then
             Valour
             .
             But
             after
             the
             Clergy
             had
             won
             the
             day
             ,
             and
             this
             Konning
             had
             submitted
             himself
             and
             his
             people
             to
             their
             Ghostly
             Father
             ,
             they
             baptized
             him
             by
             a
             new
             name
             of
             Rex
             ,
             and
             so
             he
             is
             stiled
             in
             all
             written
             Monuments
             which
             we
             owe
             only
             to
             Ecclesiasticks
             ;
             although
             the
             vulgar
             held
             their
             appellation
             still
             ,
             which
             by
             contraction
             ,
             or
             rather
             corruption
             ,
             did
             at
             length
             arive
             into
             the
             word
             King
             ;
             a
             notion
             which
             as
             often
             changeth
             the
             sense
             as
             the
             aire
             :
             some
             making
             the
             person
             all
             in
             all
             ,
             others
             some
             in
             all
             ,
             and
             some
             nothing
             at
             al
             but
             a
             complement
             of
             State.
             The
             Clergy
             gave
             him
             his
             Title
             in
             the
             first
             sense
             ,
             and
             are
             willing
             he
             should
             have
             a
             power
             over
             the
             Estates
             in
             order
             to
             their
             designe
             ,
             which
             then
             was
             to
             rule
             the
             King
             and
             by
             him
             all
             his
             People
             ,
             he
             doing
             what
             be
             listeth
             with
             them
             ,
             and
             the
             Clergy
             the
             like
             with
             him
             .
             The
             Saxons
             take
             the
             word
             in
             the
             second
             sense
             ,
             for
             though
             they
             had
             put
             upon
             the
             Common-Wealth
             one
             Head
             ,
             and
             on
             that
             Head
             one
             Crown
             ,
             yet
             unto
             that
             Head
             did
             belong
             many
             eyes
             and
             many
             braines
             ,
             and
             nothing
             being
             done
             but
             by
             the
             common
             sense
             ;
             a
             power
             is
             left
             to
             him
             much
             like
             to
             that
             of
             the
             outward
             Members
             ,
             Executory
             .
          
           
             In
             time
             of
             War
             ,
             how
             unruly
             soever
             the
             humors
             be
             ,
             yet
             must
             the
             Law
             be
             his
             rule
             ;
             he
             cannot
             ingage
             the
             People
             either
             to
             make
             ,
             continue
             ,
             or
             determin
             ,
             any
             offensive
             War
             ,
             without
             their
             consent
             ;
             nor
             compell
             them
             to
             arme
             themselves
             ,
             nor
             command
             them
             out
             of
             their
             Counties
             for
             War
             ,
             nor
             impose
             Military
             charge
             upon
             them
             against
             their
             free
             consent
             ,
             or
             contrary
             to
             the
             known
             Law.
             
          
           
             In
             calmer
             times
             much
             rather
             ,
             he
             can
             neither
             make
             new
             Law
             nor
             alter
             the
             old
             ;
             form
             new
             Judicatories
             ,
             Writs
             ,
             Process
             ,
             Judgments
             ,
             or
             new
             executions
             ,
             nor
             inable
             or
             disable
             any
             conveyances
             of
             Estates
             .
             He
             may
             seem
             possessed
             of
             more
             power
             in
             Church
             government
             ,
             yet
             
               De
               jure
            
             ,
             can
             neither
             make
             nor
             alter
             Doctrine
             ,
             or
             Worship
             ,
             or
             Government
             in
             the
             Church
             :
             nor
             grant
             dispensations
             ,
             or
             Licences
             Ecclesiastical
             ;
             nor
             
             Commissions
             of
             jurisdiction
             other
             then
             according
             to
             the
             Law.
             And
             as
             a
             close
             to
             all
             ,
             by
             one
             oath
             taken
             at
             the
             Coronation
             he
             not
             onely
             giveth
             to
             the
             People
             security
             of
             the
             Peace
             and
             good
             behaviour
             ,
             but
             beareth
             witness
             that
             he
             oweth
             Allegiance
             both
             to
             the
             Law
             and
             the
             people
             ,
             different
             from
             that
             of
             the
             Peoples
             in
             this
             ,
             that
             the
             Kings
             Allegiance
             is
             due
             to
             the
             Law
             ,
             that
             is
             originally
             from
             the
             Peoples
             Election
             ,
             but
             the
             peoples
             to
             the
             King
             ,
             under
             a
             Law
             of
             their
             own
             framing
             .
          
           
             This
             leadeth
             on
             the
             consideration
             of
             a
             higher
             degree
             of
             power
             then
             that
             of
             Kings
             :
             For
             though
             Law
             as
             touching
             morallity
             in
             the
             generall
             be
             of
             Heavenly
             birth
             ;
             yet
             the
             positive
             Lawes
             arising
             from
             common
             Prudence
             concerning
             the
             Honour
             ,
             Peace
             ,
             and
             profit
             ,
             of
             every
             Nation
             ;
             are
             formed
             by
             humane
             constitution
             ,
             and
             are
             therefore
             called
             Honesta
             ,
             or
             justa
             ,
             because
             by
             common
             vote
             they
             are
             so
             esteemed
             ,
             and
             not
             because
             any
             one
             man
             supposeth
             them
             to
             be
             such
             .
             The
             words
             of
             the
             Summons
             to
             the
             Parliament
             doth
             hold
             for
             this
             ,
             
               Quae
               de
               communi
               consilio
               ordinari
               contigerint
               ,
            
             and
             the
             words
             in
             the
             Coronation
             Oath
             ,
             
               Quos
               vulgus
               elegerit
            
             ,
             do
             speak
             no
             less
             ,
             whether
             they
             be
             taken
             in
             the
             Preterperfect
             tence
             or
             Future
             tence
             ,
             the
             conclusion
             will
             be
             the
             same
             :
             True
             it
             is
             that
             in
             all
             ,
             Kings
             are
             supposed
             as
             present
             ;
             yet
             is
             not
             that
             valuable
             in
             the
             point
             of
             Councell
             ,
             which
             is
             the
             foundation
             of
             the
             positive
             Law.
             For
             as
             the
             best
             things
             under
             Heaven
             are
             subject
             to
             infirmity
             ;
             so
             Kings
             either
             short
             or
             beyond
             in
             Age
             ,
             or
             Wit
             ,
             or
             possibly
             given
             over
             to
             their
             lusts
             ,
             or
             sick
             ,
             or
             absent
             ,
             (
             in
             all
             which
             the
             name
             of
             a
             King
             adds
             little
             more
             to
             the
             Law
             then
             a
             sound
             )
             yet
             all
             the
             while
             the
             Government
             is
             maintained
             with
             as
             much
             Honour
             and
             Power
             as
             under
             the
             most
             wise
             and
             well
             disposed
             King
             that
             ever
             blessed
             the
             Throne
             .
          
           
             This
             is
             done
             in
             the
             convention
             of
             States
             ,
             which
             in
             the
             first
             times
             consisted
             rather
             of
             Individuals
             rather
             then
             Specificalls
             .
             The
             great
             men
             doubtless
             did
             many
             things
             even
             before
             they
             saw
             the
             English
             shore
             ;
             that
             Tacitus
             noteth
             ,
             yet
             in
             the
             publike
             convention
             of
             all
             ,
             did
             nothing
             alone
             til
             of
             one
             House
             they
             became
             two
             .
             The
             particular
             time
             of
             the
             seperation
             is
             uncertain
             ,
             and
             the
             occasion
             more
             :
             It
             may
             be
             the
             great
             Lords
             thought
             the
             
             mysteries
             of
             State
             too
             sacred
             to
             be
             debated
             before
             the
             vulgar
             ,
             least
             they
             should
             grow
             into
             curiosity
             :
             Possibly
             also
             might
             the
             Commons
             in
             their
             debates
             wish
             the
             great
             men
             absent
             that
             themselves
             might
             more
             freely
             vote
             without
             angering
             their
             great
             Lords
             :
             Nevertheless
             the
             Royall
             assent
             is
             ever
             given
             in
             the
             joynt
             convention
             of
             all
             ,
             but
             how
             a
             double
             negative
             should
             rest
             in
             the
             House
             of
             Lords
             ,
             one
             originally
             in
             themselves
             ,
             the
             other
             in
             the
             sole
             Person
             of
             the
             King
             ,
             when
             as
             in
             no
             case
             is
             any
             negative
             found
             upon
             Record
             ,
             but
             a
             modest
             waving
             to
             answer
             of
             such
             things
             as
             the
             King
             likes
             not
             ,
             is
             to
             me
             a
             mystery
             ,
             if
             it
             be
             not
             cleared
             by
             usurpation
             :
             For
             it
             is
             beyond
             reach
             ,
             why
             that
             which
             is
             once
             by
             the
             representative
             of
             the
             People
             determined
             to
             be
             Honestum
             ,
             should
             de
             dis-determined
             by
             one
             or
             a
             few
             ,
             whose
             Councells
             are
             for
             the
             most
             part
             but
             Notionary
             ,
             and
             grounded
             upon
             private
             inconveniences
             ,
             and
             not
             upon
             experimentalls
             of
             most
             publique
             concernment
             ;
             or
             that
             the
             vent
             or
             
               Soit
               fait
            
             ,
             which
             formerly
             held
             the
             roome
             onely
             of
             a
             Manifesto
             of
             the
             regall
             will
             to
             execute
             the
             Law
             then
             made
             (
             as
             his
             Coronation
             Oath
             to
             execute
             all
             Lawes
             formerly
             established
             )
             should
             now
             be
             taken
             to
             be
             a
             determination
             of
             the
             justnesse
             or
             honesty
             of
             the
             thing
             :
             When
             as
             this
             Royall
             assent
             is
             many
             times
             given
             by
             a
             King
             that
             knowes
             no
             difference
             between
             good
             and
             evill
             ,
             and
             is
             never
             competent
             Judge
             in
             matters
             that
             in
             his
             opinion
             do
             fall
             into
             contradistinction
             between
             his
             own
             private
             interest
             and
             the
             benefit
             of
             the
             People
             .
          
           
             However
             unequall
             it
             may
             seem
             ,
             yet
             both
             that
             and
             other
             advantages
             were
             gained
             by
             the
             House
             of
             Lords
             after
             the
             seperation
             was
             once
             made
             ,
             as
             many
             of
             the
             ancient
             Statutes
             (
             by
             them
             only
             made
             )
             do
             sufficiently
             hold
             forth
             ,
             which
             although
             in
             the
             generall
             do
             concern
             matters
             of
             Judicature
             ,
             wherin
             the
             Lords
             originally
             had
             the
             greatest
             share
             ,
             yet
             other
             things
             also
             escaped
             the
             Commons
             Vote
             which
             in
             after
             ages
             they
             recovered
             into
             their
             consideration
             again
             .
             And
             the
             condition
             of
             the
             People
             in
             those
             times
             did
             principally
             conduce
             hereunto
             :
             For
             untill
             the
             Norman
             times
             were
             somwhat
             settled
             ,
             the
             former
             ages
             had
             ever
             been
             uncertain
             ,
             in
             the
             changes
             between
             
             War
             and
             Peace
             ,
             which
             maintained
             the
             distance
             between
             the
             Lords
             and
             their
             Tenants
             ,
             and
             the
             Authority
             of
             the
             one
             over
             the
             other
             ,
             savouring
             of
             the
             more
             absolute
             command
             in
             War.
             And
             after
             that
             the
             Sword
             was
             turned
             into
             the
             plough-share
             ,
             the
             distance
             is
             established
             by
             compact
             of
             Tenure
             by
             Service
             ,
             under
             perill
             of
             default
             ,
             although
             in
             a
             different
             degree
             ;
             for
             the
             Service
             of
             a
             Knight
             ,
             as
             more
             eminent
             in
             War
             ,
             so
             in
             Peace
             it
             raised
             the
             minde
             to
             regard
             of
             publique
             Peace
             :
             but
             the
             Service
             of
             the
             plough
             supporting
             all
             ,
             is
             underneath
             all
             ,
             yet
             still
             under
             the
             common
             Condition
             of
             free
             men
             equally
             as
             the
             Knight
             .
             Peace
             now
             had
             scarcely
             exceeded
             its
             minority
             before
             it
             brought
             forth
             the
             unhappy
             birth
             of
             Ambition
             ;
             Kings
             would
             be
             more
             absolute
             ,
             and
             Lords
             more
             Lordly
             ;
             the
             Commons
             left
             far
             behinde
             seldom
             come
             into
             mention
             amongst
             the
             publique
             Acts
             of
             State
             ,
             and
             as
             uselesse
             set
             aside
             ;
             this
             was
             the
             lowest
             ebb
             that
             ever
             the
             Commonage
             of
             England
             indured
             ,
             which
             continued
             till
             Ambition
             brought
             on
             contention
             amongst
             the
             great
             men
             ,
             and
             thence
             the
             Barons
             Warrs
             ,
             wherein
             the
             Commons
             parting
             asunder
             ,
             some
             holding
             for
             the
             King
             ,
             who
             promised
             them
             Liberty
             from
             their
             Lords
             ;
             others
             siding
             with
             the
             Lords
             ,
             who
             promisied
             them
             Liberty
             from
             the
             King
             ;
             they
             became
             so
             minded
             of
             their
             Liberties
             ,
             that
             in
             the
             conclusion
             they
             come
             off
             upon
             better
             advantage
             for
             their
             Liberties
             then
             either
             King
             or
             Lords
             ,
             who
             all
             were
             Loosers
             before
             their
             reckoning
             was
             fully
             made
             .
             These
             Wars
             had
             by
             experience
             made
             the
             King
             sensible
             of
             the
             smart
             of
             the
             Lords
             great
             Interest
             with
             the
             People
             ,
             and
             pointed
             him
             to
             the
             pin
             upon
             which
             the
             same
             did
             hang
             ;
             to
             take
             which
             away
             ,
             a
             Designe
             is
             contrived
             to
             advance
             the
             value
             of
             the
             Commoners
             ,
             and
             to
             levell
             the
             Peerage
             ,
             that
             they
             both
             may
             draw
             in
             one
             equall
             yoke
             the
             Chariot
             of
             Prerogative
             .
             The
             power
             of
             the
             Commons
             in
             publique
             Councells
             was
             of
             some
             efficacy
             but
             not
             much
             Honour
             ,
             for
             their
             meetings
             were
             tumultuary
             ;
             time
             brought
             forth
             a
             cure
             hereof
             ,
             the
             flowers
             of
             the
             People
             are
             by
             Election
             sent
             to
             the
             Representative
             ;
             and
             so
             the
             Lords
             are
             matched
             if
             not
             over-matched
             ,
             the
             People
             lesse
             admiring
             the
             Lords
             ,
             and
             more
             regarding
             themselves
             .
             This
             
             was
             but
             a
             dazle
             ,
             an
             eclips
             ensues
             ;
             for
             Kings
             having
             duely
             eyed
             the
             Nature
             of
             Tenures
             between
             the
             Lords
             and
             Commons
             ,
             look
             upon
             it
             as
             an
             out-work
             or
             block-house
             in
             their
             way
             of
             approach
             :
             Their
             next
             endeavour
             is
             therefore
             to
             gain
             the
             Knighthood
             of
             England
             within
             the
             compass
             of
             their
             own
             Fee
             ,
             and
             so
             by
             priority
             to
             have
             their
             Service
             as
             often
             as
             need
             should
             require
             ,
             by
             a
             trick
             in
             Law
             ;
             as
             well
             for
             their
             own
             safety
             in
             time
             of
             War
             ,
             as
             for
             their
             benefit
             in
             time
             of
             Peace
             :
             This
             was
             a
             work
             of
             a
             continuing
             Nature
             ,
             and
             commended
             to
             Successors
             to
             accomplish
             by
             degrees
             ,
             that
             the
             whole
             Knighthood
             of
             England
             is
             become
             no
             more
             the
             Lords
             till
             Kings
             be
             first
             served
             ;
             and
             thus
             the
             power
             of
             the
             People
             is
             wholly
             devolved
             into
             the
             Kings
             Command
             ,
             and
             the
             Lords
             must
             now
             stand
             alone
             ,
             having
             no
             other
             foundation
             then
             the
             affections
             of
             the
             People
             gained
             by
             beneficense
             of
             Neighbourhood
             ,
             and
             ordinary
             society
             ,
             which
             commonly
             ingratiates
             the
             inferiour
             rank
             of
             men
             to
             those
             of
             higher
             degree
             ,
             especially
             such
             of
             them
             as
             affect
             to
             be
             popular
             .
             Henry
             the
             seventh
             found
             out
             this
             sore
             ,
             and
             taught
             his
             Successors
             the
             way
             to
             avoid
             that
             occasion
             of
             jealousy
             ,
             by
             calling
             up
             such
             considerable
             men
             to
             attend
             the
             Court
             ,
             without
             other
             wage
             but
             fruitlesse
             hopes
             ;
             or
             under
             colour
             of
             Honour
             to
             be
             had
             by
             Kings
             from
             the
             presence
             of
             such
             great
             men
             ,
             in
             their
             great
             Traines
             ;
             or
             of
             other
             Service
             of
             speciall
             note
             to
             be
             done
             onely
             by
             men
             of
             so
             high
             accomplishment
             .
             And
             by
             this
             meanes
             Lordship
             ,
             once
             bringing
             therewith
             both
             Authority
             and
             Power
             unto
             Kings
             ,
             before
             Kings
             grew
             jealous
             of
             their
             greatness
             ,
             in
             these
             later
             dayes
             is
             become
             a
             meer
             jelly
             ,
             and
             neither
             able
             to
             serve
             the
             Interest
             of
             Kings
             (
             if
             the
             People
             should
             bestir
             themselves
             )
             nor
             their
             own
             any
             longer
             :
             henceforth
             the
             Commons
             of
             England
             are
             no
             mean
             Persons
             ,
             and
             their
             representative
             of
             such
             concernment
             ,
             as
             if
             Kings
             will
             have
             them
             to
             observe
             him
             ,
             he
             must
             serve
             them
             with
             their
             Liberties
             and
             Lawes
             ;
             and
             every
             one
             the
             publique
             good
             of
             the
             People
             :
             No
             mans
             work
             is
             beneath
             ,
             no
             mans
             above
             it
             ,
             the
             best
             Honour
             of
             the
             Kings
             work
             is
             to
             be
             ,
             
             
               Nobilis
               servitus
            
             (
             as
             Antigonus
             said
             to
             his
             Son
             )
             or
             in
             plain
             English
             ,
             supreame
             Service
             above
             all
             and
             to
             the
             whole
             .
             I
             
             now
             conclude
             ,
             as
             I
             found
             this
             Nation
             a
             Common-Wealth
             ,
             so
             I
             leave
             it
             ,
             and
             so
             may
             it
             be
             for
             ever
             ;
             and
             so
             will
             it
             be
             ,
             if
             we
             may
             attain
             the
             happinesse
             of
             our
             Fore-Fathers
             the
             ancient
             Saxons
             ,
             
               Quilibet
               contentus
               sorte
               propria
            
             .
             
          
        
      
    
     
       
         
         
         
           A
           Table
           of
           the
           Principall
           Matters
           conteined
           in
           this
           Book
           .
        
         
           
             
               A
            
             
               
                 A
                 Betting
              
               of
               Felony
               made
               Felony
               .
               299
            
             
               Administration
               granted
               to
               the
               next
               of
               the
               Kindred
               .
               51
            
             
               Admirals
               power
               from
               the
               Parliament
               ,
               41.
               formerly
               under
               many
               ,
               brought
               into
               one
               ,
               42.
               once
               gained
               jurisdiction
               to
               the
               high
               water-mark
               ,
               44.
               and
               his
               Power
               regulated
               by
               Law
               ,
               ibid.
               over
               Sea-men
               ,
               Ports
               ,
               and
               Ships
               .
               44
            
             
               Allegiance
               according
               to
               Law
               ,
               
                 18.
                 vide
                 Supremacy
              
               ,
               the
               nature
               thereof
               in
               general
               ,
               79.
               its
               not
               natural
               ,
               
                 79
                 ,
                 89.
              
               not
               absolute
               or
               indefinite
               ,
               82.
               not
               to
               the
               King
               in
               his
               natural
               capacity
               ,
               86.
               it
               obligeth
               not
               the
               People
               to
               serve
               in
               forrain
               War
               ,
               10●
               .
               it
               is
               due
               to
               the
               person
               of
               the
               King
               for
               the
               time
               being
               ,
               
                 246
                 ,
                 279.
              
               what
               it
               is
               in
               time
               of
               War
               ,
               and
               relation
               thereunto
               ,
               
                 247.
                 
                 Henry
              
               the
               seventh
               ,
               and
               Henry
               the
               eighth
               indeavoured
               to
               advance
               it
               in
               relation
               to
               the
               Crown
               ,
               but
               effected
               it
               not
               ,
               204.
               
            
             
               Appeals
               in
               cases
               Ecclesiastical
               restrained
               from
               Rome
               ,
               and
               given
               in
               the
               Kings
               case
               to
               the
               Convocation
               and
               in
               the
               cases
               of
               the
               People
               ,
               the
               Archbishop
               afterwards
               to
               the
               Delegates
               ,
               and
               were
               never
               setled
               in
               the
               Crown
               
                 227
                 ,
                 233.
              
               vide
               Archbishop
               .
            
             
               Archbishop
               hath
               the
               lawfull
               power
               of
               the
               Pope
               in
               Appeals
               ,
               and
               Dispensations
               ,
               Licenses
               ,
               and
               Faculties
               ,
               233.
               the
               Archbishop
               of
               York
               looseth
               his
               jurisdiction
               over
               the
               Scottish
               Bishops
               .
               193
            
             
               Arrays
               ,
               Commission
               of
               Array
               ,
               
               
                 178
                 ,
                 vide
                 War.
              
               
            
             
               
                 Assent
                 of
                 the
                 King
              
               to
               Acts
               of
               Parliament
               ,
               serveth
               onely
               to
               the
               execution
               of
               the
               Law
               ,
               and
               not
               to
               the
               making
               thereof
               21
            
             
               Association
               of
               the
               People
               for
               the
               common
               safety
               ,
               before
               the
               Statute
               inabling
               the
               same
               ,
               298
            
          
        
         
           
             
               B.
               
            
             
               BAstardy
               ,
               not
               to
               be
               determined
               by
               the
               Ordinary
               before
               Summons
               to
               the
               Pretendors
               of
               Title
               to
               be
               heard
               .
               156
            
             
               Bench
               ,
               the
               Kings
               Bench
               at
               Westminster
               abated
               in
               power
               by
               the
               Commissions
               of
               Oyer
               and
               Terminer
               ,
               and
               Gaol
               delivery
               .
               
                 92
                 ,
                 165
              
            
             
               Benevolence
               ,
               first
               used
               by
               Edward
               the
               fourth
               ,
               184.
               taken
               away
               by
               Richard
               the
               third
               ,
               185.
               taken
               up
               again
               by
               Henry
               the
               seventh
               .
               196
            
             
               Bishops
               ,
               not
               impeachable
               before
               the
               civil
               Magistrate
               ,
               49.
               their
               Temporalties
               to
               be
               neither
               seised
               nor
               wasted
               in
               the
               vacancy
               ,
               
                 50.
                 vide
                 Ordinary
              
               .
            
             
               Buggery
               made
               Felony
               .
               299
            
          
        
         
           
             
               C.
               
            
             
               CAnons
               ,
               their
               power
               anciently
               in
               debate
               ,
               61.
               such
               as
               are
               not
               according
               to
               the
               Law
               are
               taken
               away
               .
               236
            
             
               Castles
               and
               Gaols
               restored
               to
               the
               County
               ,
               113.
               vide
               Forts
               and
               Fortifications
               .
            
             
               Chancery
               ,
               once
               an
               Office
               ,
               afterwards
               a
               Court
               ,
               35.
               the
               power
               grows
               by
               Act
               of
               Parliament
               ,
               
                 36
                 ,
                 162.
              
               the
               manner
               of
               the
               Proceedings
               ,
               38.
               
               Keeper
               of
               the
               great
               Seal
               increaseth
               in
               power
               .
               162
            
             
               Chancellor
               elected
               by
               the
               Parliament
               .
               39
            
             
               Cheshire
               made
               a
               Principality
               .
               11
            
             
               Children
               carried
               into
               Cloisters
               remedied
               .
               163
            
             
               Clergy
               ,
               priviledged
               from
               Arrest
               ,
               52.
               discharged
               of
               purveyance
               and
               free
               quarter
               ,
               52.
               their
               Temporalties
               in
               question
               ,
               63.
               the
               Commons
               love
               not
               their
               persons
               ,
               147.
               their
               first
               declining
               from
               Rome
               in
               the
               matter
               of
               Provisors
               ,
               150.
               they
               gain
               free
               process
               in
               matters
               Ecclesiastical
               ,
               192.
               their
               defection
               from
               Rome
               ,
               and
               submission
               to
               the
               Crown
               .
               206
            
             
               
                 Clergy
                 upon
                 Triall
              
               but
               once
               allowed
               ,
               257.
               in
               some
               cases
               
               disallowed
               .
               
                 250
                 ,
                 298
              
            
             
               Commissioners
               Ecclsiastical
               ,
               288.
               
               High
               Commission
               .
               ibid.
               
            
             
               Conjuration
               ,
               vide
               Witchcraft
               .
            
             
               Conservators
               of
               the
               Truce
               .
               162
            
             
               
                 Constables
                 Court
              
               ,
               vid.
               
                 Marshals
                 Court.
              
               
            
             
               Convocation
               established
               by
               Parliament
               ,
               151.
               it
               then
               undertook
               great
               matters
               ,
               but
               much
               more
               after
               the
               Clergies
               forsaking
               the
               Pope
               .
               229
            
             
               Councels
               ,
               the
               Privy
               Councel
               ordered
               by
               Parliament
               ,
               
                 21
                 ,
                 33
                 ,
                 141.
              
               of
               use
               for
               suddain
               motions
               ,
               27.
               their
               Oath
               ,
               29.
               and
               jurisdiction
               ,
               31.
               and
               power
               .
               142
            
             
               
                 Magnum
                 Concilium
              
               ,
               or
               the
               grand
               Councel
               of
               Lords
               .
               28
            
             
               Crown
               intitled
               not
               by
               Discent
               ,
               
                 128
                 ,
                 277.
              
               but
               intailed
               ,
               128.
               vide
               188.
               
               Womanhood
               ,
               270.
               
               Coverture
               .
               273
            
             
               
                 Custos
                 Regni
              
               ,
               a
               formality
               of
               State
               under
               the
               Parliaments
               Order
               ,
               134.
               many
               times
               conferred
               upon
               Children
               ,
               137.
               and
               upon
               a
               Woman
               .
               252
            
          
        
         
           
             
               D.
               
            
             
               DElegates
               ,
               though
               named
               by
               the
               King
               ,
               yet
               by
               Authority
               of
               the
               Parliament
               .
               227
            
             
               
                 Defender
                 of
                 the
                 Faith
                 ,
                 213
              
            
             
               Dispensations
               ,
               Licenses
               and
               Faculties
               ,
               never
               in
               the
               Crown
               ,
               but
               by
               the
               Parliament
               given
               to
               the
               Archbishop
               under
               Limitations
               .
               
                 234
                 ,
                 238
              
            
             
               Duels
               ,
               ordered
               by
               the
               Martiall
               as
               Subservient
               to
               the
               Common
               Law.
               108
            
          
        
         
           
             
               E.
               
            
             
               EDward
               the
               third
               his
               Reign
               ,
               3.
               his
               Title
               upon
               Entry
               by
               Election
               .
               ibid.
               
            
             
               Edward
               the
               fourth
               his
               Reign
               ,
               though
               had
               Title
               of
               Inheritance
               ,
               yet
               entred
               by
               Election
               .
               181
            
             
               Edward
               the
               fifth
               approached
               the
               Crown
               by
               Inheritance
               ,
               but
               never
               put
               it
               on
               .
               184
            
             
               Edward
               the
               sixth
               his
               Reign
               ,
               his
               Title
               ,
               and
               Possession
               did
               meet
               ,
               though
               he
               was
               a
               Childe
               ,
               and
               his
               Sister
               Mary
               grown
               in
               age
               .
               259
            
             
               
                 Ecclesiastical
                 power
              
               ,
               vide
               Prelacy
               and
               Prelates
               .
            
             
               
               Elizabeth
               Queen
               ,
               her
               Reign
               ,
               264.
               her
               Title
               by
               Election
               .
               278
            
             
               Englishire
               taken
               away
               .
               95
            
             
               Episcopacy
               ,
               vide
               Prelates
               and
               Prelacy
               .
            
             
               Errors
               ,
               vide
               Heresie
               .
            
             
               Exchange
               ordered
               by
               the
               statute
               .
               75
            
             
               
                 Excommunication
                 ,
                 271.
              
               the
               Writ
               
                 de
                 excommunicato
                 capiendo
              
               ordered
               ,
               289.
               vide
               
                 Parliament
                 exportation
                 .
                 72
              
            
          
        
         
           
             
               F.
               
            
             
               
                 FAlse
                 News
              
               punished
               .
               112
            
             
               Felony
               by
               riding
               in
               armed
               Troops
               .
               
                 95
                 ,
                 113
                 ,
                 172
                 ,
                 257
                 ,
                 299
              
            
             
               First-fruits
               regulated
               ,
               153.
               taken
               away
               from
               
                 Rome
                 .
                 222
              
            
             
               
                 Forcible
                 Entries
                 .
                 173
              
            
             
               
                 Forts
                 ,
                 Fortificacations
              
               ,
               and
               Castles
               ,
               ordered
               by
               Parliament
               .
               
                 252
                 ,
                 295
              
            
          
        
         
           
             
               G.
               
            
             
               GAol-delivery
               by
               the
               Judges
               of
               the
               Benches
               ,
               
                 92
                 ,
                 165.
              
               vide
               Judges
               .
            
             
               Gaols
               regulated
               .
               
                 113
                 ,
                 254
              
            
             
               
                 Guard
                 for
                 the
                 Kings
                 Person
              
               brought
               in
               by
               Henry
               the
               seventh
               .
               195
            
             
               Gipsies
               made
               Felons
               .
               299
            
          
        
         
           
             
               H.
               
            
             
               HEnry
               the
               fourth
               his
               Reign
               ,
               doubtfull
               in
               his
               Title
               ,
               but
               rested
               upon
               Election
               ,
               chosen
               by
               Parliament
               ,
               sitting
               when
               there
               was
               no
               King.
               116
               ,
               &c.
               
            
             
               Henry
               the
               fifth
               his
               Reign
               ,
               his
               Title
               by
               an
               Intail
               ,
               by
               the
               Parliament
               .
               119
               ,
               &c.
               
            
             
               Henry
               the
               sixth
               his
               Reign
               ,
               his
               Title
               by
               the
               Intail
               last
               mentioned
               ,
               though
               a
               Childe
               ,
               he
               is
               admitted
               to
               the
               Crown
               .
               123
               ,
               &c.
               
            
             
               Henry
               the
               seventh
               first
               settled
               a
               constant
               Guard
               ,
               his
               sixfold
               Right
               to
               the
               Crown
               ,
               and
               his
               gaining
               Prerogative
               in
               the
               Person
               and
               Estates
               of
               the
               People
               ,
               
                 ibid.
                 194
              
               ,
               &c.
               
            
             
               Henry
               the
               eighth
               his
               natural
               Endowments
               ,
               199
               ,
               &c.
               his
               power
               in
               the
               matters
               Ecclesiastical
               ,
               206
               ,
               &c.
               in
               Tempoporals
               .
               213
               ,
               &c.
               
            
          
        
         
           
             
               H.
               
            
             
               HEresie
               and
               Error
               in
               Doctrine
               under
               the
               cognisance
               of
               the
               Civil
               Magistrate
               ,
               
               
                 62
                 ,
                 156.
              
               not
               punishable
               by
               death
               by
               Law
               till
               Henry
               the
               eighths
               time
               ,
               
                 216
                 ,
                 236.
              
               the
               Writ
               
                 De
                 Heretico
                 comburendo
              
               hath
               no
               legal
               ground
               in
               any
               of
               those
               former
               Times
               ,
               
                 63
                 ,
                 158
                 ,
                 161
                 ,
                 216
                 ,
                 236.
                 
              
            
             
               Honors
               ,
               vide
               Parliament
               .
            
             
               Hospitals
               visited
               by
               the
               Prelacy
               .
               154
            
          
        
         
           
             
               I.
               
            
             
               
                 IMportation
                 .
                 70
              
            
             
               
                 Judges
                 of
                 Assize
                 .
                 165
                 ,
                 244
              
            
             
               Jurisdiction
               Ecclesiastical
               not
               originally
               in
               the
               Prelacy
               ,
               nor
               absolutely
               .
               235
            
             
               
                 Justices
                 of
                 the
                 Peace
              
               ,
               their
               residency
               and
               quality
               ,
               their
               number
               various
               ,
               their
               work
               also
               ,
               
                 109
                 ,
                 171.
              
               one
               Justice
               ,
               112.
               and
               the
               settling
               of
               their
               Sessions
               ,
               ibid.
               their
               power
               to
               take
               Bail.
               254
            
          
        
         
           
             
               K.
               
            
             
               KIngs
               ,
               vide
               Parliament
               ,
               Allegiance
               ,
               Supremacy
               ,
               Militia
               .
            
          
        
         
           
             
               L.
               
            
             
               LAbourers
               ,
               their
               Work
               and
               Wages
               ,
               70.
               ordered
               by
               the
               Justices
               of
               the
               Peace
               .
               110
            
             
               Lancaster
               ,
               the
               Princes
               of
               that
               House
               freinds
               to
               the
               Clergy
               in
               policy
               .
               146
            
             
               Laws
               made
               by
               the
               Successors
               of
               Henry
               the
               eighth
               ,
               during
               their
               minority
               annulled
               ,
               217.
               
               Ecclesiastical
               Laws
               ,
               
                 vide
                 Parliament
              
               .
            
             
               
                 Leiges
                 by
                 Birth
              
               ,
               though
               not
               born
               within
               the
               Allegiance
               of
               
                 England
                 .
                 97
              
            
             
               Liveries
               and
               Tokens
               inhibited
               to
               the
               Lords
               ,
               
                 112
                 ,
                 177.
              
               and
               limited
               in
               the
               Kings
               person
               ,
               177.
               means
               of
               jealousie
               between
               the
               King
               and
               his
               People
               .
               244
            
             
               Libels
               in
               the
               Spiritual
               Court
               to
               be
               delivered
               in
               Copies
               upon
               demand
               .
               154
            
             
               Licenses
               ,
               vide
               Dispensations
               .
            
             
               Lords
               ,
               their
               power
               and
               jurisdiction
               in
               the
               Parliament
               ,
               23.
               in
               Councel
               .
               
                 29
                 ,
                 242
              
            
             
               Lunacy
               ,
               no
               impediment
               in
               Triall
               of
               Treason
               .
               258
            
          
        
         
           
           
             
               M.
               
            
             
               MAry
               Queen
               ,
               her
               Reign
               ,
               261.
               her
               Title
               by
               Election
               ,
               278.
               she
               prejudiced
               her
               Supremacy
               by
               Marriage
               .
               275
            
             
               Marque
               and
               Reprisal
               .
               279
            
             
               
                 Martials
                 Court.
                 107
              
            
             
               
                 Matrimonial
                 Causes
              
               after
               the
               Reformation
               by
               Henry
               the
               eighth
               ,
               in
               the
               Cognisance
               of
               the
               Clergie
               by
               leave
               .
               238
            
             
               
                 Militia
                 ,
                 98
                 ,
                 175
                 ,
                 245
                 ,
                 290
              
               vide
               War.
               
            
             
               
                 Mint
                 ,
                 74
                 ,
                 142.
              
               vide
               Parliament
               .
            
             
               Monastries
               dissolved
               ,
               220
               maintained
               by
               Henry
               the
               fourth
               .
               147
            
             
               Money
               out
               of
               England
               to
               Rome
               stopped
               .
               54
            
          
        
         
           
             
               N.
               
            
             
               
                 NAvy
                 Royall
              
               ,
               as
               Forts
               for
               the
               publique
               safety
               maintained
               at
               the
               publique
               charge
               .
               253
            
             
               
                 Nisi
                 prius
                 .
                 167
              
            
             
               
                 Non-residency
                 .
                 238
              
            
             
               
                 Noble
                 Ladies
              
               Triall
               .
               174
            
          
        
         
           
             
               O.
               
            
             
               OYer
               &
               
                 Terminer
                 .
                 92
                 ,
                 165
              
            
             
               Ordinary
               not
               to
               be
               questioned
               in
               the
               Civil
               Courts
               for
               things
               under
               Ecclesiastical
               jurisdiction
               ,
               
                 47
                 ,
                 49.
              
               hath
               Cognisances
               ,
               of
               Vsury
               ,
               47.
               of
               Avoidances
               ,
               Bigamy
               ,
               and
               Bastardy
               ,
               48.
               grant
               Administration
               ,
               51.
               visit
               Hospitals
               ,
               and
               call
               Executors
               to
               account
               ,
               154.
               hath
               power
               to
               fine
               and
               imprison
               ,
               
                 157
                 ,
                 239.
              
               to
               keep
               Courts
               ,
               but
               the
               Authority
               doubtfull
               ,
               235.
               have
               Cognisance
               of
               the
               Heresie
               
                 156
                 ,
                 236.
              
               
               Matrimony
               ,
               Non-residency
               ,
               236.
               
               In
               Queen
               Elizabeths
               time
               their
               jurisdiction
               left
               in
               doubt
               ,
               
                 286
                 ,
                 &c.
              
               
            
             
               
                 Oath
                 ex
                 Officio
              
               first
               brought
               in
               by
               the
               Church-men
               in
               matters
               Ecclesiastical
               ,
               157.
               afterwards
               by
               the
               Parliament
               into
               the
               Star-chamber
               ,
               in
               cases
               criminal
               .
               244
            
          
        
         
           
             
               P.
               
            
             
               PArdon
               of
               Crimes
               not
               absolutely
               in
               the
               King.
               19
            
             
               Parliament
               without
               the
               King
               consisting
               of
               three
               States
               ,
               117.
               without
               the
               Clergie
               .
               58
            
             
               
               Parliaments
               power
               in
               ordering
               of
               the
               Crown
               ,
               
                 127
                 ,
                 228
                 ;
                 277
              
            
             
               In
               ordering
               the
               Kings
               Person
               by
               Protectors
               ,
               14.
               vide
               Protector
               .
            
             
               In
               ordering
               their
               children
               .
            
             
               In
               ordering
               their
               Family
               .
               
                 15
                 ,
                 129
              
            
             
               In
               ordering
               their
               Revenues
               .
               
                 16
                 ,
                 129
                 ,
                 115
              
            
             
               In
               ordering
               their
               Councel
               .
               141
            
             
               In
               the
               Militia
               ,
               vide
               Militia
               and
               War.
               
            
             
               In
               conferring
               places
               of
               Honor
               and
               Trust
               .
               
                 20
                 ,
                 39
              
            
             
               In
               ordering
               the
               Mint
               ,
               vide
               Mint
               .
            
             
               In
               making
               Ecclesiastical
               Laws
               .
            
             
               Concerning
               Church-Government
               .
               
                 224
                 ,
                 &c.
                 208
                 ,
                 281
              
            
             
               Concerning
               Doctrine
               .
               
                 211
                 ,
                 224
                 ,
                 236
                 ,
                 &c.
                 
              
            
             
               Concerning
               Worship
               .
               224
            
             
               Concerning
               Church-censures
               -
               240
            
             
               In
               granting
               Licenses
               and
               Dispensations
               .
               234
            
             
               In
               final
               Appeals
               .
               227
            
             
               In
               ordering
               it self
               .
               
                 24
                 ,
                 130
              
            
             
               In
               judicature
               .
               
                 25
                 ,
                 190
              
            
             
               Parliament
               not
               inconstant
               ,
               though
               mutable
               .
               188
            
             
               Peace
               ,
               Justices
               and
               their
               Sessions
               .
               
                 109
                 ,
                 &c.
                 170
                 ,
                 &c.
                 253
                 ,
                 &c.
                 297
                 ,
                 &c.
                 
              
            
             
               
                 Penal
                 Laws
              
               executed
               to
               get
               money
               .
               
                 184
                 ,
                 196
              
            
             
               Pleadings
               in
               
                 English
                 .
                 98
              
            
             
               
                 Popes
                 power
              
               in
               England
               abated
               ,
               
                 56
                 ,
                 &c.
              
               vide
               
                 Ordinary
                 ,
                 Supremacy
                 ,
                 Arch-bishop
              
               .
            
             
               Prelacy
               not
               favoured
               by
               the
               Canon
               ,
               239.
               their
               power
               since
               the
               time
               of
               Queen
               
                 Mary
                 ,
                 283.
              
               their
               dignity
               and
               power
               distinguished
               .
               
                 46
                 ,
                 58
              
            
             
               
                 Preists
                 Wages
                 .
                 70
                 ,
                 155
              
            
             
               Praemunire
               and
               
                 Provisors
                 .
                 54
                 ,
                 58
                 ,
                 &c.
                 151
              
            
             
               Proclamations
               made
               equal
               to
               Laws
               ,
               214.
               altered
               ,
               269.
               
            
             
               Protectors
               ,
               variety
               of
               them
               makes
               a
               doubtfull
               Government
               .
               
                 4
                 ,
                 8
                 ,
                 123
              
            
             
               Purveyance
               regulated
               .
               
                 53
                 ,
                 65
              
            
          
        
         
           
             
               R.
               
            
             
               RAvishment
               consented
               to
               ,
               forfeits
               Jointure
               .
               96
            
             
               
                 Requests
                 Court
              
               established
               by
               Cardinal
               
                 Woolsey
                 .
                 241
              
            
             
               Richard
               the
               second
               his
               Reign
               ,
               6.
               endeavours
               to
               over-rule
               the
               Parliament
               ,
               but
               failed
               in
               the
               Conclusion
               .
               11
            
             
               Richard
               the
               thirds
               Reign
               ,
               184.
               his
               Title
               by
               Vsurpation
               ,
               and
               Murder
               .
               ibid.
               
            
             
               
                 Riots
                 .
                 173
              
            
          
        
         
           
           
             
               S.
               
            
             
               SAnctuaries
               changed
               into
               fewer
               priviledged
               places
               .
               257
            
             
               
                 Servants
                 imbesselling
              
               Felony
               .
               
                 258
                 ,
                 299
              
            
             
               
                 Sheriffs
                 Courts
              
               regulated
               ,
               254.
               
               Election
               of
               Sheriffs
               ,
               93.
               
               Farm
               of
               the
               County
               ,
               168.
               continuance
               in
               service
               ,
               ibid.
               Extortion
               .
               ibid.
               
            
             
               Souldiers
               ,
               vide
               War.
               
            
             
               
                 Staple
                 .
                 ●72
                 ,
                 &c.
                 ●90
              
            
             
               
                 Star-chamber
                 .
                 31
                 ,
                 &c.
                 242
              
            
             
               Stealers
               of
               Men
               and
               Women
               Felony
               .
               299
            
             
               Supremacy
               ,
               supreme
               Head
               ,
               206.
               certainly
               not
               absolute
               or
               arbitrary
               power
               ,
               nor
               a
               Legislative
               power
               ,
               
                 208
                 ,
                 &c.
              
               
               Supreme
               Governour
               ,
               270.
               in
               causes
               Ecclesiastical
               ,
               
                 270
                 ,
                 &c.
              
               in
               Temporal
               .
               ibid.
               
            
          
        
         
           
             
               T.
               
            
             
               TEnths
               and
               first-fruits
               .
               222
            
             
               
                 Torniament
                 .
                 108
              
            
             
               Tonnage
               and
               
                 Poundage
                 .
                 189
              
            
             
               
                 Trade
                 .
                 64
                 ,
                 190
              
            
             
               
                 Treason
                 ,
                 76.
              
               &c.
               By
               thoughts
               ,
               by
               marriage
               ,
               and
               counterfeiture
               ,
               
                 255
                 ,
                 256.
              
               tryed
               where
               the
               King
               will
               ,
               
                 258.
                 
                 Petty
                 Treason
                 ,
                 94.
                 
              
            
          
        
         
           
             
               W.
               
            
             
               WAles
               subdued
               by
               Henry
               the
               fourth
               ,
               118.
               
               Vnited
               to
               the
               English
               Crowne
               by
               Henry
               the
               eighth
               .
               241
            
             
               Warr
               by
               advice
               of
               Parliament
               ,
               
                 98
                 ,
                 175.
              
               
               Levying
               of
               men
               ,
               
                 101
                 ,
                 176
                 ,
                 248
                 ,
                 290.
                 
                 Jurati
                 &
                 obligati
                 ad
                 arma
                 ,
              
               taken
               away
               ,
               100.
               
               Arming
               of
               men
               ,
               
                 100
                 ,
                 290.
              
               
               Conduct
               to
               their
               Rendezvous
               ,
               101.
               
               Runing
               from
               their
               Colours
               ,
               
                 101
                 ,
                 180
                 ,
                 296.
              
               
               Plunder
               satisfied
               ,
               101.
               
               Their
               pay
               ,
               
                 176.251
                 ,
                 296.
              
               
               Offensive
               and
               defensive
               ,
               291.
               
            
             
               Watches
               ,
               inquired
               into
               by
               Justices
               of
               the
               Peace
               ,
               173.
               
            
             
               
                 Wickleif
                 ,
                 60.
              
               
            
             
               Wills
               probate
               ,
               154.
               
            
             
               Witchcraft
               made
               Felony
               ,
               
                 257
                 ,
                 299.
              
               
            
          
        
         
           FINIS
           .
        
      
       
         Notes, typically marginal, from the original text
         
           Notes for div A28585-e1500
           
             Pag.
             126.
             
          
           
             
               Concil
               .
               Britt
            
             .
             Pag.
             212.
             
          
           
             Ibid.
             pa.
             194.
             
          
           
             Ibid.
             pa.
             242.245
             .
          
           
             Pag.
             219.
             
          
           
             Pag.
             300.
             
          
           
             Pag.
             321.
             
          
           
             
               Concil
               .
               Brit.
            
             Pag.
             328.
             
          
           
             
               Concil
               .
               Brit.
            
             Pag.
             334.
             
          
           
             
               Concil
               .
               Brit.
            
             Pag.
             350.
             
          
           
             
               Concil
               .
               Brit.
            
             Pag.
             480.
             
          
           
             
               Concil
               .
               Britt
               ▪
            
             Pag.
             490.
             
          
           
             Pag.
             534.
             
          
           
             Pag.
             621.
             
          
           
             Pag.
             23.
             
          
           
             Mr.
             Seldens
             Title
             of
             Honor.
             
          
           
             
               Tit.
               Honor
            
             ,
             Pag.
             703.
             
          
           
             
               Tit.
               Honor
            
             ,
             Pag.
             703.
             
          
           
             Littlet
             .
             lib.
             2.
             cap.
             3.
             
          
           
             Britt
             .
             Pa.
             122.
             
          
        
         
           Notes for div A28585-e3950
           
             Antiq.
             Brit.
             
          
           
             Rich.
             2.
             
          
           
             The.
             lib.
             4.
             
             Cap.
             21.
             
          
           
             Hist
             .
             Eccles
             .
             Ang.
             
          
           
             Antiq.
             Brit.
             ●62
             .
          
           
             11.
             
             Rich.
             2.
             n.
             8.13
             .
          
           
             21.
             
             Rich.
             2.
             cap.
             9.
             
          
           
             21.
             
             Rich.
             2.
             cap.
             3.
             
          
           
             1
             E.
             3.
             
             Stat.
             1.
             
          
           
             9
             Rich.
             2.
             n.
             31.
             11
             
             Rich.
             2.
             n.
             23.
             
          
           
             5
             Rich.
             2.
             n.
             17
             ,
             18.
             
          
           
             2
             Kich
             .
             2.
             n.
             12.
             9
             
             Rich.
             2.
             n.
             4.
             or
             .
             41.
             14
             
             E.
             3.
             n.
             6.
             27
             
             E.
             3.
             n.
             8.
             9
             
             R.
             2.
             n.
             40.
             15
             
             E.
             3.
             n.
             16.
             
          
           
             14
             E.
             3.
             cap.
             20.
             
          
           
             25
             E.
             3.
             n.
             16.
             
          
           
             1
             E.
             3.
             vet
             .
             1.
             
          
           
             1
             Rich.
             2.
             n.
             48.
             
          
           
             25
             E.
             3.
             
             Provisor
             .
          
           
             21
             E.
             3.
             n.
             64.
             3
             
             Rich.
             2.
             n.
             83.
             2
             
             Rich.
             2.
             n.
             38.
             
          
           
             15
             E.
             3.
             n.
             6
             ,
             7.
             
          
           
             1.
             
             E.
             3.
             
             Ver.
             1.
             15
             
             E.
             3.
             cap.
             3.
             11
             
             Rich.
             2.
             n.
             11.12.15.17
             .
          
           
             5
             Rich.
             2.
             n.
             8.12.13
             .
          
           
             10.
             
             E.
             3.
             cap.
             2.
             14
             
             E.
             3.
             c.
             15.
             2
             
             E.
             3.
             cap.
             2.
             
          
           
             13
             Rich.
             2.
             
             Sr.
             2.
             cap.
             1.
             
          
           
             11
             Rich.
             2.
             n.
             3.6
             .
             21
             Rich.
             2.
             n.
             35.
             
          
           
             14
             E.
             3.
             n.
             55.
             
          
           
             50
             E.
             3.
             n.
             10.
             1
             
             Rich.
             2.
             n.
             5●
             
          
           
             3
             Rich.
             2.
             n.
             34.
             5
             
             Rich.
             2.
             n.
             17
             ,
             18.28
             .
             6
             Rich.
             2.
             n.
             19.
             
          
           
             37
             E.
             3.
             n.
             34.
             1
             
             Rich.
             2.
             n.
             5.
             5
             
             Rich.
             2.
             n.
             75.
             
          
           
             15
             E.
             3.
             c.
             3.
             
          
           
             Antiq.
             Britt
             .
             Eccles
             .
          
           
             15
             E.
             3.50
             .
          
           
             15
             E.
             3.
             c.
             1.
             15
             
             E.
             3.
             c.
             3
             ,
             4.
             
          
           
             14
             E.
             3.
             cap.
             5.
             
          
           
             Walsing
             :
             An.
             1315.
             
          
           
             4
             E.
             3.
             cap.
             14.
             
          
           
             36
             E.
             3.
             c.
             10.
             
          
           
             1
             Rich.
             2.
             c.
             4.
             
          
           
             12
             Rich.
             2.
             cap.
             12.
             
          
           
             16.
             
             E.
             3.
             
             Memb.
             5.
             
               in
               Dors
            
             .
          
           
             27
             E.
             3.
             
             Stat.
             2
             28
             E.
             3.
             cap.
             13.
             
          
           
             Mag.
             Cart.
             Vet.
             
          
           
             20.
             
             
               Ass
               .
               pl.
            
             52.
             
          
           
             41
             E.
             3.
             
             
               Rat.
               Clau●
            
             .
          
           
             16
             Rich.
             2.
             
             Memb.
             11.
             
               in
               Dors
            
             .
          
           
             Fleta
             ,
             li.
             2.
             cap.
             34.
             
          
           
             38
             E.
             3.
             
             
               Rot.
               Pat.
               Ps
            
             .
             1.
             
             Memb.
             13.
             39
             
             E.
             3.
             
             Ps
             .
             1.
             
             M.
             13.42
             .
             E.
             3.
             
             
               Rot.
               claus
               .
               Memb.
            
             8.
             
               in
               Dors
            
             .
             2
             Rich.
             2.
             
             
               Rot.
               Pat.
               Ps
            
             .
             1.
             12
             
             Rich.
             2.
             cap.
             ●
             .
             43
             .
             
               Ass
               .
               pl.
            
             38.
             
          
           
             
               Co.
               Instit
            
             .
             4.
             c.
             5.
             22
             
             
               Ass
               .
               pl.
            
             75.
             
          
           
             13
             Rich.
             2.12
             .
             Tit.
             Prohibition
             .
          
           
             5
             E.
             3.
             cap.
             9.
             
          
           
             37
             E.
             3.
             c.
             17.
             
          
           
             25
             E.
             3.
             c.
             4
             ,
             5.
             42
             
             E.
             3.
             c.
             3.
             
             &
             4.
             
          
           
             1
             Rich.
             2.
             n.
             87.
             
          
           
             
               Fabian
               .
               Vit.
            
             Hen.
             3.
             ann
             .
             1141.
             
          
           
             43.
             
             
               Ass
               .
               pl.
            
             38.
             
          
           
             43.
             
             
               Ass
               .
               pl.
            
             38.
             
          
           
             Miror
             .
             cap.
             4.
             
             Sect.
             2.
             
             Fleta
             .
             lib.
             2.
             cap.
             13.
             
          
           
             Fleta
             ,
             lib.
             2.
             cap.
             13.
             
             Sect.
             8.
             
          
           
             Instit
             .
             4.
             c.
             8.
             fol.
             78.
             
          
           
             4
             E.
             3.
             cap.
             12.
             9
             
             E.
             3.
             cap.
             1.
             14
             
             E.
             3.
             cap.
             5.
             
          
           
             27
             E.
             3.
             cap.
             26.
             36.
             
             E.
             3.
             c.
             9.
             &
             cap.
             13.
             
          
           
             12
             Rich.
             2.
             c.
             12.
             27
             
             E.
             3.
             c.
             24.
             
          
           
             22
             
               Ass
               .
               pl.
            
             25.
             
          
           
             
               Bro.
               scire
               fac
            
             .
             154.
             24
             
             E.
             3.73
             .
          
           
             43
             
               Ass
               .
               pl.
            
             32.
             24
             ,
             E.
             3.
             pl.
             35.
             39
             
             E.
             3.
             fo
             .
             14.
             21
             
             E.
             3.
             fo
             .
             47.
             
          
           
             43.
             
             
               Ass
               .
               pl.
            
             35.
             
          
           
             37
             E.
             3.
             cap.
             27.
             
          
           
             38
             Ed.
             3.
             c.
             9.
             
          
           
             17
             Rich.
             2.
             cap.
             6.
             
          
           
             43
             
               Ass
               .
               pl.
            
             32.
             
          
           
             15
             E.
             3.
             n.
             10.15
             .
             15
             E.
             3.
             c.
             3.
             10
             
             Rich.
             2.
             n.
             16.10
             .
          
           
             Instit
             .
             4.
             cap.
             22.
             fol.
             142.
             
             &
             144.
             
          
           
             Gloss
             .
             fol.
             16.
             
          
           
             15
             Rich.
             2.
             c.
             3.
             
             Dier
             .
             15.
             
             &
             16.
             
             
               El.
               mic
               .
               pl.
            
             2.
             8
             
             E.
             3.
             
             Coronn
             .
             199.
             
          
           
             13
             Rich.
             2.
             cap.
             5.
             
          
           
             15
             Rich.
             2.
             cap.
             5.
             
          
           
             25
             Rich.
             2.
             cap.
             3.
             
          
           
             2
             Rich.
             2.
             cap.
             4.
             
          
           
             25
             E.
             3.
             
             Stat.
             6.
             
          
           
             15
             E.
             3.
             cap.
             6.
             
          
           
             22
             
               Ass
               .
               pl.
            
             70.
             45
             
             E.
             3.24
             .
             
               Fus
               .
               consultat
            
             .
             5.
             
          
           
             31
             E.
             cap.
             4.
             
          
           
             25
             E.
             3.
             
             Stat.
             3.
             cap.
             9.
             
          
           
             15
             E.
             3.
             c.
             5.
             
          
           
             
               Miror
               .
               Just
               .
               cap.
            
             5.
             
             Sect.
             1.
             51
             
             H.
             3.
             
               petit
               .
               cleri
               .
               Artic.
            
             16.
             50
             
             E.
             3.
             n.
             158.
             6
             
             Rich.
             2.
             n.
             57.
             14
             
             Rich.
             2.
             n.
             24.
             
             Instit
             .
             3.
             cap.
             70.
             6
             
             Ed.
             3.
             
               coram
               Rege
               ,
               Rot.
            
             130.
             
             Porff
             .
          
           
             25
             E.
             3.
             c.
             8.
             
               pro
               clero
            
             .
             ●8
             E.
             3.
             cap.
             2.
             
             ●5
             E.
             3.
             
             St.
             2.
             9
             
             Rich.
             2.
             c.
             4.
             
          
           
             Bro.
             quar
             .
             imp
             .
             85.
             
          
           
             8
             E.
             3.
             8.
             
          
           
             18
             E.
             3.
             cap.
             1.
             
          
           
             14
             E.
             3.
             cap.
             2.
             
          
           
             25
             E.
             3.
             c.
             6.
             
          
           
             44
             E.
             3.
             fol.
             35
             ,
             36.
             
             
               Per
               Thorpe
            
             .
             7
             H.
             4.
             fol.
             41.
             
             
               Per
               Gascoigne
            
             .
          
           
             31
             E.
             3.
             c.
             11.
             
          
           
             West
             .
             2.
             cap.
             19.
             
          
           
             5
             E.
             3.
             c.
             5.
             
          
           
             1
             Rich.
             2.
             c.
             15
             
          
           
             14
             E.
             3.
             
             Stat.
             3.
             cap.
             1.
             
          
           
             Westm
             .
             1.
             cap.
             1.
             
             Stat.
             de
             prisis
             .
          
           
             1
             Rich.
             2.
             c.
             3.
             
          
           
             4
             E.
             3.
             cap.
             6.
             5
             
             E.
             3.
             cap.
             3.
             
          
           
             
               Rot.
               Parl.
            
             10.
             
             E.
             3.
             
             
               Arch.
               Reg.
            
             18
             E.
             3.
             tit
             .
             38.
             
             Fox
             .
             388
             ,
             25
             E.
             3.
             
             Stat.
             5.
             cap
             -
             22.
             
             
               Fox
               .
               Sect.
            
             1.
             
          
           
             27
             E.
             3.
             c.
             1.
             
          
           
             Antiq.
             Brit.
             Eccles
             .
             247.
             
          
           
             21
             E.
             3.
             fol.
             40
             
          
           
             38
             E.
             3.
             cap.
             1.
             
          
           
             
               Rot.
               Parl.
            
             51.
             
             E.
             3.
             tit
             .
             35.
             
          
           
             3
             Rich.
             2.
             c.
             3.
             
          
           
             7
             Rich.
             2.
             cap.
             13.
             12
             
             Rich.
             2.
             cap.
             15.
             
          
           
             13
             Rich.
             2.
             
             Stat.
             cap.
             21.
             
          
           
             16
             Rich.
             2.
             cap.
             5.
             
          
           
             Antiq.
             Brit.
             
          
           
             2
             Rich.
             2.
             cap.
             7.
             
          
           
             Antiq.
             Brit.
             272.
             
          
           
             15
             E.
             3.
             
             St.
             3.
             cap.
             6.
             
          
           
             Antiq.
             Brit.
             23.
             
             Co.
             
          
           
             25
             E.
             3.
             
             
               R●t
               .
               Palm
            
             .
             22.
             n.
             15
             
          
           
             51
             E.
             3.
             n.
             46.47
             .
          
           
             Antiq.
             Brit.
             
          
           
             5
             Rich.
             2.
             
             Stat.
             2.
             c.
             5.
             
          
           
             6
             Rich.
             2.
             
             Artic.
             52.
             
          
           
             4
             E.
             3.
             cap.
             4.
             14
             
             E.
             3.
             c.
             19.
             34
             
             E.
             3.
             cap.
             2.
             36
             
             E.
             3.
             cap.
             2.5
             ,
             6.
             
          
           
             14
             E.
             3.
             cap.
             1.
             24
             
             E.
             3.
             cap.
             6.
             
             &
             15.
             4
             
             E.
             3.
             cap.
             4.
             14
             
             E.
             3.
             c.
             19.
             36
             
             E.
             3.
             c.
             3.
             4
             
             E
             3.
             cap.
             3.
             28
             
             E.
             3.
             c.
             12.
             
          
           
             36
             E.
             3.
             cap.
             2.
             
          
           
             5
             E.
             3.
             c.
             6.
             
          
           
             25
             E.
             3.
             c.
             11.
             
          
           
             2
             E.
             3.
             cap.
             9.
             
          
           
             27
             E.
             3.
             cap.
             3.
             
          
           
             11
             E.
             3.
             cap.
             2.3
             ,
             5.
             
          
           
             31
             E.
             3.
             c.
             8.
             
          
           
             43
             E.
             3.
             cap.
             1.
             
          
           
             11
             E.
             3.
             c.
             2
             ,
             3.
             
          
           
             27
             E.
             3.
             c.
             4.
             7
             
             Rich.
             2.
             c.
             9.
             17
             
             Rich.
             2.
             cap.
             2.
             50
             
             E.
             3.
             c.
             7.
             
          
           
             36
             E.
             3.
             c.
             8.
             
          
           
             23.
             
             &
             25.
             
             E.
             3.
             2
             
             Rich.
             2.
             c.
             8.
             
          
           
             27
             E.
             3.
             
          
           
             27
             E.
             3.
             43
             
             E.
             3.
             c.
             1.
             5
             
             Rich.
             2.
             c.
             3.
             6
             
             Rich.
             2.
             c.
             8.
             14
             
             Rich.
             2.
             c.
             5
             
          
           
             31
             E.
             3.
             c.
             8.
             
          
           
             43
             E.
             3.
             cap.
             1.
             12
             
             Rich.
             2.
             cap.
             16.
             14
             
             Rich.
             2.
             cap.
             11.
             
          
           
             25
             E.
             3.
             
             Stat.
             5
             cap.
             13.
             6
             
             E.
             3.
             cap.
             2.
             
             &
             3.
             
          
           
             6
             E.
             3.
             c.
             2
             ,
             3.
             17
             
             Rich.
             2.
             cap.
             1.
             
          
           
             27
             E.
             3.
             
          
           
             18
             E.
             3.
             c.
             6.
             
          
           
             18
             E.
             3.
             cap.
             6.
             25
             
             E.
             3.
             
             Stat.
             5.
             cap.
             12.
             
          
           
             Cic.
             partit
             .
             Orat.
             
          
           
             Si
             quis
             majestatem
             populi
             Romani
             minuisset
             ,
             
               Tacit.
               an
               .
               1.
            
             
          
           
             25
             E.
             3.
             
             Stat
             5.
             cap.
             2.
             
          
           
             17
             R.
             2.
             n.
             20
             ,
             21.
             3
             
             R.
             2.
             n.
             18.
             22
             
             
               Ass
               .
               pl.
            
             29.
             
             Stat.
             11
             R.
             2.
             
          
           
             11.
             
             
               Co.
               fo
            
             .
             88.
             8.
             
             
               Co.
               fo
            
             .
             20.
             4.
             
             
               Co.
               fo
            
             .
             35.
             7.
             
             
               Co.
               fo
            
             .
             36.
             
          
           
             35
             H.
             6.63
             .
          
           
             Act.
             14.19
             .
          
           
             14
             E.
             3.
             
             Stat.
             4
             
          
           
             2
             E.
             3.
             cap.
             2.
             
             &
             7.
             
          
           
             4
             E.
             3.
             cap.
             12.
             
             &
             15.
             
          
           
             2
             E.
             3.
             cap.
             4.
             4
             
             E.
             3.
             cap.
             4.
             
          
           
             1
             R.
             2.
             cap.
             1●
             .
          
           
             28
             E.
             3.
             cap.
             6.
             
          
           
             14
             E.
             3.
             cap.
             7.
             
          
           
             14
             E.
             3.
             n.
             33.
             
          
           
             
               Mirror
               Just
            
             .
             cap.
             2.
             
             Sect.
             13.
             21
             
             E.
             3.
             fol.
             17.
             b.
             
          
           
             25
             E.
             3.
             c.
             2.
             
          
           
             14
             E.
             3.
             cap.
             4.
             
          
           
             6
             Rich.
             2.
             c.
             6.
             5
             
             E
             4.
             fol.
             58.
             
          
           
             17
             E.
             3.
             n.
             19.
             
          
           
             25
             E.
             3.
             
             Stat.
             2
             
          
           
             42
             E.
             3.
             c.
             10.
             
          
           
             36
             E.
             ●
             .
             c.
             15.
             
          
           
             13
             E.
             3.
             n.
             15
             ,
             17
             ,
             18
             ,
             37
             ,
             38.
             14
             
             E.
             3.
             n.
             14
             ,
             15
             ,
             16
             ,
             19
             ,
             42
             ,
             53.
             20
             
             E.
             3.
             n.
             14.
             
          
           
             1
             E.
             3.
             cap.
             15.
             
          
           
             4
             E.
             3.
             cap.
             5.
             
          
           
             1
             E.
             3.
             cap.
             5.
             
             Stat.
             2.
             
          
           
             25
             E.
             3.
             
             Stat.
             5.
             cap.
             8.
             
          
           
             Fol.
             418.
             
          
           
             
               Pat.
               Rot.
            
             3
             E.
             3.
             n.
             18.
             
             
               Regist
               .
               fol.
            
             192.
             a.
             
          
           
             4
             E.
             3.
             cap.
             5.
             
          
           
             50
             E.
             3.
             n.
             62.
             
          
           
             1
             E.
             3.
             cap.
             7.
             
          
           
             18
             E.
             3.
             cap.
             7.
             
          
           
             14
             E.
             3.
             
             Stat.
             2.
             cap.
             1.
             
          
           
             1
             E.
             3.
             
             Stat.
             2.
             cap.
             5.
             
          
           
             13.
             
             E.
             3.
             n.
             18.
             
          
           
             20
             E.
             3.
             n.
             14.
             
          
           
             1
             E.
             3.
             
             Stat.
             2.
             cap.
             5.
             
          
           
             Fol.
             422.
             
          
           
             Fol.
             7.
             b.
             
          
           
             11
             H.
             7.
             cap.
             1.
             2
             
             E.
             6.
             cap.
             2.
             
          
           
             7
             Hen.
             4.
             
             Protect
             .
             100.
             
          
           
             44
             E.
             3.
             fol.
             12
             12
             H.
             4.7
             .
             32
             H.
             6.
             fol.
             4.
             17
             
             H.
             6.
             
             Protect
             .
             19
             H.
             6.35
             .
          
           
             Bract.
             li.
             2.
             fol.
             36.
             
             &
             37
             ,
          
           
             13
             Rich.
             2.
             
             Stat.
             1.
             cap.
             20
             8
             Rich.
             2.
             n.
             31.
             8
             
             Rich.
             2.
             c.
             5.
             
             
               Regist
               .
               sol
            
             .
             191.2
             .
          
           
             50
             E.
             3.
             n.
             33.
             n.
             161.
             3
             
             R.
             2.
             n.
             27.
             
          
           
             Gloss
             .
             129.
             
          
           
             1
             E.
             3.
             cap.
             16.
             1.
             
             E.
             3.
             n.
             5.
             17
             
             E.
             3.
             n.
             m.
             1
             E.
             3.
             cap.
             6.
             18
             
             E.
             3.
             c.
             ●
             .
          
           
             34
             E.
             3.
             cap.
             1.
             
          
           
             12
             R.
             2.
             c.
             10.
             
          
           
             14
             R.
             2.
             c.
             12.
             
          
           
             2
             E.
             3.
             cap.
             3.
             4
             
             E.
             3.
             cap.
             2.
             8
             
             E.
             3.
             n.
             67.
             18
             
             E.
             3.
             cap.
             2.
             17
             
             R.
             2.
             c.
             10.
             
          
           
             25
             E.
             3.
             
             Stat.
             1.
             c.
             7.
             34
             
             E.
             3.
             c.
             11.
             
          
           
             42
             E.
             3.
             c.
             6.
             
          
           
             34
             E.
             3.
             c.
             5
             ,
             6.
             
          
           
             14
             R.
             2.
             c.
             12.
             
          
           
             13
             R.
             2.
             cap.
             8.
             cap.
             13.
             14
             
             R.
             2.
             cap.
             4.
             16
             
             R.
             2.
             cap.
             4.
             17
             
             R.
             2.
             cap.
             9.
             
          
           
             15
             R.
             2.
             cap.
             2.
             
          
           
             34
             E.
             3.
             cap.
             1.
             16
             
             R.
             2.
             cap.
             4.
             
          
           
             2
             R.
             2.
             cap.
             6.
             
          
           
             12
             R.
             2.
             c.
             11.
             
          
           
             ●
             R.
             2.
             cap.
             7.
             
          
           
             16
             R.
             2.
             cap.
             4.
             
          
           
             2
             E.
             3.
             cap.
             3.
             7
             
             R.
             2.
             c.
             13.
             20
             
             R.
             2.
             cap.
             1.
             
          
           
             13
             R.
             2.
             cap.
             15
             
          
           
             Walsing
             .
          
           
             2
             H.
             4.
             cap.
             12.
             4
             
             H.
             4.
             cap.
             26.32
             .
             &
             cap.
             19.20
             ,
             28.31
             .
          
           
             Hist
             .
             Eccles
             .
             Ang.
             618.
             
          
           
             Henry
             the
             Fifth
             .
          
           
             Antiq.
             Brit.
             
          
           
             Walsing
             .
          
           
             Antiq.
             Brit.
             285.
             
          
           
             Henry
             the
             Sixth
             .
          
           
             Comin
             .
             lib.
             1.
             cap.
             7.
             
          
           
             Comin
             .
             lib.
             3.
             cap.
             8.
             
          
           
             7
             H.
             4.
             cap.
             2.
             8
             
             H.
             4.
             n.
             38.
             
          
           
             39
             H.
             6.
             n.
             18.
             
          
           
             1
             H.
             6.
             n.
             12
             ,
             13
             
          
           
             6
             H.
             6.
             n.
             22.
             1
             
             H.
             6.
             n.
             2.4
             .
             9
             H.
             4.
             n.
             21.
             
          
           
             4
             H.
             6.
             n.
             15.
             
             Cir.
             3.
             
             &
             4.
             
             H.
             5.
             n.
             14.
             
          
           
             3
             H.
             6.
             n.
             19.
             1
             
             H.
             6.
             n.
             16.
             
             &
             4.
             
             H.
             6.
             8
             
             H.
             6.
             n.
             27.
             
          
           
             28
             H.
             6.
             n.
             51.
             23
             
             H.
             6.
             n.
             51
             ,
             52.
             17
             
             H.
             6.
             n.
             11.
             8
             
             H.
             4.
             n.
             71.
             
          
           
             7
             H.
             4.
             cap.
             15.
             
          
           
             23
             H.
             6.
             cap.
             15.
             
          
           
             11
             H.
             4.
             cap.
             1.
             8
             
             H.
             6.
             cap.
             7.
             23
             
             H.
             6.
             c.
             15.
             
          
           
             1
             H.
             5.
             cap.
             1.
             8
             
             H.
             6.
             cap.
             7.
             
          
           
             23
             Hen.
             6.
             cap.
             15.
             
          
           
             8
             H.
             6.
             cap.
             7.
             
          
           
             10
             H.
             6.
             cap.
             2.
             
          
           
             23
             H.
             6.
             c.
             15.
             
          
           
             23
             H.
             6.
             c.
             11.
             
          
           
             11
             H.
             6.
             c.
             11.
             
          
           
             
               Rot.
               Pat.
            
             24.
             
             E.
             1.
             m.
             4.
             
          
           
             
               Rot.
               Pat.
            
             1.
             
             E.
             2.
             m.
             2.
             
          
           
             
               Rot.
               Pat.
            
             4
             E.
             2.
             
             Ps
             .
             1.
             m.
             18.
             
          
           
             10
             Hen.
             5.
             p.
             1
             m.
             9.
             
          
           
             7
             Hen.
             5.
             m.
             23
             
          
           
             1
             Hen.
             6.
             p.
             2.
             m.
             3.
             
          
           
             32
             H.
             6.
             m.
             7.
             
          
           
             8
             H.
             5.
             cap.
             1.
             
          
           
             
               Rot.
               Pat.
            
             5.
             
             E.
             3.
             p.
             1.
             m.
             16.
             
          
           
             8
             H.
             6.
             n.
             2.
             
          
           
             
               Rot.
               Pat.
            
             32.
             
             Hen.
             6.
             m.
             7.
             
          
           
             5
             Hen.
             4.
             n.
             57
             8.
             n.
             31.
             11.
             n.
             44.
             2
             
             H.
             6.
             n.
             15
             ,
             16.
             31
             
             H.
             6.
             n.
             31.
             
          
           
             8.
             
             H
             6.
             n.
             8.12
             .
             14
             ,
             16.
             
          
           
             8.
             
             H
             4.
             n.
             76.
             
          
           
             1.
             
             H
             4.
             n.
             37.
             8.
             
             H.
             4.
             n.
             73.
             
          
           
             11.
             
             H
             4.
             n.
             14.39
             .
          
           
             1
             H.
             6.
             cap.
             1.
             9
             
             H.
             5.
             cap.
             6.
             
          
           
             17
             R.
             2.
             c.
             7.
             
          
           
             4
             H.
             6.
             cap.
             5.
             
          
           
             15
             H.
             6.
             cap.
             2.
             20
             
             H.
             6.
             c.
             6.
             
          
           
             23
             H.
             6.
             cap.
             5.
             
          
           
             18
             H.
             6.
             cap.
             3.
             
          
           
             31
             Hen.
             6.
             cap.
             2.
             
          
           
             13
             Hen.
             4.
             cap.
             7.
             
          
           
             Antiq.
             278.
             
          
           
             9
             H.
             4.
             cap.
             8.
             
          
           
             2
             H.
             4.
             c.
             3
             ,
             4.
             7
             
             H.
             4.
             cap.
             7
             ,
             8
             4
             H.
             5.
             cap.
             4.
             
          
           
             16
             Rich.
             2.
             cap.
             5.
             
             
               Antiq.
               Brit.
            
             
          
           
             Holl.
             
          
           
             8
             H.
             6.
             cap.
             2.
             
          
           
             4
             Instit
             .
             c.
             74.
             
          
           
             Mr.
             Will
             :
             Prynne
             .
          
           
             Antiq.
             Brit.
             
          
           
             6
             H.
             4.
             cap.
             1.
             
          
           
             2
             H.
             5.
             cap.
             1.
             
          
           
             3
             H.
             5.
             cap.
             8.
             
          
           
             2
             H.
             5.
             
             Stat.
             2.
             cap.
             1.
             
          
           
             3
             H.
             5.
             
             Stat.
             2.
             cap.
             8.
             
          
           
             2
             H.
             5.
             
             Stat.
             2
             cap.
             2.
             
          
           
             27
             H.
             6.
             cap.
             5.
             
          
           
             9
             H.
             6.
             cap.
             11.
             
          
           
             2
             H.
             4.
             cap.
             15.
             
          
           
             42
             E.
             3.
             cap.
             3.
             
          
           
             10
             H.
             7.
             fol.
             17.
             
          
           
             Otho
             de
             Jur.
             Jur.
             Calumn
             .
          
           
             Lind.
             de
             Jure
             Juran
             .
             2.
             
          
           
             Lind.
             lib.
             5.
             de
             Apostat
             .
          
           
             Lind.
             lib.
             5.
             de
             Heret
             .
             fol.
             159.
             
          
           
             8
             H.
             4.
             
          
           
             Antiq.
             Brit.
             273.
             
          
           
             Walsingham
             ,
             
               Ypo
               .
               Neustr
            
             .
             157.
             
          
           
             2
             H.
             5.
             cap.
             7.
             
          
           
             
               Fox
               Marturel
            
             .
             589.
             
          
           
             4
             H.
             4.
             cap.
             8.
             
          
           
             2
             H
             5.
             cap.
             6.
             
          
           
             29
             H.
             6.
             c.
             2.
             
          
           
             14
             H.
             6.
             cap.
             8.
             20
             
             H.
             6.
             cap.
             11.
             
          
           
             31
             H.
             6.
             cap.
             4.
             
          
           
             4
             H.
             4.
             cap.
             17.
             
          
           
             31
             H.
             6.
             cap.
             9.
             
          
           
             4
             H.
             4
             cap.
             8.
             13
             
             Hen.
             4.
             cap.
             7.
             2
             
             H.
             5.
             cap.
             9.
             
          
           
             2
             H.
             4.
             cap.
             11.
             
          
           
             2
             E.
             3.
             cap.
             2.
             
          
           
             34
             E.
             3.
             cap.
             1.
             
          
           
             11
             H.
             4.
             cap.
             1.
             
          
           
             2
             H.
             4.
             cap.
             21.
             13
             
             H.
             4.
             cap.
             3.
             
          
           
             8
             Hen.
             6.
             c.
             4.
             4
             
             Hen.
             5.
             c.
             7.
             
          
           
             8
             Hen.
             6.
             c.
             9.
             
          
           
             13
             Hen.
             4.
             c.
             2.
             
          
           
             50
             E.
             3.
             n.
             113
             8
             Rich.
             2.
             cap.
             2.
             
          
           
             Westm
             .
             2.
             c.
             30.
             
          
           
             12
             E.
             2.
             cap.
             3.
             
          
           
             14
             E.
             3.
             c.
             16.
             
          
           
             4
             E.
             3.
             cap.
             11.
             
          
           
             2
             E.
             3.
             cap.
             8.
             14
             
             E.
             3.
             c.
             14.
             20
             
             E.
             3.
             cap.
             1.
             8
             
             R.
             2.
             cap.
             3.
             9
             
             R.
             2.
             cap.
             1.
             
          
           
             1
             Hen.
             4.
             c.
             11.
             
          
           
             4
             Hen.
             5.
             c.
             2.
             
          
           
             4
             H.
             4.
             cap.
             5.
             
          
           
             1
             H.
             5.
             cap.
             4.
             
          
           
             9
             H.
             5.
             cap.
             5.
             
          
           
             23
             H.
             6.
             cap.
             8.
             
          
           
             4
             H.
             6.
             cap.
             1.
             6.
             cap.
             4.
             15.
             c.
             5.
             18.
             c.
             14.
             23.
             cap.
             10.
             28
             
             E.
             3.
             c.
             ult
             .
          
           
             1
             H.
             5.
             cap.
             10.
             
          
           
             18
             H.
             6.
             c.
             11.
             
          
           
             2
             H.
             5.
             
             Stat.
             2.
             cap.
             1.
             
          
           
             2
             H.
             5.
             cap.
             4.
             3
             cap.
             7.
             4
             
             H.
             6.
             cap.
             1.
             
          
           
             5
             H.
             4.
             cap.
             3.
             7
             
             H.
             4.
             cap.
             7.
             8
             
             H.
             5.
             cap.
             3.
             2
             
             H.
             6.
             c.
             7
             ,
             14.
             
          
           
             1
             H.
             5.
             cap.
             10.
             9
             
             Stat.
             2.
             ca.
             8.
             2
             
             H.
             6.
             cap.
             11.
             11
             
             H.
             6.
             cap.
             8.
             13
             
             H.
             4.
             cap.
             7.
             
             &
             2.
             4
             
             H.
             5.
             cap.
             8.
             
          
           
             5
             H.
             4.
             cap.
             10.
             
          
           
             1
             H.
             4.
             cap.
             10.
             
          
           
             3
             H.
             5.
             cap.
             6.
             
          
           
             8
             H.
             6.
             cap.
             6.
             
          
           
             14
             H.
             6.
             cap.
             8.
             
          
           
             5
             H.
             4.
             cap.
             4.
             
          
           
             18
             H.
             6.
             c.
             15.
             
          
           
             33
             H.
             6.
             cap.
             1.
             
          
           
             8
             H.
             6.
             cap.
             9.
             
          
           
             31
             H.
             6.
             cap.
             2.
             2
             
             H.
             5.
             cap.
             9.
             
          
           
             5
             H.
             4.
             cap.
             3.
             
          
           
             1
             H.
             4.
             cap.
             7.
             8
             
             H.
             6.
             cap.
             4.
             
          
           
             2
             H.
             4.
             cap.
             21.
             
          
           
             20
             H.
             6.
             
             Stat.
             2.
             c.
             6.
             
          
           
             4
             H.
             4.
             cap.
             3.
             
          
           
             18
             H.
             6.
             c.
             19.
             
          
           
             7
             H.
             4.
             
             
               Fitzherb
               .
               Protect
            
             .
             100.
             
          
           
             4
             Hen.
             4.
             
          
           
             19
             E.
             4.
             fol.
             6.
             
          
           
             1
             H.
             4
             cap.
             7.
             
          
           
             2
             H.
             4.
             cap.
             21.
             
          
           
             
               Exact
               .
               Collec
               .
               p.
            
             406.
             
          
           
             P.
             407.
             
          
           
             
               Ibid.
               fol.
            
             406.
             
          
           
             Collect.
             4.24
             .
          
           
             4
             H.
             5.
             cap.
             7.
             
          
           
             
               Mag.
               Cart.
               cap.
            
             32.
             
          
           
             18
             H.
             6.
             c.
             18.
             
          
           
             cap.
             19.
             
          
           
             Hall.
             10.
             
             H.
             6
             
          
           
             
               Com.
               lib.
            
             3.
             c.
             4.
             
             &
             5.
             
             &
             .
             6.
             
          
           
             
               Comin
               .
               lib.
            
             3.
             c.
             4.
             
          
           
             
               Comin
               .
               lib.
            
             3.
             c.
             5.
             
          
           
             12
             E.
             4
             cap.
             2.
             
          
           
             
               Comin
               .
               lib.
            
             4.
             cap.
             1.
             
          
           
             Edw.
             5.
             
             Rich.
             3.
             
          
           
             
               Fercat
               .
               de
               Gallar
               .
               Imper.
               lib.
            
             3.
             
          
           
             1
             Rich.
             3.
             c.
             2.
             
          
           
             1
             Rich.
             3.
             cap.
             15.
             
          
           
             1
             E
             4.
             n.
             30.
             
          
           
             12
             E.
             4.
             n.
             8.
             
          
           
             12
             E.
             4.
             cap.
             3.
             
          
           
             17
             E.
             4.
             n.
             10
             ,
             16.
             
          
           
             3
             E.
             4.
             cap.
             1.
             4
             
             E.
             4.
             cap.
             2.
             14
             
             E.
             4.
             cap.
             3
             ,
             5.
             
          
           
             3
             E.
             4.
             cap.
             1.
             
          
           
             1
             R.
             3.
             cap.
             12.
             4
             
             E.
             4.
             cap.
             1
             ,
             2
             ,
             3.
             17
             
             E.
             4.
             cap.
             1.
             
          
           
             3
             E.
             4.
             cap.
             5.
             22
             
             E.
             4.
             cap.
             1.
             17
             
             E.
             4.
             cap.
             1.
             
          
           
             1
             E.
             4.
             cap.
             2.
             
          
           
             1
             R.
             3.
             cap.
             3.
             
          
           
             12
             E.
             4.
             cap.
             9.
             
          
           
             1
             R.
             3.
             cap.
             2.
             
          
           
             Naucler
             .
          
           
             Antiq.
             Brit.
             294.
             
          
           
             9
             H.
             6.
             fol.
             56.
             
             
               Per
               Paston
            
             .
          
           
             5
             E.
             4.
             fol.
             6.
             9
             
             E.
             4.
             fol.
             3.
             7
             
             E.
             4.
             fol.
             2.
             
             
               Per
               Littleton
            
             .
          
           
             22
             E
             4.
             f.
             37.
             
          
           
             Thevet
             .
             lib.
             4.
             cap.
             32.
             
          
           
             Jovius
             Brit.
             
          
           
             
               Jovius
               Brit.
            
             fol.
             9.
             
          
           
             Hen.
             8.
             
          
           
             
               Thuan.
               lib.
            
             1.
             
          
           
             
               Thuan.
               lib.
            
             1.
             
          
           
             
               Jov.
               hist
               .
               fol.
            
             31.
             
          
           
             
               Fox
               .
               Sleyden
            
             .
             lib.
             9.
             
          
           
             1531.
             
             
               Ann.
               Antiq.
               Britt
            
             .
          
           
             
               Jovius
               Brit.
            
             f.
             20.
             
             Royden
             .
             lib.
             9.
             
          
           
             24
             H.
             8.
             ca.
             12.
             
          
           
             26
             H.
             8.
             cap.
             1.
             
          
           
             28
             H.
             8.
             c.
             10.
             35
             
             H.
             8.
             c.
             1.
             
          
           
             35
             H.
             8.
             c.
             3.
             
          
           
             25.
             
             H.
             8.
             ca.
             19.
             
          
           
             32.
             
             H.
             8.
             ca.
             26.
             
          
           
             25
             H.
             8.
             ca.
             14.
             
          
           
             31
             H.
             8.
             ca.
             14.
             
          
           
             Sleyden
             ,
             lib.
             9.
             
             Ann.
             1535.
             
          
           
             34.
             
             &
             35.
             
             H.
             8.
             cap.
             1.
             
          
           
             Antiq.
             Britt
             .
          
           
             35
             H.
             8.
             c.
             3.
             
          
           
             31
             H.
             8
             :
             ca.
             8.
             
          
           
             28
             H.
             8.
             c.
             17.
             
          
           
             25
             H.
             8.
             c.
             20.
             
          
           
             
               Rot.
               Pat.
            
             17.
             
             Jo●
             .
             35
             E.
             1.
             
             St.
             Carl.
             25
             E.
             3.
             
             
               De
               Provis
            
             .
             13
             R.
             2.
             ca
             2.
             
          
           
             Antiq.
             Brit.
             vit
             .
             Cranmer
             .
          
           
             31
             H.
             8.
             c.
             9.
             
          
           
             27
             H.
             8.
             c.
             27.
             
          
           
             31
             H.
             8.
             c.
             13.
             
          
           
             26
             H.
             8.
             c.
             23.
             
          
           
             Fox
             .
             Mart.
             fol.
             322.
             
          
           
             4
             Edw.
             4.
             
          
           
             15
             H.
             8.
             c.
             9.
             
          
           
             25
             H.
             8.
             c.
             19.
             
          
           
             27
             H.
             8.
             c.
             15.
             35
             
             H.
             8.
             c.
             16.
             
          
           
             32
             H.
             8.
             c.
             26.
             
          
           
             5
             H.
             8.
             cap.
             14.
             
          
           
             34
             H.
             8.
             cap.
             1.
             
          
           
             35
             H.
             8.
             cap.
             5.
             
          
           
             21
             H.
             8.
             c.
             13.
             25
             
             H.
             8.
             c.
             16.
             28
             
             H
             8.
             c.
             13.
             
          
           
             24
             H.
             8.
             c.
             12.
             
          
           
             25
             H.
             8.
             c.
             19.
             
          
           
             25
             H.
             8.
             c.
             22.
             
          
           
             28
             H.
             8.
             c.
             27.
             
          
           
             35
             H.
             8.
             c.
             1.
             
          
           
             25
             H.
             8.
             c.
             19.
             
          
           
             21
             E.
             4.
             fol.
             46
             
          
           
             25
             H.
             8.
             c.
             19.
             
          
           
             Instit
             .
             4.
             fol.
             323.
             
          
           
             21
             E.
             4.
             fol.
             45.
             
          
           
             20
             H.
             6.
             fol.
             14.
             
             
               Per
               Neuton
            
             .
          
           
             24
             H.
             8.
             c.
             12.
             
          
           
             24
             H.
             8.
             c.
             12.
             
          
           
             Instit
             .
             4.
             fol.
             344.
             
          
           
             25
             H.
             8.
             c.
             19.
             
          
           
             25
             H.
             8.
             c.
             21.
             
          
           
             Mag.
             Cart.
             
          
           
             Instit
             .
             3.
             fol.
             42.
             
          
           
             25
             H.
             8.
             c.
             14.
             
          
           
             31
             H.
             8.
             c.
             14.
             
          
           
             35
             H.
             8.
             
             
               Rat.
               Pat.
               p.
            
             15.
             
          
           
             15
             H.
             8.
             c.
             8.
             
          
           
             37
             H.
             8.
             c.
             17.
             
          
           
             28
             H.
             8.
             c.
             7.
             32
             
             H.
             8.
             c.
             38.
             
          
           
             21
             H.
             8.
             c.
             13.
             25
             
             H.
             8.
             c.
             16.
             28
             
             H.
             8.
             c.
             13.
             
          
           
             Antiq.
             Britt
             .
          
           
             Distin
             .
             &c.
             
               c.
               5.
            
             
             Esto
             &
             
               3.
               c.
            
             Ead.
             Dist
             .
             Episcopus
             .
          
           
             Instit
             .
             3.
             fol.
             40.
             
          
           
             1
             H.
             7.
             cap.
             4.
             
          
           
             31
             H.
             8.
             c.
             14.
             32
             
             H.
             8.
             c.
             10.
             
          
           
             14
             H.
             4.14
             .
             30
             E.
             3.
             
             Ass
             .
             19.
             22
             
             E.
             4.
             f.
             29.
             
             Hil.
             13.
             
             H.
             7.
             pl.
             15.
             26
             
             H.
             8.
             c.
             3.
             
          
           
             37
             H.
             8.
             c.
             17.
             
          
           
             23
             H.
             8.
             c.
             9.
             
          
           
             21
             H.
             8.
             c.
             5.
             
          
           
             28
             H.
             8.
             c.
             3.
             
          
           
             
               Rot.
               Claus.
            
             20
             E.
             2.
             m.
             3.
             
          
           
             15
             E.
             2.
             
             
               In
               Dors
            
             .
             m.
             13.
             
          
           
             3
             H.
             7.
             cap.
             1.
             
          
           
             4
             H.
             7.
             cap.
             12.
             
          
           
             11
             H.
             7.
             c.
             3.
             
          
           
             19
             H.
             7.
             c.
             14.
             
          
           
             11
             H.
             7.
             c.
             1.
             
          
           
             1
             H.
             7.
             cap.
             6.
             
          
           
             11
             H.
             7.
             c.
             18.
             
          
           
             11
             H.
             7.
             c.
             18.
             
          
           
             11
             H.
             7.
             c.
             18.
             
          
           
             19
             H.
             7.
             c.
             1.
             
          
           
             7
             H.
             7.
             cap.
             1.
             
          
           
             3
             H.
             8.
             cap.
             5.
             
          
           
             32
             H.
             8.
             c.
             13.
             33
             
             H.
             8.
             c.
             5.
             
          
           
             7
             H.
             7.
             c.
             1.
             3
             
             H.
             8.
             c.
             5.
             
          
           
             4
             H.
             8.
             cap.
             1.
             
          
           
             7
             H.
             8.
             cap.
             2.
             23.
             cap.
             7.
             32.
             cap.
             14.
             
          
           
             11
             H.
             7.
             c.
             15.
             19
             
             H.
             7.
             c.
             16.
             
          
           
             19
             H.
             7.
             c.
             10.
             
          
           
             3
             H.
             7.
             cap.
             3.
             
          
           
             3
             H.
             7.
             cap.
             1.
             
          
           
             3
             H.
             7.
             cap.
             1.
             19
             
             H.
             7.
             c.
             14.
             
          
           
             26
             H.
             8.
             c.
             13.
             
          
           
             3
             H.
             7.
             c.
             13.
             
          
           
             28
             H.
             8.
             c.
             18.
             
          
           
             4
             H.
             7.
             c.
             18.
             
          
           
             27
             H.
             8.
             c.
             2.
             
          
           
             22
             H.
             8.
             c.
             9.
             
          
           
             33
             H.
             8.
             c.
             8.
             
          
           
             3
             H.
             7.
             c.
             2.
             1
             
             H.
             7.
             c.
             1.
             22
             
             H.
             8.
             c.
             11.
             21
             
             H.
             8.
             c.
             7.
             
          
           
             26.
             
             H.
             8.
             c.
             13.
             27
             
             H.
             8.
             c.
             19.
             32
             
             H.
             8.
             c.
             12.
             
          
           
             4
             H.
             7.
             c.
             13.
             
          
           
             23
             H.
             8.
             c.
             1.
             
          
           
             4
             H.
             8.
             c.
             12.
             
          
           
             25
             H.
             8.
             c.
             3.
             
          
           
             23
             H.
             8.
             c.
             1.
             
          
           
             32
             H.
             8.
             c.
             3.
             
          
           
             28
             H.
             8.
             c.
             15.
             33
             
             H.
             8.
             c.
             22.
             
          
           
             35
             H.
             8.
             c.
             2.
             
          
           
             28
             H.
             8.
             c.
             7.
             35
             
             H.
             8.
             c.
             1.
             
          
           
             Q.
             Mary
             .
          
           
             Thuan.
             vol.
             1.
             lib.
             13.
             
          
           
             Thuan.
             vol.
             1.
             lib.
             1.
             
          
           
             Fox
             .
          
           
             Bodin
             .
             Rep.
             lib.
             6.
             
          
           
             C.
             2.
             
             Instit
             .
             fol.
             61.
             
          
           
             Forcat
             .
             de
             Gal.
             imp
             .
             lib.
             7.
             
          
           
             Quint.
             lib.
             1.
             cap.
             ult
             .
          
           
             Bodin
             .
             rep
             .
             l.
             6.
             
          
           
             28
             H.
             8.
             c.
             17.
             
          
           
             1
             E.
             6.
             cap.
             11.
             
          
           
             31
             H.
             8.
             ca.
             8.
             
          
           
             1
             E.
             6.
             cap.
             12.
             
          
           
             1
             E.
             6.
             cap.
             2.
             
          
           
             3
             &
             4
             E.
             6.
             c.
             11.
             
          
           
             26
             H.
             8.
             cap.
             1.
             
          
           
             1
             Eliz.
             cap.
             1.
             
          
           
             1
             Eliz.
             cap.
             3.
             
          
           
             13
             El.
             ca.
             12.
             23
             
             El.
             cap.
             1.
             
          
           
             5
             Eliz.
             ca.
             23.
             
          
           
             18
             Eliz.
             ca.
             8.
             
          
           
             5
             Eliz.
             ca.
             18.
             13
             
             Eliz.
             ca.
             9.
             39
             
             Eliz.
             ca.
             6.
             18
             
             Eliz
             c.
             12.
             43
             
             Eliz.
             ca.
             4.
             
          
           
             Fox
             Martyrol
             .
          
           
             1
             
               Marl.
               Parliament
            
             2.
             ca.
             1
             
          
           
             1
             &
             2.
             
             Phil.
             &
             Mary
             cap.
             10.
             
          
           
             1
             Mar.
             Sess
             .
             2.
             cap.
             11.
             &
             cap.
             5.
             
             &
             7.
             &
             ca.
             12.
             
          
           
             26
             H.
             8.
             ca.
             1.
             
          
           
             5
             Eliz.
             ca.
             1.
             
          
           
             Bodin
             .
             rep
             .
             l.
             6.
             
          
           
             28
             H.
             8.
             ca.
             7.
             1
             
             Mar.
             Sess
             .
             2.
             cap.
             1.
             
          
           
             35
             H.
             8.
             cap.
             
          
           
             13
             Eliz.
             ca.
             1.
             
          
           
             Thuan.
             vol.
             1.
             lib.
             20.
             
          
           
             1
             Jac.
             cap.
             1.
             
          
           
             35
             H.
             8.
             cap.
             1.
             
          
           
             1
             E.
             6.
             cap.
             12.5
             &
             6
             E.
             6.
             cap.
             11.1
             &
             2
             Phil.
             &
             Mar.
             cap.
             10.
             1
             
             Eliz.
             cap.
             6.
             
          
           
             1
             Eliz.
             cap.
             3.
             
          
           
             1
             Mar.
             Parl.
             2.
             cap.
             1.
             
          
           
             Sleiden
             .
          
           
             1
             Ph.
             &
             Mar.
             Parl.
             2.
             ca.
             10.
             
          
           
             1
             Ph.
             &
             Mar.
             Parl.
             2.
             cap.
             1.
             
          
           
             Bodin
             de
             Rep.
             lib.
             6.
             
          
           
             3
             &
             4
             E.
             6.
             cap.
             11.
             1
             
             El.
             c.
             1
             &
             2.
             1
             
             E.
             6.
             cap.
             1.
             1
             
             E.
             6.
             cap.
             2.
             5
             
             &
             6
             E.
             6.
             cap.
             1.
             5
             
             Eliz.
             ca.
             20.
             
          
           
             1
             E.
             6.
             ca.
             11.
             
          
           
             1
             E.
             6.
             ca.
             12.
             
          
           
             7
             E.
             6.
             cap.
             2.
             1
             
             Mar.
             Sess
             .
             2.
             cap.
             10
             &
             12.
             1
             
             E.
             6.
             cap.
             7.
             1
             
             E.
             6.
             cap.
             10.
             3.
             cap.
             28.
             5
             
             &
             6.
             ca.
             26.
             
          
           
             1
             E.
             6.
             c.
             2.
             
          
           
             1
             Eliz.
             cap.
             1.
             
          
           
             1
             Eliz.
             cap.
             ●
             .
          
           
             23
             Eliz.
             c.
             9.
             
          
           
             1
             
               Mar.
               Parl.
            
             2.
             cap.
             2.
             
          
           
             2
             &
             3
             Phil.
             &
             Mar.
             cap.
             1.
             
          
           
             2
             ●
             .
             6.
             cap.
             16.
             
          
           
             4
             &
             5
             Phil.
             &
             Mar.
             cap.
             3.
             
          
           
             2
             &
             3
             E.
             6.
             cap.
             2.
             
          
           
             4
             &
             5
             Phil.
             &
             Mar.
             cap.
             3.
             5
             
             E.
             6.
             cap.
             11.
             14
             
             Eliz.
             ca.
             1.
             
          
           
             27
             Eliz.
             cap.
             1.
             
          
           
             5
             Eliz.
             ca.
             20.
             
          
           
             cap.
             16
             ,
             17.
             
          
           
             2
             E.
             6.
             cap.
             29.
             5
             
             Eliz.
             ca.
             10.
             
          
           
             cap.
             15.
             
          
           
             Ae●ian
             .
             lib.
             2.
             
             Var.
             hist
             .
             cap.
             20.
             
          
           
             Tacit